Mississippi Advisory Opinions March 14, 1988: 19880314 (March 14, 1988)

Advisory Opinion Text

Mrs. Sue Sautermeister

Hinds County Election Commissioner

Post Office Box 946

Jackson, Mississippi 39205-0946

Dear Ms. Sautermeister:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. In your letter you state:

In 1988, Miss. Code Section 23-15-159, deletion of nonvoters from the voter rolls, goes into effect. In what way will this affect the selection of jurors who are pulled from the voter rolls? Are we to retain those who have not voted and have been notified that they are being removed from the voter rolls on the list from whom the jurors are pulled or should our jurors only be pulled from the list of ‘active’ voters?

After the notice requirements of Miss. Code Ann. § 23-15-159 (Supp. 1987) have been met, the Election Commission may erase from the registration and poll books the names of those persons who have not voted in at least one (1) election, whether it be a general or special or primary election, whether on a county, state or federal level, in the last four successive years and who have not responded to the notice. The persons removed from the voter registration and poll books would no longer be on the master list for jury service as set forth in Miss. Code Ann. § 13-5-8 (Supp. 1987) . We would point out however, that the Circuit Clerk is required by § 13-5-8(2) to certify the voting list during the month of January each year. The jury list is made from the list of qualified electors as same exist on the date the jury list is made.

Should you have any questions or if we may be of further assistance, please do not hesitate to contact this office.

Sincerely,

Mike Moore Attorney General.

John H. Emfinger Special Assistant Attorney General.