Mississippi Advisory Opinions February 24, 1986: 19860224 (February 24, 1986)

Advisory Opinion Text

Honorable Jerry W. Wallace

Attorney

Madison County Board of Election Commissioners

Post Office Box 284

Canton, Mississippi 39046

Dear Mr. Wallace:

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

“May an individual who has been convicted of the crime of burglary in the state courts of Mississippi register and vote in state elections in the State of Mississippi?”

You correctly point out that § 23-5-37 of the Mississippi Code Annotated (1972) includes burglary. You correctly point out that Article XII, Section 241 does not include burglary.

However, Section 244-A says:

The legislature shall have the power to prescribe and enforce by appropriate legislation qualifications to be required of persons to vote and to register to vote in addition to those set forth in this Constitution.

Consequently, the Office of the Attorney General holds the opinion that an individual convicted of burglary by a Mississippi Court shall not be registered to vote and shall not vote in state elections. See attached opinion dated October 31, 1985, to Ms. Eloyce Richardson.

Yours very truly,

Edwin Lloyd Pittman, Attorney General