The Aberdeen weekly. [volume] (Aberdeen, Miss.) 1878-1933, 1903-04-03
Attorney Gederal's Opinion OH
Primary Election Law.

Jackson, Miss, March 27.-At-
torney General Williams having
received a request for an official
opinion concerning the necessary
qualifications for electors partici-
pating in primary elections, has re-
piled to the supervisors of Tunica
county as follows.
Section 2il of the constitution
of 1890 provides that one must be
duly registered, as is provided in
article Il of said constitution, to
be qualified elector.
Section 25l of the constitution
provides that electors shall not be
registered within four months next
before any election at which they
may offer to vote
Section |, chapter Go, 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 cleo
ton is held, except as herein pro-
vided'
Section 9 Of the said chapter
provides that no persons shall be
eligible to participate in primary
elections unless they are qualified
electors
The Supreme Court of this
State in Mclnnis' case, so Miss.
GIT. held chapter 66 of the Laws OF
1902 to be constitutional and viz
tually held the primary election
therein provided for TO be an cleo
ton within the contemplation OF
the constitution.
In Ferguson's case, III Miss
52l, the Supreme Court said, One
cannot vote within four months OF
his registration, and his right "a
vote will be determined when be
offers to vote
''In Bew's case, I'll Miss, page /
the Supreme Court held that four
months must elapse between ones
registration and his right to vote
and that one would not be eligible
TO vote at an election held within
four months of his registration
This is the rule established foI
elections contemplated by the con
stitution.'
''ln constituting section 1910 OF
the code, which reads in part as
follows: Upon application of one
third of the qualified electors OF
any county, by petition in writing
signed by them, the board of su.
pervisors shall order an election, &c
be held within forty days after tbe
presentation of the petition. TO de.
termine whether or not the liquors
shall be sold within the limits Of
the county my predecessor il
office held that no one who had
not been registered four months
prior to the date of taking up the
petition for consideration ano
Judgment by the board of super.
visors should be considered as q
qualified 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 G6, law:
1902, the dignity of AN election
within the purview of the consti
tuition and laws of this State. ano
it has this character for all intent:
and purposes. Ones eligibility to
vote at this primary will be deter,
mined just as if he were offering te
vote at a general election held or
the same date.
Therefore, taking into consider
alton the constitution, the statute:
on the subject. and the rule an
nounced in the authorities above
cited, am of the opinion tina
one must have been registered -four
months prior to the holding of the
primary election, provided for il
said chapter of the laws Of 1902 te
be qualified to vote at the said cleo