Mississippi Advisory Opinions April 15, 1987: AGO 000007848 (April 15, 1987)

AGO 000007848.

Dear Mr. Mozingo:

Attorney General Edwin Lloyd Pittman has received your letter of request and has assigned it to me for research and reply. In your letter you state:

"I would like an Attorney General's Opinion concerning whether a person living in one district in the county can legitimately vote in another district in the county. If this is not legitimate, what are the penalties and what procedure should be taken to correct this?"

Pursuant to Miss. Code Ann. 23-15-11 (Supp. 1986; Special pamphlet) in order to be a qualified elector a person must have been a resident for thirty (30) days in the supervisor's district in which he offers to vote. There are statutory provisions which apply when a person moves from one voting precinct to another within the same supervisor's district.

According to 23-15-13, an elector who moves from one voting precinct to another within the same supervisor's district shall not be disqualified to vote, but shall have his registration transferred to his new voting precinct upon written request therefor at any time up to thirty (30) days prior to the election at which he offers to vote.

If the removal occurs within thirty (30) days of such election he shall be entitled to vote in his new voting precinct by affidavit ballot as provided by 23-15-573.

While there is no specific statutory authority, a person who moves from one supervisor's district to another within the same county is entitled to have his registration administratively transferred to the supervisor's district of his new residence.

If this is not done before the day of election, he shall be entitled to vote by affidavit ballot in the precinct of his new residence. He would not be eligible to vote in the old supervisor's district and would be subject to challenge if he attempted to do so.

There is no statutory guidance as to how such an administrative change is required to take place. A qualified elector may request such a transfer and upon proper verification the registrar may make such a change. obviously where the change has not been made prior to the election and the elector votes by affidavit ballot, the affidavit ballot then would furnish the basis for the administrative change in registration.

Hopefully the above is responsive to your request. Should you have any questions or if we may be of further assistance please do not hesitate to contact this office.

Sincerely,

EDWIN LLOYD PITTMAN, ATTORNEY GENERAL

BY

John H. Emfinger Special Assistant Attorney General

JHM:mfd