Mississippi Advisory Opinions September 04, 1975: 1975-0013 (September 04, 1975)

Advisory Opinion Text

Mrs. Mary M. Sisson

Secretary

Lowndes County Election Commission

Lowndes County

Columbus, Mississippi 39701

Dear Mrs. Sisson:

Attorney General Summer has received your letter of request dated September 2, 1975, and has assigned it to me for research and reply.

You submit the following, to-wit:

‘A person who has been convicted of Armed Robbery has applied to register to vote in Lowndes County. The Registrar has tentatively denied his application.

‘The Election Commission, during its automatic review of rejected applications, questions whether an Armed Robbery conviction disqualifies an applicant, since this crime is not specifically listed in Section 8 of the Application for Registration.

‘We would appreciate a ruling from your office on this question as quickly as possible, since the deadline for voter registration before the November General Election is October 3, 1975.’

Armed Robbery is not one of the disqualifying offenses listed in Section 241, Mississippi Constitution 1890, or Section 23–5–35, Mississippi Code 1972, and would not therefore constitute a disqualifying offense.

With kindest regards, I am

Very truly yours,

A. F. Summer, Attorney General

P. L. Douglas, First Assistant Attorney General

ATTACHMENTS

June 26, 1975

Mrs. Martha B. Hubbard

Circuit Clerk—Calhoun County

Pittsboro, Mississippi 38951

Dear Mrs. Hubbard:

Attorney General Summer has received your letter of request dated June 19, 1975, and has assigned it to me for research and reply.

You submit the following, to-wit:

‘I would like a written opinion as to whether or not a person who has been convicted or plead guilty to a crime, but fine and cost has been paid and his probation been terminated, is eligible to register to vote.

‘Also I would like a written opinion as to whether or not a person going on vacation the week of the Election is qualified to vote an absentee ballot.’

If the plea of guilty or conviction was for a disqualifying crime, as set out in Section 241, Mississippi Constitution, and Section 23–5–35, Mississippi Code 1972, such person would not be eligible to register to vote. We enclose copies of prior opinions to Honorable Burris O. Smith and Honorable Emmett P. Allen on similar questions which you may find to be of benefit.

We do not find statutory provision for a person going on vacation to vote absentee ballot.

With kindest regards, I am

Very truly yours,

A. F. Summer, Attorney General

P. L. Douglas, First Assistant Attorney General

June 10, 1975

Honorable Burris O. Smith

Attorney for the Board of Supervisors

Winston County

P. O. Drawer 31

Louisville, Mississippi 39339

Dear Mr. Smith:

Attorney General Summer has received your letter of request dated May 7, 1975, and has assigned it to me for research and reply.

You submit the following, to-wit:

‘If an individual pleads guilty to a misdemeanor or a felony in any state court and gets a suspended sentence does he have the right to vote and hold public office?’

We enclose herewith a copy of an opinion to Honorable Emmette P. Allen dated May 7, 1975, wherein this office stated, ‘There would not be a distinction between a plea of guilty or a conviction.’

Whether or not a sentence is suspended would not be material.

The disqualifying crimes are set out in Section 241, Mississippi Constitution 1890, and Section 23–5–35, Mississippi Code 1972, and are, of course, limited to the enumerated crimes.

With best personal regards, I am

Very truly yours,

A. F. Summer, Attorney General

P. L. Douglas, Assistant Attorney General

May 7, 1975

Honorable Emmette P. Allen

Attorney

P. O. Box 828

Brookhaven, Mississippi 39601

Dear Mr. Allen:

Attorney General Summer has received your letter of request dated April 25, 1975, and has assigned it to me for research and reply.

You submit the following, to-wit:

‘Mr. Earl Burns, Circuit Clerk, has requested that I write you relative to the above man for ruling as to whether or not he can qualify to vote and to run for public office.

‘Mr. Delaughter plead guilty to burglary and larceny in the Circuit Court of Lincoln County, Mississippi in January 1965 and was given a suspended sentence. On the 25th day of February 1965 this suspension was revoked.’

Section 241, Mississippi Constitution 1890, provides, in part, ‘Every inhabitant of this state, . . . who has never been convicted of murder, rape, bribery, theft, arson, obtaining money or goods under false pretense, perjury, forgery, embezzlement or bigamy, . . .’.

We enclose herewith a copy of an opinion to Honorable Walter Brown, relative to the word ‘theft’.

Also, Section 23–5–35, Mississippi Code 1972, provides, in part, ‘A person who has been convicted of murder, rape, bribery, burglary , theft, arson, obtaining money or goods under false pretenses, perjury, forgery, embezzlement, or bigamy, shall not be registered, or, if registered, the name of such person be erased from the registration book . . .’. (Emphasis added)

There would not be a distinction between a plea of guilty or a conviction. Section 250, Mississippi Constitution 1890, provides in part, ‘All gualified electors and no others shall be eligible to office, . . .’. We believe that the foregoing provides the answer to your question. If we can be of further service, please call on us.

Yours very truly,

A. F. Summer, Attorney General

P. L. Douglas Assistant Attorney General