Mississippi Advisory Opinions November 02, 1983: 19831102 (November 02, 1983)

Advisory Opinion Text

Mrs. Mabel White

Circuit Clerk

Leflore County

Post Office Box 1953

Greenwood, Mississippi 38930

Dear Mrs. White:

Attorney General Bill Allain has received your request for opinion and has referred it to the undersigned for research and reply.

You present three questions, which will be set forth below in the order presented followed by the opinion in response thereto:

“1. Can the Election Commission remove a voter who registered as a dormatory student on a college campus, who is no longer a dorm student and no longer living in Leflore County.”

§ 23-5-73, Mississippi Code of 1972, Annotated & Amended, contains the following provision:

“When election commissioners determine that any elector is disqualified from voting, by reason of removal from the precinct, or other cause, that fact shall be noted on the registration book and his name shall be erased from the poll book.”

This statutory provision is quoted based upon your reference that the voter to whom you refer is “ . . . no longer living in Leflore County.

“2. Can all absentee ballots be held in the Circuit Clerk's office and not be taken to the polls on election day. Can they be opened and counted by the Election Commissioners when returns are canvassed?”

With reference to the first sentence of this inquiry, § 23-9-415, Ibid., provides with reference to all absentee ballots that:

“The registrar shall deposit all absentee ballots which have been timely cast in the ballot boxes upon receipt.”

Regarding the second sentence of the question as to whether such ballots can “ . . . be opened and counted by the Election Commissioners when returns are canvassed?”, § 23-9-417, Ibid., provides for the opening of absentee ballots by the election managers at the polling place at the close of the regular balloting and at the close of the polls. The procedure for the handling of absentee ballots by the election managers is set forth in § 23-9-417, Supra, which may be reviewed by the election commissioners when the returns are canvassed.

“3. Does the Election Commissioners have the legal authority to remove any voter who they have reason to believe is no longer a resident of Leflore County.”

The answer to this question is the same as the response to Question No. 1, above.

Very truly yours,

Bill Allain, Attorney General.