Mississippi Advisory Opinions October 05, 2016: AGO 2016-00457 (October 05, 2016)

Advisory Opinion Text

AUTH: Phil Carter

RQNM: Delbert Hosemann

SUBJ: Elections - Registration

SBCD: 74

TEXT: The Honorable Delbert Hosemann

Mississippi Secretary of State

Post Office Box 136

Jackson, Mississippi 39205

Re: Voter Registration Deadlines

Dear Secretary Hosemann:

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

Background

You cite Miss. Code Ann. Section 23-15-47 which provides that "any qualified elector may register to vote by mailing or delivering a completed mail-in application to his county registrar at least thirty (30) days prior to any election. The postmark date of a mailed application shall be the date of registration."

You further cite Section 1-3-67 which addresses how time is computed for service of process or notices and states in part that "the day of the act, event, or default from which the designated period of time begins to run shall not be included." This section further states that the period runs until the end of the next day which is not a Saturday, a Sunday, a legal holiday or any other day when the courthouse or the clerk's office is closed."

You note that the thirtieth (30th) day prior to the November 8th General Election is Sunday, October 9 , and the following next business day, Monday, October 10th, is a federal legal holiday on which the United States Post Office is closed. Monday, October 10th, is not a Mississippi legal holiday.

You cite the National Voter Registration Act, 52 U.S.C. Section 20507(a)(1)(C) which states "if the valid voter registration form of the applicant is postmarked not later than the lesser of thirty (30) days, or the period provided by State law, before the date of the election" a voter shall be eligible to cast a ballot in the federal election. You also note that 52, U.S.C Section 20507(a)(1)(C) provides a similar requirement for any registration form submitted to any voter registration agency.

Questions

Question 1 : What is the last date on which Mississippi residents may register to vote in person at the Circuit Clerks' Offices and be eligible to vote in the November 8, 2016 General Election?

Question 2 : What is the last date on which a mail-in voter registration application may be postmarked and the applicant be eligible to vote in the November 8, 2016 General Election?

Question 3 : What is the last date on which a mail-in voter registration application may be submitted in person to a Circuit Clerk's Office or other voter registration agency and the applicant be eligible to vote in the November 8, 2016 General Election?

Responses

The deadline for citizens registering in person in the appropriate circuit clerk's office and mail-in voter registration applications submitted in person to the appropriate circuit clerk's office is 12 noon on Saturday, October 8, 2016.

Mail-in voter registration applications mailed to the appropriate circuit clerk's office must be postmarked on or before October 9, 2016, which is a Sunday. It is incumbent upon the voter to ensure that his application is postmarked on or before this deadline.

We note that most post offices do not accept or postmark mail on Sundays. Most are open on Saturday, but only for limited hours. Some smaller post offices are not open at all on Saturday. In any case, it is the duty of the applicant to make sure his or her application is postmarked on or before the statutory deadline of October 9, 2016. As a practical matter, unless a post office is open on Sunday, October 9, the application must be postmarked on Saturday, October 8 or earlier.

Applicable Law and Analysis

The general voter registration deadline to enable one to vote in a particular election is thirty (30) days prior to the election. See Sections 23-15-11; 23-15-37 and 23-15-125.

Section 23-15-37 provides, in part:

(1) The registrar shall keep his books open at his office and shall register the electors of his county at any time during regular office hours.

(2) The registrar may keep his office open for registration of voters from 8:00 a.m. until 7:00 p.m., including the noon hour, for the five (5) business days immediately preceding the thirtieth day prior to any regularly scheduled primary or general election. The registrar shall also keep his office open from 8:00 a.m. until 12:00 noon on the Saturday immediately preceding the thirtieth day prior to any regularly scheduled primary or general election. (Emphasis added).

As noted in your letter, Section 23-15-47(2)(a) provides:

Any qualified elector may register to vote by mailing or delivering a completed mail-in application to his county registrar at least thirty (30) days prior to any election. The postmark date of a mailed application shall be the date of registration.

You cite and quote Section 20507(a)(1)(C) of the National Voter Registration Act which provides that a voter shall be eligible to cast a ballot in a federal election, "if the valid voter registration form of the applicant is postmarked not later than the lesser of thirty (30) days, or the period provided by State law, before the date of the election."

You cite Section 1-3-67 and note that our previous opinions did not address the impact, if any, on voter registration deadlines.

The specific statutory thirty (30) day voter registration deadline constitutes neither service of process nor "notice" as contemplated by Section 1-3-67 . Therefore, Section 1-3-67 is inapplicable to voter registration deadlines.

Furthermore, we find no other statute that could be interpreted to provide a "lesser" voter registration deadline than the statutory thirty (30) day deadline. In other words, we find nothing in state law that could be interpreted as providing for a twenty-eight (28) day voter registration deadline based on the fact that the thirtieth (30 ) day prior to the November 8, 2016 General Election falls on a Sunday and the following Monday is a federal holiday.

Sincerely,

JIM HOOD, ATTORNEY GENERAL

Phil Carter, Special Assistant Attorney General

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Notes:

“When process shall be required to be served or notice given any number of days, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, a Sunday or a legal holiday, or any other day when the courthouse or the clerk's office is in fact closed, whether with or without legal authority, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, a legal holiday, or any other day when the courthouse or the clerk's office is closed. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.” Miss. Code Ann. Section 1-3-67.

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