Mississippi Advisory Opinions August 09, 1989: 19890809 (August 09, 1989)

Advisory Opinion Text

Honorable W.C. “Buck” Rogers, Jr.

Circuit Clerk

Post Office Box 504

Clarksdale, Mississippi 38614

Re: Elections—Qualifications of Candidates

Dear Mr. Rogers:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. A copy of your letter is attached for reference. The particular area of concern is that of registering mentally retarded citizens to vote. It is our understanding that occasionally individuals who appear to be incapable of expressing their desire to register are transported to your office and that a third person requests that said individuals be registered. Your letter states that it is your understanding that individuals who are unable to answer the questions on the voter registration form, cannot be qualified electors. You then ask for guidance on how such a situation should be handled.

Mississippi Code Annotated Section 23–15–39 (Supp.1988) sets forth the voter registration form that must be used and the procedure that must be followed by one who wishes to become a registered voter. The application form itself states:

“You may receive assistance in filling out this form from any person of your choosing. It is not necessary that this form be filled out in the presence of the registrar, however, the oath must be executed in the presence of the registrar or his deputy.”

Section 23–15–39(6) provides:

“Any person desiring an application for registration may secure the same from the registrar of the county of which he is a resident and may take said form with him and secure assistance in completing said form from any person of the applicant's choice. It shall be the duty of all registrars to furnish forms for registering to all persons requesting the same, and it shall likewise be his duty to furnish aid and assistance in the completing of said forms when requested by an applicant. The application for registration shall be sworn to and subscribed before the registrar or deputy registrar at the ... county registrar's office or any other location where the applicant is allowed to register to vote....” (emphasis added)

We begin by stating that, in accordance with the above quoted provisions, every individual who possesses the requisite qualifications to be a qualified elector and desires to register is entitled to have the assistance of the person of his choice to complete the voter registration form. We further state that in order for an individual to be disqualified as an elector because of impaired mental capacity, he must have been judicially determined to be insane. See opinion addressed to Honorable Henry L. Clarke, dated September 23, 1983 (copy attached).

However, while anyone may receive the assistance of a person of his choice, including the registrar or deputy registrar, in completing the registration form, the potential elector must execute the prescribed oath personally before the registrar or deputy registrar in order to be a lawfully registered voter. Failure, for whatever reason, to execute the oath before the registrar or deputy registrar would prevent the registration of that particular individual.

Sincerely,

Mike Moore Attorney General.

ATTACHMENT

September 23, 1983

Honorable Henry L. Clarke

Holmes County Election Commission

Route 1, Box 173

Pickens, Mississippi 39146

Dear Mr. Clarke:

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

Your letter states:

“Enclosed is information of Fred Watson who is seeking to be placed on the General Election Ballot. Since it is stated that he would be dangerous to society, we, the Election Commissioners of Holmes County, request an immediate ruling on the matter.”

In response to your inquiry, it is the opinion of this office that the Order of the Hinds County Circuit Court enclosed with your letter cannot be relied on as an adjudication of the sanity of Mr. Watson for the purpose of determining whether or not he is a qualified elector. Likewise, the statement that he “is a danger to the security of persons and property and the peace and safety of the community, ” is not legally sufficient to justify omitting his name from the ballot.

Very truly yours,

Bill Allain Attorney General.