Mississippi Advisory Opinions August 12, 1983: AGO 000008794 (August 12, 1983)

Mississippi Attorney General Opinions

1983.

AGO 000008794.

1983-909

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Dear Mr. Wiggins:

Attorney General Allain has received your letter of request dated August 9, 1983, and has assigned it to me for research and reply.

You submit the following, to-wit:

"You may recall our conversation regarding our reregistration of voters in Lowndes County wherein we started a reregistration thinking the time for objection was up but we received notice the Justice Department needed more information, a suit for injunc- tion was filled by the local NAACP and after agreeing to use the old books together with the new books at the primary and general election in 1983 the suit was dismissed and on July 22, 1983 we received notice that the U. 5. Attorney General did not inter- pose objection at this time a copy of which is attached. You will note the statement is based on our submission of May 20th where- in we agreed to use the old books together with the new books.

"Please advise if a person who is registered on the old books of supervisor District 3 in Rural Hill Precinct was taken in Supervi- sor District 1 in the redistricting and re- registered in Steens 8 precinct of supervi- sor district I may legally vote at Rural Hill precinct of District 3 on the old books if he does not vote in Steens 8 precinct of district I where he reregistered.

"Also, please advise if the person will be violating any criminal law if he votes under the old registration and does not vote under the new registration since both set of books are having to be used.

"Your consideration of this at your earliest convenience will be appreciated as we need to make an announcement on this before the second primary."

Section 241, Mississippi Constitution 1890, as amended 1972, provides:

"Every inhabitant of this state, except idiots and insane persons, who is a citizen of. the United States of America, eighteen (18) years old and upward, who has been a resident of this state for one (1) year, and for one (1) year in the county in which he offers to vote, and for six (6) months in the election precinct or in the incorporated city or town in which he offers to vote, and who is duly registered as provided in this article, and who has never been convicted of murder, rape, bribery, theft, arson, obtain- ing money or goods under false pretense, perjury, forgery, embezzlement or bigamy, is declared to be a qualified elector, except that he shall be qualified to vote for President and Vice President of the United States if he meets the requirements established by Congress therefor and is otherwise a qualified elector."

In the case of Graham v. Waller, 343 F.Supp. 1, the Court stated:

"Every citizen of the United States (except 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 muni- cipality 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, obtain- ing money or goods under false pretense, per- jury, forgery, embezzlement or bigamy shall be a qualified elector."

The residency requirements of one (1) year, and six (6) months, respectively, provided by Section 241 of the Missis- sippi Constitution have been reduced to thirty (30) days by the Federal Court. (Graham v. Waller, supra)

Section 241 of the Mississippi Constitution, and the court decision, Graham v. Waller, each provides, as one of the conditions for being a qualified elector, that a citizen of the United States be duly registered; a second require- ment is residency.

By the specific terms of the court decision residency is fixed, thirty (30) days in this state, thirty (30) days in the county, and thirty (30) days in the election precinct, or thirty (30) days in the municipality.

Thirty days residence in the election precinct, in which the person offers to vote, is required. However, if the pre- cinct boundaries be lawfully changed, so that a person is, as a result of such lawful change of the precinct boundaries, and without a change in the actual place of residence of the person, removed from one precinct to another, then such person shall, for purposes of being a qualified elector, be deemed to have been a resident of the precinct to which such person is re- moved for not less than thirty (30) days, when such change is solely the result of a lawful change of the precinct bound- aries, and not a change in the actual place of residence of the person.

Thirty (30) days residence within the precinct is a condition to being a qualified elector and voting. We enclose copies of Section 23-5-11, 23-5-43 and 97-13-35, Mississippi Code of 1972, and amendments thereto, which relate to your second question.

Very truly yours,

BILL ALLAIN, ATTORNEY GENERAL

BY P. L. Douglas First Assistant Attorney General

PLD:mfd Enclosures