Mississippi Advisory Opinions February 08, 1983: 19830208 (February 08, 1983)

Advisory Opinion Text

Honorable Philip H. Warren

Rankin County Circuit Clerk

Post Office Box 32

Brandon, Mississippi 39042

Elections - Registration

Dear Mr. Warren:

Attorney General Allain has received your letter of request and has assigned it to me for research and reply.

Your letter states:

“Is burglary a disqualifying crime to be an elector?

“Section 241 of the Mississippi Constitution does not set out burglary as a disqualifying crime for voter registration. Neither is burglary listed as a disqualifying crime under Item 8 of the Supplement of Section 23-5-303 of the Miss. Code of 1972 . Also, please note when applicant's oath is administered it reads 'that I am not disqualified from voting by reason of having been convicted of any crime named in the Constitution of this state (as listed in question 8 of the application) as a disqualification to be an elector.' In other words, it refers back to the Constitution of this state.”

In response to your inquiry, please see the enclosed copy of an opinion addressed to Honorable Mary Anne Lindsey, dated March 4, 1982.

In summary, that opinion states that burglary is a disqualifying crime even though it is not included in the list of crimes in Section 241, Mississippi Constitution of 1890, or the statutory form for the registration of electors.

Very truly yours,

Bill Allain, Attorney General.