Mississippi Advisory Opinions October 11, 1995: AGO 000010828 (October 11, 1995)

AGO 000010828.

Dear Mrs. Rush:

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

"I am writing on behalf of the City of Belzoni to get an opinion concerning the registration of voters.

The Mayor and Board of Aldermen understand that the City Clerk and Deputy Clerk are the only individuals authorized to register and assign wards for the individual who has registered to vote.

The Mayor is the Computer Operator for the City of Belzoni and has been entering the information in the computer. Since he is an elected official the question is if he is authorized to register these voters.

An opinion is needed as soon as possible because a special election will be held on Tuesday, October 3, 1995 due to the death of an Alderman."

Article 3, Chapter 15, Title 23, Mississippi Code Annotated (Revised 1990) is the statutory law governing voter registration. Subarticle B is entitled "Procedures for Registration".

In Subarticle B Section 23-15-31 provides in part:

"All of the provisions of this subarticle shall be applicable, insofar as possible, to municipal, primary, general and special elections; and wherever therein any duty is imposed or any power or authority is conferred upon the county registrar, county election commissioners or county executive committee with reference to a state and county election, such duty shall likewise be imposed and such power and authority shall likewise be conferred upon the municipal registrar, municipal election commission or municipal executive committee with reference to any municipal election. ...."

Section 23-15-35 provides in part:

"(1) The clerk of the municipality shall be the registrar of voters thereof, and shall take the oath of office prescribed by Section 268 of the Constitution. The governing authorities shall provide suitable municipal registration books, which shall conform as nearly as practicable to the county registration books. The registrar shall, as nearly as may be practicable, and where not otherwise provided, comply with all the provisions of law regarding state and county elections in keeping and maintaining such registration books and in registering voters thereon. ...."

Section 23-15-33 provides:

"Every person entitled to be registered as an elector in compliance with the laws of this state and who has signed his name on the application for registration to vote shall be registered by the registrar on the registration books of the voting precinct of the residence of such person."

In response to your question and based on the above quoted statutory provisions, we are of the opinion that the municipal registrar or a duly appointed deputy municipal registrar are the only persons authorized to register voters. However, after a voter has been lawfully registered and the voter's ward has been determined by the municipal registrar or deputy municipal registrar, the information regarding that registration may be entered on the computer by a capable person other than the municipal registrar or deputy municipal registrar under the direction of the municipal registrar. We do not address the propriety of an elected official entering such information.

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

By: Phil Carter Special Assistant Attorney General PC:sm