Mississippi Advisory Opinions March 01, 1984: AGO 000003998 (March 1, 1984)

AGO 000003998.

Dear Mr. Griffith:

Attorney General Edwin Lloyd Pittman has received your letter of January 24, 1984, and has assigned it to me for reply. In your letter you state: "On behalf of the Board of Supervisors of Bolivar County, Mississippi, I request an opinion from your office on the following:

"May the Board of Supervisors of Bolivar County order the registrar to take the Voter Registration Books to several smaller precincts in Bolivar County for the purpose of registering voters prior to the June, 1984, party primaries, consistent with Mississippi Code, Annotated, 23-5-29 (1972)?

"This question arises by virtue of the fact that the proposed registration in outlying precincts is not being done 'during the year of the regular county and general election,' nor is a new registration being ordered by the board of supervisors, which appear to be the only two conditions in 23-5-29 authorizing removal of the registration books from the office of the county registrar.

"In responding to this question, please note, further, that the election of supervisors, constables and justice court judges was not held in 1983 by virtue of an injunction pending in the United States District Court for the Northern District of Mississippi in connection with Bolivar County's redistricting process, and it appears that the election of supervisors, constables and justice court judges will likely be held during mid-1984 in the event the United States District Court aforesaid so orders."

Section 23-5-29 of the Mississippi Code, Annotated, 1972, (and its predecessor Section 3211 of the 1942 Code) provides the circumstances under which the registrar may remove his books from his office. We are not aware of any authority for the board of supervisors to order the registrar to remove the books except as provided in the above cited Code section.

We trust that the above will prove of value to you.

Very truly yours,

EDWIN LLOYD PITTMAN, ATTORNEY GENERAL

BY:

Larry J. Stroud Special Assistant Attorney General

LJS:cm