Mississippi Advisory Opinions October 14, 2005: AGO 000016800 (October 14, 2005)

AGO 000016800.

Dear Mr. Bigelow:

Attorney General Jim Hood has received your letter of request and assigned it to me for research and reply. A copy of your letter is attached for reference.

You cite Senate Bill 2857, Regular Session 2004 which is the "Mississippi Help America Vote Act of 2002 Compliance Law." Pursuant to that legislation, the current version of Mississippi Code Annotated Section 23-15-39 remains in effect until January 1, 2006. It requires municipal clerks to make determinations of the appropriate municipal voting precincts in which applicants shall be required to vote. From and after January 1, 2006 Section 23-15-39 will be amended to require the county registrar to provide each applicant a copy of his or her application upon which shall be written the county voting precinct and municipal voting precinct, if any, in which they shall vote.

You state that the Washington County Registrar and the Washington County Election Commission have been and are continuing the practice of informing newly registered voters of both their county precinct and their municipal precinct, if applicable. You note that there is no agreement between the two entities for the county to provide the municipality with registration books and poll books containing only the qualified electors of the municipality pursuant to Section 23-15-137. You further state that the information being sent by the county is inaccurate because it is for precincts that were based on the 1990 Census rather than reflecting the current voting precincts that were realigned following the 2000 Census and effectuated pursuant to Section 5 of the Voting Rights Acts. Also, the municipal registrar is sending voters such information based on the current precinct lines.

You note the potential confusion that may exist for voters in the upcoming municipal elections to be held December 12, 2005.

Your first question concerns what remedy the municipal governing authorities may have to prevent the Washington County Registrar and the Washington County Election Commission from sending municipal voters erroneous information and whether these county officials can demand compensation to cease sending such information. Your second question relates to the responsibilities of the county election officials under the revised statutes that take effect on January 1, 2006.

With regard to your first question, it is our opinion that the solution to your problem is not in finding legal authority which will provide a remedy, but rather that the city and county election commissions along with the circuit clerk and municipal clerk, meet and work out an administrative solution that will insure that newly registered voters who reside within the city limits are provided only correct municipal precinct information. Absent such an agreement between the parties, any remedy must come from a court of competent jurisdiction. Regarding any payment to county officials to cease sending erroneous information, we understand that changes would have to be made in the county's computer program that is used to revise the county registration records and poll books. Any payment by the municipality to county officials for any work relating to revision of the municipal registration books and poll books must be by agreement pursuant to Section 23-15-137. We find no authority for the

Washington County Registrar and the Washington County Election Commission to provide municipial precinct information and no authority for the municipality to compensate the county officials for such services absent an agreement providing for same.

Pursuant to Section 7-5-25 the Attorney General is authorized to issue official opinions only to designated public officials and agencies on questions of law relating to their respective offices. Since your second question relates to the duties of the county election officials we are unable to respond with an official opinion. However, we refer you to the revised version of Section 23-15-39(5) which deals with voter registration and will become effective on January 1, 2006. It states that "the county registrar shall provide to the person making the application a copy of the application upon which has been written the county voting precinct and municipal voting precinct, if any, in which the person shall vote."

Sincerely,

JIM HOOD, ATTORNEY GENERAL

By: Phil Carter Special Assistant Attorney General