Mississippi Advisory Opinions November 22, 1995: AGO 000010880 (November 22, 1995)

AGO 000010880.

Dear Ms. Allsup:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. A copy of your letter is attached for reference. We understand your question to be whether persons who have been judicially determined to be mentally incompetent may lawfully vote.

We understand that some are concerned that the removal of names from the voter rolls of those who have been judicially determined to be mentally incompetent may violate Section 41-21-101 which provides:

"No admission or commitment to a treatment facility under sections 41-21-61 through 41-21-107 or any finding of need for treatment, or any authorization of continued treatment under said sections (a) is an adjudication of legal competency, or (b) deprives the person of his right to exercise his civil rights, including, but not limited to, civil service status, the right to vote, rights relating to the granting renewal, forfeiture or denial of a license, permit, privilege or benefit pursuant to any law, or the right to enter into contractual relationships and to manage his property; nor does such admission, hospitalization, finding or authorization of continued hospitalization create any presumption that such person is incompetent."

Obviously, the above quoted provisions apply to persons who are admitted or committed for treatment to a mental treatment facility as opposed to persons who have been adjudicated to be mentally incompetent. It specifically provides that such admission or commitment is not an adjudication of legal competency. Therefore, this statute has no application to the question presented in your letter.

Please see the enclosed copy of our opinion to James P. Dean, Esquire, dated March 14, 1995. In summary that opinion says that the name of any person who has be determined to be non compos mentis by a court of competent jurisdiction and has not since been determined by a court of competent jurisdiction to now be competent, should be removed from the voter registration records as is required by Mississippi Code Annotated, Section 23-15-153. That opinion includes the definition of the term non compos mentis as follows: "Not of sound mind. A generic term applicable to all insane persons, of whatsoever specific type the insanity may be and from whatever cause arising, weakness of mind". It is our opinion that individuals who have been adjudged mentally incompetent by a court of competent jurisdiction may not lawfully vote and the names of those individuals are required by Section 23-15-153 to be remove from the voter registration records.t EXT: Your letter indicates that names of individuals who have been adjudged incompetent remain on the voter rolls in Noxubee County and that other individuals are being allowed to mark their ballots for them. This is a serious matter that must be corrected. We remind the commission that it is charged with the responsibility of removing from the voter registration records the names of individuals who have become disqualified. Wilful failure of any election commissioner to perform this duty constitutes a crime pursuant to Section 23-15-269. We trust your commission will take the appropriate action regarding this matter.

Sincerely,

MIKE MOORE ATTORNEY GENERAL

By:

Phil Carter Special Assistant Attorney General

PC:sm Enclosure