Mississippi Advisory Opinions June 01, 1988: 19880601 (June 01, 1988)
Collection: Mississippi Attorney General Opinions
Docket: 19880601
Date: June 1, 1988
Advisory Opinion Text
Honorable Eldon L. Bolton, M.D.
Harrison County Election Commission
Post Office Drawer CC
Gulfport, Mississippi 39501
Dear Dr. Bolton:
Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. A copy of your letter is attached hereto and incorporated herein by reference. Specifically you ask whether it is required that electors produce a Social Security number or driver's license before the voter is given a ballot.
We are not aware of any statutory provision which would require an elector to produce any form of identification prior to voting. Pursuant to Miss. Code Ann. § 23-15-571 (Supp. 1987) any person may be challenged on the ground that he is not the registered voter under whose name he has applied to vote. In addition, Miss. Code Ann. § 97-13-35 (1972) makes it a crime for one who is not legally qualified to cast a ballot in an election. Although a person may be challenged or may be guilty of a crime for casting a ballot he is not qualified to cast, it is the opinion of this office that it would be improper to require a person to produce a Social Security number or a driver's license prior to voting. However, if a voter is challenged, the production of such information may assist the managers in ruling on the challenge.
Hopefully you will find this responsive to your request. Should you have any questions or if we may be of further assistance, please do not hesitate to contact this office.
Sincerely,
Mike Moore, Attorney General.
John H. Emfinger, Special Assistant Attorney General.