Mississippi Advisory Opinions August 26, 1987: AGO 000008031 (August 26, 1987)
Collection: Mississippi Attorney General Opinions
Docket: AGO 000008031
Date: Aug. 26, 1987
Advisory Opinion Text
AGO 000008031.
DOCK 1987-373
AUTH John H. Emfinger
DATE 19870826
RQNM Phil Carter
SUBJ Election, qualification to vote
SBCD 72
TEXT Honorable Phil Carter
Director of Elections
Office of the Secretary of State
Post Office Box 136
Jackson, Mississippi 39205
Dear Mr. Carter:
Attorney General Edwin Lloyd Pittman has received your letter of request and has assigned it to me for research and reply. In your letter, a copy of which is attached hereto and incorporated herein by reference, you ask two specific questions which will be addressed below:
QUESTION NO. 1: Is a qualified elector who moves from one supervisor's district to another supervisor's district within the same county and resides in the new district for thirty (30) days or more prior to an election but fails to have his registration transferred, entitled to vote in the election and if so in which district is he entitled to vote?
RESPONSE: In an opinion issued to the Honorable John T. Mozingo, dated April IS, 1987, a copy of which is attached hereto, we said that such a person would be entitled to vote in the precinct of his new residence by Affidavit Ballot. That opinion also states that such a person would be ineligible to vote in the old precinct.
QUESTION NO. 2: If a qualified elector moves from one supervisor's district to another supervisor's district within the same county within thirty (30) days of an election, is he entitled to vote in the election and if so in which district is he entitled to vote?
RESPONSE: Pursuant to Miss. Code Ann. 23-15-11 (Supp. 1986; Special Pamphlet), in addition to being duly registered as an elector, before an elector is entitled to vote at any election he must have first been a resident of the supervisor's district in which he offers to vote for a period of thirty (30) days prior to such election. Therefore, where a qualified elector moves from one supervisor's district to another supervisor's district within the same county within thirty (30) days of an election he is not eligible to vote in the election.
Should you have any questions or if we may be of further assistance please do not hesitate to contact this office.
Sincerely,
EDWIN LLOYD PITTMAN, ATTORNEY GENERAL
BY John H. Emfinger Special Assistant Attorney General
JHE:mfd Enclosures