Mississippi Advisory Opinions March 20, 1998: AGO 98-0149 (March 20, 1998)

Advisory Opinion Text

Ms. Jackie Exum-Petty

Registrar

City of Columbus

P.O. Box 1408

Columbus, Mississippi 39703

Re: Purging voter rolls

Dear Ms. Exum-Petty:

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

The Election Commissioners are considering doing a mass mailing as a method for purging the voter rolls. Under this plan, a postage paid postcard will be sent to each registered voter using the address listed on the voter rolls.

If the card fails to reach the voter and is returned undeliverable, a second ‘confirmation’ card will be mailed to the same address. If the second card also proves undeliverable, the voter's name will be stricken from the rolls.

Can the Election Commissioners lawfully use mass mailing as indicated above, as a method for purging the voter rolls.

Pursuant to Section 23-15-153, Miss. Code Ann ., a municipality may purge its voter registration books by making a factual determination that a voter does not reside at the address listed on his or her registration. See MS AG Op., Elliott (May 25, 1994), attached. A municipality has no role in federal elections, and therefore is currently not obligated to follow the purging procedures of the National Voter Registration Act. See MS AG Op., Allsup (August 23, 1996), attached. However, please be advised that there is pending legislation that may require that those persons whose postcards come back as undeliverable be placed on an inactive list for a period of two successive federal elections prior to being removed from the registration books.

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

Very truly yours,

Mike Moore, Attorney General.

Sandra M. Shelson, Special Assistant Attorney General.