Mississippi Advisory Opinions August 17, 1981: AGO 000004272 (August 17, 1981)

AGO 000004272.

Dear Ms. Donald:

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

You write as City Attorney for Morton and state:

"The Chairman of the City of Morton Municipal Election Commission has requested that I contact your office and request your advice as to the proper proce- dure for having a re-registration of voters in the City of Morton."

The process of municipal re-registration is initiated by the municipal governing authorities. They receive information advice and assistance from the municipal election commissioners. Reference is made to two sections of the Mississippi Code of 1972, Annotated, as indicated:

"Section 23-5-49. New registration when books lost or destroyed.

Should the registration books of any county be lost or destroyed, the board of supervisors may adjudge the fact, and direct a new registration of the voters to be made; and the registrar, being so directed, shall make a new registration, as herein provided, of the qualified electors of his county on new books to be provided by the board."

"Section 23-5-51. New registration in case of confusion.

If at any time the registration books of the county be or become in such confusion that a new registration is necessary to determine correctly the names of the qualified electors and the election district of each, the board shall order a new registration of voters to be made in like manner as in case of the loss or destruction of the books."

The procedures stated in these sections are applicable to municipalities, with the municipal governing authorities performing the functions described for the Board of Supervisors.

The governing authorities may proceed by resolutions, duly recorded upon the official minutes, and given the requisite conditions, adjudge either that the registration books have been lost or destroyed, or that the registration books have become in such confusion that a new registration is necessary to determine correctly the names of the qualified electors, and thereafter order that for the reason or reasons given a new registration of municipal voters is ordered.

The order for new registration should specify the date on which the new registration shall be effective and the date should allow a reasonable time for new registration of all persons eligible to register.

A new municipal registration of voters constitutes a change in voting requirements, practices, or procedures of a State or political subdivision which requires federal approval under Section 5 of the Voting Rights Act of 1965 (42 U.S.C. 1973c). See Perkins v. Matthews, 400 U.S. 379, 27 L.Ed.2d 476, 91 S.Ct. 431 (1971).

Therefore, a certified true copy of the resolution should be submitted to:

Honorable Gerald W. Jones Chief, Voting Section Civil Rights Division United States Department of Justice 10th & Constitution Avenue, N.W. Washington, D. C. 20530.

Enclosed for your assistance is a copy of Pages 870-879, Volume 46, No. 2, of the Federal Register, January 5, 1981, which state, inter alia, procedures for submissions under the Voting Rights Act.

With kind regards, I am

Very truly yours,

BILL ALLAIN, ATTORNEY GENERAL

BY:

S. E. Birdsong, Jr. Assistant Attorney General

SEB,Jr./mg Enclosures ***BRS DOCUMENT BOUNDARY***