Mississippi Advisory Opinions March 10, 2000: AGO 2000-0112 (March 10, 2000)

Advisory Opinion Text

The Honorable Donna Jill Johnson

Circuit Clerk, Lauderdale County

Post Office Box 1005

Meridian, Mississippi 39302-1005

Re: Voter Registration Records / Public Records

Dear Ms. Johnson:

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

“In order to insure compliance with the law and protect the privacy of our citizens, we are in need of your official opinion on a question that has arisen concerning the legality of allowing access to certain personal information contained on the Lauderdale County voter registration records.

Pursuant to Mississippi Code Annotated Section 23-15-135 (1972), the voter registration books and poll books are records of my office. That statute requires me to 'carefully preserve the same as such.'

Section 23-15-140(3) provides:

'Social security numbers, telephone numbers, and date of birth and age information retained in statewide, district, county and municipal voter registration files shall be exempt from and shall not be subject to inspection, examination, copying or reproduction under the Mississippi Public Records Act of 1983.

Copies of statewide, district, county or municipal voter registration files, excluding social security numbers, telephone numbers, and dates of birth and age information, shall be provided to any person, in the order the requests are received, in accordance with the Public Records Act of 1983 at a cost not to exceed the actual cost of reproduction.'

Section 23-15-153 requires the county election commissioners to meet and carefully revise the registration books and the poll books.

I have received requests from individuals who wish to have access to at least some of the personal information contained on the voter registration files.

The question is whether it is legally permissible for any other elected official other than me, my office personnel and the county election commissioners to have access to the voter registration records without excluding social security numbers, telephone numbers, and dates of birth and age information?”

Mississippi Code Annotated Section 23-15-140(3) (1972) quoted in your letter specifically provides that copies of the county voter registration files excluding social security numbers, telephone numbers, and dates of birth and age information, shall be provided to any person in accordance with the Public Records Act of 1983.

Pursuant to Section 23-15-135 you, as the county registrar, are the custodian of the county voter registration records. We also recognize that the statutory duties of your county election commissioners require that they have access to the protected information. However we find no exception that would allow any other elected officials or other groups or categories of people to have access to such information. Based on the plain language of the statute, we are of the opinion that any and all requests for access to or copies of these records must be made to you and that it is your duty and responsibility to insure that voters' social security numbers, telephone numbers, and dates of birth and age information are excluded prior to granting access or providing copies of said records.

Sincerely,