Mississippi Advisory Opinions April 12, 1996: AGO 96-0226 (April 12, 1996)

Advisory Opinion Text

Honorable Lucy Carpenter

Circuit Clerk, Marshall County

Post Office Box 459

Holly Springs, Mississippi 38635

Re: Destruction of voter registration records

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:

Section 23-15-113 and 23-15-114 of the Mississippi Code of 1972 Annotated provides for recording voter registration records on microfilm or computer software.

Once records have been recorded in the manner prescribed, may the original hard copy be destroyed?

Section 23-15-113, Miss. Code Ann . states:

The registration books are to be in the following form: Files shall contain copies of the applications for registration completed by electors, which applications shall show the date of registration and signature of elector, and such files shall be known as registration books. The files described herein may be recorded on microfilm or computer software for convenience and efficiency in storage.

Section 23-15-114, Miss. Code Ann. (Supp. 1995) states:

(1) The adoption of an automated voter registration system shall be approved by the board of supervisors and the registrar of each county. The board of supervisors and the registrar may elect to use equipment owned by a local political subdivision, or contract with outside commercial data processing agencies, or purchase appropriate equipment, subject to the requirement of this subsection. Such system shall be operational in each county not later than September 1, 1992.

(2) Each application for registration shall be the legal document of voter registration and shall be retained in the office of the county registrar. Such application may be placed on microfilm or computer optical imaging equipment.

It is the opinion of this office that as long as any microfilm, computer software or computer optical imaging of voter registration records contain all the basic registration information, as well as the date of registration and the signature of the elector as required by Section 23-15-113, the hard copies of such records may be destroyed. Before destroying any records, you must obtain the consent of the Director of the Mississippi Department of Archives and History. See 25-59-21, Miss. Code Ann.

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.