Mississippi Advisory Opinions February 11, 2000: AGO 2000-0044 (February 11, 2000)

Advisory Opinion Text

Ms. Jackie Exum-Petty

Municipal Registrar

City of Columbus

Post Office Box 1408

Columbus, Mississippi 39703

Re: Voter Rolls

Dear Ms. Petty:

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

Your letter states:

“This is to request an official opinion regarding a voting issue. Would you please advise whether it is the legal obligation of the City of Columbus or Lowndes County to maintain the City of Columbus Separate School District voter rolls. Please also advise who should issue voter registration cards.”

It is our understanding that the Columbus Municipal Separate School District includes the entirety of the City of Columbus and additional territory in Lowndes County outside the corporate limits of the City of Columbus.

As you are aware, there are statutory provisions that govern county voter rolls and municipal voter rolls. We find no specific statutory reference to voter rolls of a municipal separate school district.

In response to your inquiry, please see the enclosed copy of our opinion addressed to Honorable Joseph M. Shepard, dated June 26, 1998. In summary, that opinion states that a bond election for a municipal separate school district with added territory is primarily a municipal election and that the municipal election commission is the proper body to conduct the election. It further states that the county registrar should cooperate with and supply to the municipal election commission an accurate list of county voters, outside the corporate boundaries, who are eligible to participate in the election.

In regard to the issuance of voter registration cards, we assume you are referring to the issuance of such cards to those voters residing within the school district but outside the corporate limits of the City of Columbus.

We find nothing that would legally obligate either the municipal registrar or the county registrar to issue voter registration cards specifically identifying voters eligible to vote in municipal separate school district elections. In our opinion it is within the discretion of the county registrar to indicate on county registration cards the eligibility of voters residing in the added territory of a municipal separate school district to vote in said school district's elections. Likewise, we are of the opinion that the municipal registrar has the discretionary authority to issue cards to voters residing outside the corporate limits who are eligible to vote in the municipal school district's elections.

Sincerely,

Mike Moore, Attorney General.

Phil Carter, Special Assistant Attorney General