Mississippi Advisory Opinions March 06, 1998: AGO 98-0124 (March 06, 1998)

Advisory Opinion Text

Hon. Lucy Carpenter

Circuit Clerk, Marshall County

Post Office Box 459

Holly Springs, Mississippi 38635

Re: Inactive voters and the jury selection process

Dear Ms. Carpenter:

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

The National Voter Registration Act provides for putting registered voters on an ‘inactive’ status after Election Commissioners have followed certain guidelines as set out in the Act. These ‘inactive’ voters are not purged from the voter rolls until two Federal elections have passes and they have not voted, or commissioners have proof the voter has died, or they have received a confirmation that he has moved out of the county.

Circuit clerks have questioned the status of these inactive voters as they relate to the jury selection process. Please render an official opinion as to whether or not registered voters classified as inactive should be included in the jury wheel.

We have previously opined that those voters registered pursuant to the National Voter Registration [NVRA] only are not eligible to serve on juries. MS AG Op., Carpenter (January 10, 1996), attached. We have also previously opined that the master voter registration list to be provided to the jury commission pursuant to Section 13-5-8, Miss. Code Ann . should not include the names of those persons who are “inactive” voters as provided in Section 23-15-159. MS AG Op., Pearce (March 22, 1991), attached. Therefore, it the opinion of this office that the master list to be used by the jury commission in the jury selection process should not include the names of those persons who are on the NVRA inactive list.

If this office can be of any further assistance, please let us know.

Very truly yours,

Mike Moore, Attorney General.

Sandra Murphy Shelson Special Assistant Attorney General.