Mississippi Advisory Opinions March 28, 1983: AGO 000003627 (March 28, 1983)

Mississippi Attorney General Opinions

1983.

AGO 000003627.

1983-396

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Dear Mr. Horton:

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

"Your opinion on the following would be appreciated.

"Can a person register to vote after the deadline for the first Primary or first election in a Special Election but before 30 days before the second Primary or runoff in a Special and be qualified to vote in said second primary or runoff in a Special Election?

"It is my understanding that a prior Opinion states that the Second Primary is a continua- tion of the First Primary and if so, does this apply to a runoff in a Special Election, and the voter has to be registered 30 days before said Election."

A letter addressed to you from Honorable W. D. Coleman, Deputy Attorney General, dated March 24, 1983, cited a former opinion of this office addressed to Honorable Vincent J. Sherry, dated April 26, 1978, written by Honorable 5. E. Birdsong, Jr., which states that the second primary is a continuation of the same election as the first primary.

As indicated by the March 24, 1983, letter, eligibility to vote in the primary elections must be determined based upon the date of the first primary.

Therefore, one who is not properly registered thirty (30) days prior to the first primary would not be eligible to vote in the second primary.

The same would apply to a special election and the subsequent "runoff" if required.

Very truly yours,

BILL ALLAIN, ATTORNEY GENERAL

BY

Phillip C. Carter Special Assistant Attorney General

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