Mississippi Advisory Opinions September 06, 1983: 19830906 (September 06, 1983)

Advisory Opinion Text

Mrs. Christine Adams

Carroll County Election Commission

Route 1

Box 73

Greenwood, Mississippi 38930

Re: Elections - Commissioners

Dear Mrs. Adams:

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

Your letter states:

“Being an Election Commissioner of Carroll County, District Three, and doing my duties to the best of my ability, according to law as so published in 'Election Handbook' furnished to me by your office, I have met opposition from Ralph Self, Chancery Clerk of said county.

“At our regular meeting in March of 1982, having all five commissioners present, also Charles Ellis, Circuit Clerk, our finding all poll books were in such a deplorable condition, it was voted unanimously that each commissioner retype their poll books listing voters alphabetically. After my having done this, I have since discovered my voters listing has been removed from poll books, and been replaced by a voters listing typed by Ralph Self's office, containing voters that have moved from the county years ago, and also duplication of voters.

“My question to you is: Do the election commissioners have control of registration and poll books as so quoted in the 'Election Handbook', or does Ralph Self, Chancery Clerk, have the authority to act in the capacity in which he so did?”

Since your request concerns actions already taken, we are unable to respond with an official opinion. Any such opinion could neither validate nor invalidate such actions. The question can be finally resolved only by a court of competent jurisdiction.

However, for your information, we are enclosing a copy Chapter 423, Laws of 1983, as approved by the U.S. Justice Department on June 7, 1983, which governs the revision of voter registration books and pollbooks.

Very truly yours,

Bill Allain, Attorney General.