Mississippi Advisory Opinions July 17, 1986: 19860717 (July 17, 1986)

Advisory Opinion Text

Honorable Nancy White Reed

Circuit Clerk

Post Office Box 1276

Greenville, Mississippi 38702-1276

Dear Mrs. Reed:

Attorney General Edwin Lloyd Pittman has received your letter of request and has assigned it to me for research and reply.

Your letter states:

“Washington County is now in the process of re-registration of eligible voters that went into effect June 1, 1986. We are presently entering all applications of this re-registration into our computer. The computer printout of these applications are our new registration books. It is my opinion that I am responsible for entering said applications on the computer pursuant to the provisions of § 23-5-31 and § 23-5-25, Mississippi Code Annotated 1972, as amended, as follows:

“23-5-31. Registrar to register voters.

'Every person entitled to be registered as an elector in compliance with the laws of this state and who have signed his name on the application for registration to vote shall be registered by the registrar on the registration books of the election district of the residence of such person.' (Emphasis added)

“23-5-25. Form of registration books.

'(b) Such files shall contain copies of the application for registration completed by electors, which applications shall show the date of registration and signature of electol, and such files shall be known as registration books. The files described herein may be recorded on microfilm or computer software for convenience and efficiency in storage.' (Emphasis added)

“My question to you is this:

'Are the laws that I have stated interpreted as that I am allowed to enter the voter applications into the computer in order to have a print out to be used as registration books?”'

In addition to the Code sections quoted in your letter Section 23-5-77 appears applicable to your question. It provides:

“The registration books of the several election districts of each county and the poll books heretofore in use shall be delivered to the registrar of the county, and they, together with the registration books and poll books hereafter made, shall be records of his office , and he shall carefully preserve the same as such; and after such election the poll books shall be speedily returned to the office of the registrar.” (Emphasis added)

Based on the above quoted statute and those quoted in your letter it is the opinion of this office that the county registrar has custody of and control over the registration books and has the discretionary authority to enter the information contained on the voter application for registration form into a computer and use a printout of said information as the registration books.

Very truly yours,

Edwin Lloyd Pittman, Attorney General.