Mississippi Advisory Opinions March 04, 1982: 19820304 (March 04, 1982)

Advisory Opinion Text

Honorable Mary Anne Lindsey

Circuit Clerk

Bolivar County

Post Office Box 670

Cleveland, Mississippi 38732

RE: Elections - Registration

Dear Mrs. Lindsey:

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

Your letter states as follows:

“Statute 23-5-27 states that clerks of circuit court to prepare and maintain list of convicts, which includes the conviction of burglary .

“Statute 23-5-35 states that persons convicted of certain crimes not to be registered, which includes the conviction of burglary .

“Statute 23-5-17 gives the form for registration and under paragraph #5 it does not list the crime of burglary.

“There seems to be a discrepancy in the statutes. The first two Statutes included burglary as a conviction, but the registration form does not. If a person convicted of burglary comes in and registers and answers 'no' to the question of conviction because the word burglary is not included, how does a registrar know not to allow him to register.

“Unless this person should have another conviction, it is likely that the Election Commission will not catch this unless someone reports it from another source.

“Is there any reason our application forms cannot be reproduced to include the word 'burglary' in the list of convictions to conform with the first two statutes.”

Mississippi Code Annotated § 23-5-35 (1972) provides as follows:

“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 shall be erased from the registration book on which it may be found by the registrar or by the election commissioners. Whenever any person shall be convicted in the circuit court of his county of any of said crimes, the registrar shall thereupon erase his name from the registration book; and whenever any person shall be convicted of any of said crimes in any other court of any county, the presiding judge thereof, or the justice of the peace, shall, on demand, certify the fact in writing to the registrar, who shall thereupon erase the name of such person from the registration book and file said certificate as a record of his office.”

Mississippi Code Annotated § 23-5-37 (1972) provides in part as follows:

“The circuit clerk of each county is authorized and directed to prepare and keep in his office a full and complete list in alphabetical order of persons convicted of either or any of the crimes mentioned in section 241, of the Constitution of Mississippi, to wit: Murder, rape, bribery, burglary, theft, arson, obtaining money or goods under false pretenses, perjury, forgery, embezzlement, or bigamy. Said clerk shall enter the names of all persons who have been or shall be hereafter convicted of the above-named crimes in the circuit court of his county; . . . . The board of supervisors of each county shall as early as practicable furnish the circuit clerk of their county with a suitable book for the enrollment of said names showing the names, court, crime and date of conviction. Said roll, when so prepared, shall be compared with the registration book before each election commissioner of the county. A certified copy of any enrollment by one clerk to another will be sufficient authority for the enrollment of such name, or names in another county.”

Section 23-5-37 requires the circuit clerk to prepare and keep an alphabetical listing of persons convicted of certain crimes including burglary. It further authorizes the clerk to add names from certified copies of enrollments from other counties to his / her list.

We know of no other statutory safeguards to prevent the registration of one who has been convicted of burglary.

Section 23-5-35 provides that names of persons who have been convicted of certain crimes including burglary shall be removed from the voters registration book. Section 23-5-17 sets forth the form of the application for registration as an elector. It provides in part as follows:

“(1) Applications for registration as electors of this state shall be made upon a form in the following words and figures : “5. Have you ever been convicted of the crime of murder, rape, bribery, theft, arson, obtaining money or goods under false pretense, perjury, forgery, embezzlement or bigamy?......” (Emphasis added)

While burglary is a disqualifying crime, it is the opinion of this office that a reproduction of this statutory form which adds the word “burglary” to the list of disqualifying crimes may not be used.

If this office can be of benefit in the future, please do not hesitate to contact us

Very truly yours,

Bill Allain Attorney General