Mississippi Advisory Opinions December 01, 1982: 19821201 (December 01, 1982)

Advisory Opinion Text

Mrs. Jean Cappleman

City Clerk

Ripley Mississippi 38663

Dear Mrs. Cappleman:

Attorney General Bill Allain has received your request for opinion and has referred it to the undersigned for research and reply.

You request an opinion as to whether it is legally authorized to enter the names of municipal electors upon the municipal registration books based upon such electors' registration application forms filled out in the circuit clerk's office in the county for registration in the county without such electors having signed the municipal registration book.

With reference to municipal elections, § 21-11-1, Mississippi Code of 1972, Annotated, contains the following:

“Every person who is a qualified elector of the county and who has resided within the corporate limits for one year next before he offers to vote, shall be entitled to register and vote at all municipal elections. . . . Moreover, no person shall be allowed to vote in any municipal election unless he shall be registered in the municipality at least four months prior to the general or special election in which he offers to vote. A person registered four months prior to the general election shall be eligible to vote in the primary elections . . . ” (Emphasis added)

The durational residency requirement above quoted was reduced by the Federal Court in the Case of Graham v. Waller , (1972) 343 F.Supp. 1, as follows:

“Every citizen of the United States (excep idiots and insane persons) eighteen years old and upward who has resided in this state for thirty days, and in the county thirty days, and in the election precinct, or municipality for thirty days, and who is duly registered as provided by valid laws of this state, and who has never been convicted of murder, rape, bribery, theft, arson, obtaining money or goods under false pretense, perjury, forgery, embezzlement or bigamy shall be a qualified elector.” (Emphasis added)

§ 21-11-3, Ibid, includes the following provision:

“The governing authorities shall provide suitable municipal registration books, which shall conform as nearly as practicable to the county registration books, with suitable modifications in the oath to be taken and in the form of such books. The registrar shall, as nearly as may be practicable, and where not otherwise provided, comply with all the provisions of law regarding state and county elections in keeping and maintaining such registration books and in registering voters thereon.” (Emphasis added)

The Federal Court, in the Case of Ferguson v. Williams , (1972) 343 F.Supp. 654, reduced the durational registration requirement to thirty days on or before the date of any election.

It is clear from the above and foregoing quoted statutory provisions that in order to be a qualified elector and permitted to vote in municipal elections, a person, otherwise qualified, must apply for registration and be registered upon the municipal registration books, as shall conform as nearly as practicable to registering in the county and with the county registration books “with suitable modifications in the oath to be taken and in the form of such books.”

The form of the registration books for the county is set forth in § 23-5-25, Ibid. § 23-5-31, Ibid, provides:

“Every person entitled to be registered as an elector in compliance with the laws of this state shall sign his name in the column provided therefor on the registration book and thereupon shall be registered by the registrar on the registration books of election district of the residence of such person.” (Emphasis added)

Therefore, it is the opinion of this office that a person, otherwise qualified, in order to be a qualified elector of the municipality, must “ . . . sign his name in the column provided therefor on the registration book . . . ” and that such person's name may not be legally and validly entered on said book based upon his or her application filled out for the county circuit clerk's office. An illiterate person must be permitted to sign by mark.

You also ask for a copy of the suggested municipal registration application form. I enclose herewith a copy of § 23-5-17, Ibid, which sets forth the form for registration as an elector of this state which may be suitably modified in the oath to conform as nearly as practicable to comply with the provisions of law regarding state and county elections and to adapt the same to the elections in and for the City of Ripley, Mississippi, and in conformance with § 21-11-3, Supra.

You will note that the durational residency requirements stated in the oath have been reduced, as set forth above, to thirty days in the state, thirty days in the county and thirty days in the municipality. The “ensuing election” referred to in the oath would be any election scheduled to take place not less than thirty days from the date of the affidavit.

Assuring you of my sincere desire to be of assistance to you in the discharge of your important duties as City Clerk, I am

Very truly yours,

Bill Allain Attorney General.