Mississippi Advisory Opinions March 28, 1995: AGO 000009771 (March 28, 1995)

AGO 000009771.

Dear Ms. Ward:

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

"As chairman of the Calhoun County Election Commission I would like to request an opinion on purging names from the voter registration records when an individual files and receives homestead exemption in an adjoining county and votes in Calhoun County. This individual owns approximately 2 acres of land in Calhoun County, pays taxes on it and buys a tag in Calhoun County. They also own land, pay taxes and buy tags in the adjoining county and files and receives homestead exemption there where they reside.

After a meeting of the election commission, this individual was personally contacted. They stated they had never lived in Calhoun County, but they had registered here years ago when they lived in Byhalia, and they were told by someone that as long as they did not vote anywhere else they could vote in Calhoun County. They were very insistent about not being removed. Therefore, the commission feels it needs direction in following the laws that govern purging of voters that are non residents. Is homestead exemption the factor for determining one's actual residence for voting purposes? Is this individual's signature necessary for removal from the voter rolls when homestead exemption receipts have been obtained for record purposes on this deletion? Would this registration be considered a false registration because they registered as a resident of Calhoun County and a resident of that particular voting precinct?

We strive to do our responsibility where our job is concerned, but before we go forward from here, we need direction from the Attorney General's office in interpretation of purging because of homestead exemption."

The Mississippi Supreme Court in Gadd v. Thompson, 517 So.2d 576, 579 (Miss. 1987) said:

"We hold as a matter of law that the filing of a homestead exemption conclusively establishes domicile for electoral purposes in the county of filing, regardless of circumstances indicating that certain ties to other counties still exist."

Based on the above, it is the opinion of this office that if, as a matter of fact, an individual has filed for homestead exemption in a particular county, he may not lawfully be a qualified elector (registered voter) in another county.

Therefore, in response to your first question, the filing for homestead exemption conclusively determines residency for voting purposes. Once a county election commission determines, consistent with the facts, that an individual whose name appears on the voter registration records has filed for homestead exemption in another county, said commission would be obligated to remove that name from said records for state and local elections. The signature of the individual confirming information bearing on his residence or any other qualification to vote is not required as a prerequisite to removing a voter's name from the registration records.

Insofar as registration for federal elections is concerned, the National Voter Registration Act of 1993, commonly known as the "Motor Voter Law," which became effective in Mississippi on January 1, 1995, has a specific procedure that must be followed prior to the disqualification of a voter from voting in federal elections based on residence. Information on such procedure has previously been provided to your commission and circuit clerk.

In response to your question concerning a false registration, Mississippi Code Annotated, Section 97-13-25 (Revised 1994) provides:

"Any person who shall knowingly procure his registration as a qualified elector, when he is not entitled to be registered as such, or under a false name, or as a qualified elector in any other election district than that in which he resides, shall, on conviction, be imprisoned in the penitentiary for a term not to exceed ten years."

Sincerely,

MIKE MOORE ATTORNEY GENERAL

By:

Phil Carter Assistant Attorney General