Mississippi Advisory Opinions August 10, 1994: AGO 94-0512 (August 10, 1994)

Advisory Opinion Text

Tippah County Election Commission

C/O Honorable R.M. Hutchinson

2230 CR 706

Blue Mountain, Mississippi 38610

RE: REVISION OF VOTER REGISTRATION RECORDS

Dear Mr. Hutchinson:

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

“One of our duties as election commissioners is to see that qualified electors in the county vote in their precinct of residence. In carrying out this responsibility we have found it necessary to move a number of people from their former precinct to their correct precinct of residence.

Recently it came to our attention that the circuit clerk, at the request of a member of the board of supervisors has moved some of these people back to their old precincts where they no longer reside. This was done without the knowledge or consent of the election commissioners. He has also removed or caused to be removed decedents and some who upon investigation we found not to be deceased. It is our understanding that the circuit clerk does not have the authority to do this. We thought that only the election commissioners could do this.

We need an opinion from your office regarding the above matter. What authority does the circuit clerk have to move or delete electors without approval of the election commissioners? What steps can be taken to resolve the matter?”

We preface this opinion by stating that it is to be viewed as prospective in nature only. Any actions already taken by a public official can neither be validated nor invalidated by an opinion of this office. Only a court of competent jurisdiction can make a definitive ruling on the legality of what has already happened.

Specific statutory authority for the county registrar to remove the names of electors from the registration records without the approval or consent of the county election commission pertaining to persons who have been convicted of disqualifying crimes is found in Mississippi Code Annotated § 23-15-19 (Revised 1990).

In regard to the removal of names of electors who have died, Section 23-15-153 specifically imposes that duty on the county election commission. As to the transfer of electors who have moved from one precinct in the county to another precinct in the county, please see the enclosed copy of an opinion addressed to Robert W. Elliott, Esquire, dated May 25, 1994 wherein we advised your county board of supervisors that, in our opinion, the election commission has the authority and responsibility to administratively place the names of such voters in the precinct of the county where they have now established residency.

The county registrar is required to assist the election commission in performing its duties. See § 23-15-225 (3). A cooperative, good faith effort by the commission and the registrar should resolve any existing conflict or problems encountered in the revision of the voter registration records and insure that such revisions are done in accordance with the law.

Sincerely,

Mike Moore Attorney General

Phil Carter Assistant Attorney General.