Mississippi Advisory Opinions November 22, 1985: AGO 000009078 (November 22, 1985)
Collection: Mississippi Attorney General Opinions
Docket: AGO 000009078
Date: Nov. 22, 1985
Advisory Opinion Text
AGO 000009078.
DOCK 1985-744
AUTH Samuel W. Keyes, Jr.
DATE 19851122
RQNM Mr. O. F. Parker, Chairman
SUBJ ELECTION QUALIFICATIONS TO VOTE
SBCD 72
TEXT
Mr. O. F. Parker, Chairman
Oktibbeha County Election Commission
%Circuit Clerk
Oktibbeha County Courthouse
Starkville, Mississippi 39759
Dear Mr. Parker:
Attorney General Pittman has received your November 12, 1985 letter and has assigned it to me for research and reply.
Your letter states the following lines of inquiry:
"Please give us in writing your OpiniOn on Code 23-5-35: Person convicted of certain crimes not to be registered. We have reference to which court/courts are applicable. Are people convicted of felonies the only ones not allowed to vote? How are convictions secured from other courts within the county as well as convictions outside the county?" Article 12, 241 Mississippi Constitution of 1890, as amended, and Miss. Code Ann. 23-5-35 (1972) set forth the specific crimes for which a conviction will render a person ineligible to vote. These restrictions to voter eligibility do not hinge on whether or not an individual is a convicted felon, but on whether or not the individual has been convicted of any of the specifically named crimes regardless of that crime's classification as a felony, misdemeanor or otherwise.
Conversely, a conviction for any crime not specifically named in the foregoing citations will not disenfranchise one who is otherwise a qualified elector.
As to which courts are applicable, this office is of the opinion that the foregoing constitutional and legislative provisions apply to persons convicted of any of the specified crimes by any Mississippi court. As such, convictions in other jurisdictions are not determinative. In support of this opinion you will find attached herewith copies of opinions from this office dated October 23, 1985, April 10, 1984, February 26, 1981, July 15, 1974, and June 26, 1974.
As for your last question, I refer you to Miss. Code Ann. 23-5-35 and 23-5-37 (1972) which will give you general guidance on how the applicable conviction information is acquired and maintained.
If this office can be of further assistance, please do not hesitate to call on us.
Sincerely yours,
EDWIN LLOYD PITTMAN, ATTORNEY GENERAL
BY: Samuel W. Keyes, Special Assistant Attorney General
SWK/lcm Enclosures