Mississippi Advisory Opinions October 07, 1983: 19831007 (October 07, 1983)

Advisory Opinion Text

Honorable Beryl G. Toler

Lee County Election Commission

1911 Allyson Drive

Tupelo, Mississippi 38801

Re: Elections - Commission

Dear Mr. Toler:

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

Your letter states:

“As Chairman of the Lee County Election Commission, I have been requested to seek a written opinion from your office on what constitutes a legal removal of a name of a person from the registration books. For example, is failure to respond or leave forwarding addresses of two (2) registered jury notification summons sufficient for removal of a name on the poll books?”

Mississippi Code Annotated §§ 23-5-79, -80 and -81 (Supp. 1983) govern the revision of registration books and poll books. Each of these sections provides in part:

“[T]he commissioners of election shall meet at the office of the registrar and carefully revise the registration books and the poll books of the several election districts, and shall erase therefrom the names of all persons erroneously thereon, or who have died, removed or become disqualified as electors for any cause; . . . .”

Whether or not an elector has removed himself from his election district is a factual determination which can only be made by the commissioners of election.

Therefore, if, after considering all the available information, the commissioners of election determine that an elector has in fact removed himself from his election district, the removal of his name from the registration books and poll books is required.

Very truly yours,

Bill Allain, Attorney General.