Mississippi Advisory Opinions March 15, 1990: AGO 000007393 (March 15, 1990)

AGO 000007393.

Dear Ms. Sautermeister:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply.

Your letter states:

"An opinion is requested on the following:

Are municipal election commissioners able to keep and use an inactive voters' list? Reference: 23-15-159c"

Please see the enclosed copy of an opinion addressed to Honorable Patricia A. Keyes, dated June 1, 1988. In summary that opinion states, inter alia, that the purging of the voter rolls of the names of persons who have not voted in a state, county, or federal election in the last four (4) years as authorized by Mississippi Code Annotated 23-15-259 (Supp. 1989) is not applicable to municipal election commissions. It further states that any list of suspended voters compiled by the county election commission must be furnished to the election commissioners of each municipality located in the county. Upon receipt of such a list, the municipal election commission is required to remove from the municipal registration records the names of any persons found on said list. Keyes also states that if a person whose name is on the suspended list casts a valid affidavit ballot in a municipal election his registration is automatically restored in both the municipality and the county. This necessarily requires a good line of communication between the county election commission and the municipal election commissions in those counties which elect to purge for non-voting in accordance with section 23-15-259 supra.

While municipal election commissions do not purge for non- voting they are required to keep and use the suspended or "inactive" list compiled and provided by the county election commission to the extent outlined above.

Sincerely,

MIKE MOORE ATTORNEY GENERAL

BY: Phil Carter Special Assistant Attorney General PC:mfd Enclosure