Mississippi Advisory Opinions September 23, 1983: 19830923 (September 23, 1983)

Advisory Opinion Text

74 ELECTIONS-REGISTRATION

Honorable Ruth Dixon

Circuit Clerk

Post Office Box 312

Liberty, Mississippi 39645-0312

RE: Elections - Registration

Dear Mrs. Dixon:

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

Your letter states:

“Yesterday the Amite County Board of Supervisors, together with other county officials, being reprepented by Honorable F. W. Stratton, H. B. Mayes McGehee and Bill Goodman, and the Black Majority of Amite County, being represented by Honorable Victor McTeer and Armstrong, appeared before Judge Dan Russell of the United State District Court in Jackson, and announced to Judge Russell that an agreement had been reached between both parties on an Alternate Re-Districting Plan, which plan was approved by Judge Russell.

“The accepted Re-Districting Plan prescribes an administrative transfer of voter registration. The Board of Supervisors has indicated that sufficient persons will be paid to assist the Registrar and Election Commissioners in transferring the electors to the proper precincts and districts. These will be advised of the transfer by mail.

“Please advise what should be done with those electors who (1) cannot be located and/or those who we know have moved from the county? (2) Those who were federally registered and cannot be located or we know have moved from the county? (2) Those who have been actively voting, but there is evidence that they are living elsewhere?”

Mississippi Code Annotated § 23-5-11 (Supp. 1982) provides:

“The board of supervisors shall have power to alter the boundaries of the election districts and the voting place therein; and if they order a change in the boundaries, they shall notify the commissioners of election, who shall at once cause the registration books of election districts affected thereby to be so changed as to conform to the change of districts, and to contain only the names of the qualified electors in the election districts as made by the change of boundaries. Provided, however, that such altered boundaries shall insofar as possible conform to natural, visible artificial boundaries such as streets, highways, railroads, rivers, lakes, bayous or other obvious lines of demarcation, except county lines and municipal corporate limits.”

Whether or not certain individuals are residents of the newly drawn districts and are otherwise qualified to have their names placed on the registration books are factual determinations which must be made by the election commission. However, insofar as those persons who were “federally” registered are concerned, we suggest obtaining prior approval from the U.S. Department of Justice before omitting their names from said books.

We are enclosing a copy of an opinion to Honorable Bernard Handy, dated July 29, 1981, which sets forth certain guidelines which should be followed in determining an individual's residency for voting purposes.

Very truly yours,

Bill Allain Attorney General

Phillip C. Carter Special Assistant Attorney General