The Columbus weekly dispatch. (Columbus, Miss.) 1902-1905, 1903-04-02
The ACKNOWLEDGEMENT Opinion.

The following IS the full text
Of Attorney General Williams
remarkable opinion relative to
registration four months before
the August primary as a pre-
requisite TO participation by
voters in that important event:
JACKSON, MISS,
March q, 1908.
To Tunica County: [ have
your inquiry as follows:
Under Section 9, of the Pri-
mary Election Law of 1902, is a
person who has not been regis
tered four months before the
primary election qualified TO vote
in the primary in August next?'
Answer: Section 241, of the
Constitution of 1890, provides
that one must be duly register
ed, as is provided in Article u.
of said Constitution, to be a
qualified elector.
Section 251, of the Constitu-
ton, provides that Electors shall
not be registered within four
months next before any election
at which they-may offer to vote.
Section /, Chapter 65. Laws
of 1902 (the Primary Election
Law, provides that All primary
elections shall be governed and
regulated by the Election Law of
the State in force at the time the
primary election is held except
as herein provided.
Section 9, of said chapter,
provides, That no persons shall
be eligible to participate in pri-
mary elections unless they are
qualified electors.
The Supreme Court of this
State in McInnis case, 80 Miss.
Gil, held Chapter 66. of the Laws
of 1902, to be constitutional and
virtually held the primary cleo
ton therein provided for to be an
election within the contempla-
ton of the Constitution
In Ferguson's case, II Miss,
524, the Supreme Court said.
One cannot vote within four
months of his registration. and
his right to vote will be deter
mined when he offers to vote.
In How's case II Miss, Page
1, the Supreme Court held that
four months must elapse be-
tween ones regulation and his
right to vote, and that one would
not be eligible to vote at an cleo
ton held within four months of
his registration. This is the rule
established for elections contem-
plated by the Constitution.
In constituting Section 1910
of the Code, which reads, in part,
as follows: Upon application of
third of the qualified electors
of any county, by petition in
writing, signed by them. the
Board of Supervisors shall or
der an election, to be held within
forty days after the presenta-
ton of the petition, to determine
whether. or not the liquors shall
be sold within the limits of the
county, my predecessor in Office
held that no one who had not been
registered four months prior to
the date of taking up the petition
for consideration and Judgment
by the Board of Supervisors
should be considered as a quail
fed electOr in the sense used in
the said section.
1t was the manifest purpose
of the Legislature to give the
primary provided for in Chapter
Sc, Laws of 1902, the dignity of
an election within the purview
of the Constitution and laws of
this State, and it has this char
acter for all intents and purposes.
Ones eligibility to vote at this
primary will be determined just
as if he were offering to vote at a
general election held on the same
date.
Therefore, taking into CON
sideration the Constitution, the
statutes on the subject and the
rule announced in the authori-
ties above cited, I am of the
opinion that one must have been
four months prior to
the holding of the primary cleo
ton, provided for in said chapter
of the Laws Of 1902, to be quail
fed to vote at the said election.
Very respectfully,
WILLIAM WILLIAMS,
Attorney General.