Mississippi Advisory Opinions March 02, 1987: AGO 000007817 (March 2, 1987)

AGO 000007817.

Dear Mr. Parker:

Attorney General Pittman has received your letter of request and has assigned it to me for research and reply. Your request concerns the authority to compensate the circuit clerk for making new registration or poll books under certain conditions. It does not concern the issue of compensation for "revising" the poll books not necessitated by re-registration, said issue having #been addressed in an opinion to James A. Torrey, Jr., Esquire, dated September 3, 1986.

Specifically, your letter states:

"When the Circuit Clerk, Election Commission and Board of Supervisors determine that the registration or poll books have become mutiliated to the point that new ones should be made, can the Board of Supervisors employ the Circuit Clerk to make new poll books pursuant to Section 23-5-47 and com- pensate the Circuit Clerk pursuant to Section 23-5-179?" Miss. Code Ann. 23-15-119 (Supp. 1986) (formerly 23-5- 47) provides:

When the registration books shall be filled, the board of supervisors of the county shall procure others, to be kept and used as herein directed, or they may cause the books in use at any time to be enlarged so is to contain the names of all persons who may be registered; and the board of supervisors shall cause new pollbooks to be made from time to time as may be necessary or proper; and in case of the destruction or mutilation of the registration books or pollbooks, so as to make it proper to have the names of the electors on the old books transcribed into new ones, the board shall cause it to be done, and the new books so made shall have the same effect as the old ones. (Emphasis added.)

Further, Miss. Code Ann. 23-15-259 (Supp. 1986) (formerly 23-5-179) provides in part:

The board of supervisors of the several counties are authorized to allow compensation of the officers rendering services in matters of registration and elections, to provide ballot boxes, registration and pollbooks, and all other things required by law in registration and elections.

In view of the above, it is the opinion of this office that if the board of supervisors makes a proper finding of fact upon its minutes that the registration or poll books have become mutilated to the extent that new books should be made, the board may direct the circuit clerk, by an order spread upon its minutes, to prepare new poll books. For performing said service, the board may allow the circuit clerk reasonable compensation under the authority of 23-15-259.

Very truly yours,

EDWIN LLOYD PITTMAN, ATTORNEY GENERAL

BY:

Pete J. Cajoleas Assistant Attorney General

PJC/lcm