Mississippi Advisory Opinions January 19, 1989: AGO 000008574 (January 19, 1989)

AGO 000008574.

Dear Mr. Belk:

Attorney General Mike Moore has received your letter requesting an opinion from this office and has assigned it to me for research and reply.

Your letter states as follows:

"Many years prior to recent registration statutes, the Town of Sunflower has used a form which performed the multiple duties of registration form and poll book. A copy of a blank and a completed form is enclosed, The Town now only uses these forms as its poll book.

For many years the Town has not utilized the designation of color or race upon the forms; however, that designation does appear on many of the old forms. Objection has been made to the color or race designation by some parties.

May the Town or the Election Commission delete color or race designation on the old forms?"

Section 23-15-125, Miss. Code Ann. (Supp. 1988), establishes the format to be utilized in setting up poll books. Under Section 23-15-125, supra, poll books are to have printed or written at the top of each page words to designate the voting precinct for which it is to be used. They are to be ruled in appropriate columns, with printed or written headings as follows: Date of registration; name of electors; date of birth; and are to have a number of blank columns for the dates of elections.

There is no statutory requirement that an individual's race be designated on the poll books. Therefore, it is the opinion of this office that the Election Commission may delete the race designation from the old forms. However, we would point out that this change in the form of the poll books may be subject to federal preclearance under Section 5 of the Voting Rights Act of 1965, as amended and extended.

Sincerely,

Mike Moore, Attorney General

By: Giles W Bryant Special Assistant Attorney General

/jw