Mississippi Advisory Opinions August 23, 1996: AGO 96-0595 (August 23, 1996)

Advisory Opinion Text

Hon. Mary H. Allsup

Election Commissioner, District II

Noxubee County

Route 3, Box 860

Macon, Mississippi 39341-9533

Re: Purging

Dear Ms. Allsup:

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

Based on information presented by the Attorney General's Office and the Secretary of State's Office at the Election Commissioners' Association Convention last January and the workshop in Starkville on August 7, I understand that names of voters may be purged under state law as allowed prior to NVRA but that these names be placed on a separate list and allowed to vote a Federal ballot. Another commissioner does not agree. His position is that no removal can occur after August 7 this year. Please advise.

The National Voter Registration Act, and its removal provisions, including the August 7 cutoff date, apply only to federal elections. Pursuant to Section 23-15-153, Miss. Code Ann ., names may be purged from the voter rolls for purposes of state and local elections without regard to the federal deadline. However, voters whose names are purged pursuant to state law after the August 7 deadline will be allowed to vote for federal offices only. It has been recommended that one date be followed for the cutoff of purging voter rolls to avoid confusion.

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.