Mississippi Advisory Opinions August 31, 1983: 19830831 (August 31, 1983)

Advisory Opinion Text

Honorable Maurine H. Bain

Circuit Clerk

Post Office Box 262

Ashland, Mississippi 38603

Re: Elections - Qualifications to Vote

Dear Mrs. Bain:

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

Your letter states:

“I am writing you concerning the civil rights of a person to vote. Is there a statute that covers voting even if a person has not registered in that county? It is my understanding that some of the people in Benton County have been told they can vote even though they are not registered. I do not want to deny anyone their right to vote but I do want to know what is the proper procedure to follow on someone whose name does not appear on the registration or poll books.”

In response to your inquiry, Mississippi Code Annotated § 3114 (1942) states:

“The county poll books shall be used in primary elections, and no person whose name does not appear upon the poll books shall be permitted to vote in a primary election; but if any person offering to vote in any primary election whose name does not appear upon the poll book shall make affidavit before one of the managers of election, in writing, that he is entitled to vote, or that he has been illegally denied registration, his vote may be prepared by him and handed to the proper election officer, who shall enclose the same in an envelope with the written affidavit of the voter and seal it and mark plainly upon it the name of the person offering to vote. And, in canvassing the returns of the election, the executive committee shall examine the records and allow the ballot to be counted, or not, as shall appear to be legal.”

In response to your inquiry, unless it has been illegally denied, registration is a prerequisite to voting. See Graham v. Waller , (D.C. Miss) 343 F.Supp. 1.

While the above statute specifically applies to primary elections, the Mississippi Supreme Court in Lopez v. Holleman , 219 Miss. 822, 836, 69 So.2d 903 (1954), held that primary election statutes which are indicative of a general policy of the state on a cognate subject matter are also applicable to special and general elections when statutes governing such elections are silent on the matter.

Therefore, the provisions of Section 3114, supra , are applicable to primary, special and general elections in Mississippi.

Very truly yours,

Bill Allain, Attorney General.