Mississippi Advisory Opinions November 20, 1984: 19841120 (November 20, 1984)

Advisory Opinion Text

Elections - Absentee Ballots

Honorable John L. Barrett

Election Commissioner

Post Office Box 231

Macon, Mississippi 39341

Dear Mr. Barrett:

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

Your letter states:

“I would like to have your opinion concerning the following question:

“Ike Brown, a resident of Noxubee County, was convicted of a felony in March 1984 and was sentenced to 10 years (5 years suspended and 5 years probation). He has a Notary Public Commission. Will this commission be valid to notarize applications for absentee ballots?”

Section 250, Mississippi Constitution of 1890 provides:

“All qualified electors and no others shall be eligible to office, except as otherwise provided in this Constitution; provided, however, that as to an office where no other qualification than that of being a qualified elector is provided by this Constitution, the legislature may, by law, fix additional qualifications for such office.”

A conviction of certain crimes disqualifies one as an elector. Those crimes are murder, rape, bribery, burglary, theft, arson, obtaining money or goods under false pretense, perjury, forgery, embezzlement and bigamy. Mississippi Code Annotated § 23-5-35 (1972) .

Therefore, in response to your specific question, upon conviction of any of the above listed crimes a Notary Public's Commission would no longer be valid.

Also, in addition to the above, Mississippi Code Annotated § 25-5-1 (Supp. 1984) provides in part:

“If any public officer, state, district, county or municipal, shall be convicted in any court of this state or any other state or in any federal court of any felony other than manslaughter or any violation of the United States Internal Revenue Code, of corruption in office or peculation therein, or of gambling or dealing in futures with money coming to his hands by virtue of his office, any court of this state, in addition to such other punishment as may be prescribed, shall adjudge the defendant removed from office; and the office of the defendant shall thereby become vacant.”

Very truly yours,

Edwin Lloyd Pittman, Attorney General