Mississippi Advisory Opinions February 25, 1983: 19830225 (February 25, 1983)

Advisory Opinion Text

Honorable Philip H. Warren

Rankin County Circuit Clerk

Post Office Box 32

Brandon, Mississippi 39042

Elections - Qualifications to Vote

Dear Mr. Warren:

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

Your letter states:

“You stated in your letter of February 17th, that those persons who have moved to and reside in a new district in their county and did not transfer their voter registration are eligible to vote only in the district in which they now reside (the new district). You further stated that the transfer of registration within the county is not required to be done within thirty days of the election. Then, what is the cut off date to transfer your registration from one precinct to another within the county? There must be some cut-off date in order to have time to prepare the poll books for the election. Also, if a voter fails to transfer his voting prior to the election, his name will not appear on the poll books in the district in which he is residing (new district). How will this person vote? Will he vote an affidavit ballot?”

In response to your inquiry, there is no “cut off date” by which one must transfer his voter registration from one precinct to another within the county. Therefore, such transfer may be done on the day prior to the election.

If a voter fails to transfer his / her registration prior to election day he / she must vote by affidavit ballot.

Very truly yours,

Bill Allain, Attorney General.