Mississippi Advisory Opinions July 06, 1990: AGO 000010600 (July 6, 1990)

AGO 000010600.

Dear Commissioners:

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

"I am writing to you for an official opinion on whether a count of registered voters should be made during the required meeting dates for the statutory requirements for Election Commissioners to purge and revise registration books. 23-15-153 (1972)

There is an opinion that a count is made only once a year. However, we believe a count should be made after each purge and revision of books.

The question is, should there be a count once a year or a count made after each purge and revision?" Mississippi Code Annotated 23-15-153 (1) (Supp. 1989) provides:

"At the following times the commissioners of election shall meet at the office of the registrar and carefully revise the registration books and the pollbooks of the several voting precincts, and shall erase therefrom the names of all persons erroneously thereon, or who have died, removed or become disqualified as electors from any cause; and shall register the names of all persons who have duly applied to be registered and have been illegally denied registration: ...."

Election commissions purge the registration books and pollbooks and are authorized to be compensated for such work. We find no authorization for commissioners to be paid for making a count of registered voters. When such a count is necessary, it is the opinion of this office that the registrar, as custodian of the registration books and pollbooks, would be the appropriate official to perform such duty.

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

BY: Phil Carter Special Assistant Attorney General

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