Mississippi Advisory Opinions September 15, 1993: AGO 000006985 (September 15, 1993)

AGO 000006985.

Dear Mr. Zebert:

Attorney General Mike Moore has received your request for an official opinion from this office and has assigned it to me for research and reply. I will repeat each of the questions you asked, followed by a response.

Question 1: Does Section 23-15-153 of Mississippi Code Annotated of 1972 as Amended, also apply to Municipal Voting Rolls in that the same procedures may be employed to purge the Municipal Voting Rolls?

Response: The procedures for purging voter rolls as described in Mississippi Code Section 23-15-153, apply to Municipal Voting Rolls also.

Question 2: Are there any applicable separate guidelines specifically for Municipal Voting Rolls?

Response: There are no separate guidelines established specifically for Municipal Voting Rolls. Please see our prior opinion to Alderman Arthur Balch dated July 14, 1993. A copy of that opinion is attached for your convenience. In summary, that opinion holds that the voter rolls used in municipal elections must accurately reflect only the names of persons eligible to vote in said elections.

Question 3: May the Municipality rely on information supplied by the Circuit Clerk of the County that was obtained for the purpose of purging the County Voting Rolls?

Response: Please see our prior opinions to Alderman Arthur Balch, dated July 14, 1993 and Honorable Bobby Richardson, dated November 1, 1989. Copies of these opinions are attached for reference. In summary, these opinions hold that the municipal election commission may choose to work from the existing municipal rolls or adopt the applicable portion of the county rolls as the official municipal rolls. Whichever roll is selected, proper purging is required by Mississippi Code Section 23-15-153 (Revised 1990).

Question 4: Should the Municipality, or is there a requirement to, obtain the approval of the United States Department of Justice before any changes are made to the Voting Rolls?

Response: This office knows of no United States Department of Justice requirement that must be made regarding purging of municipal voter rolls. The proper guidelines to follow are found in Mississippi Code Section 23-15-153 (1990 Revised). We note that counties are required to make submissions of any plan to purge for non-voting pursuant to Miss. Code Ann. Section 23-15- 159 (Revised 1990).

If I may be of further assistance, please do not hesitate to contact me.

Sincerely yours,

MIKE MOORE, ATTORNEY GENERAL

BY: Phil Carter Assistant Attorney General

PC:cw Enclosures