Greene County herald. (Leakesville, Miss.) 1898-current, 1912-04-05
WHO MAY VOTE IN MISSISSIPPI
ATTORNEY GENERAL REPLIES TO
MAYOR OF WEST POINT.
Points Out Constitutional Qualifications
and Duties Imposed Upon Voters
by the State Statutes.

JdchsOit,-1ne ne mayor o. west RUM
has asked the attorney general for an
opinion as to the qualifications of an
elector in order to vote IN the primary
election to be held in that city.
Assistant Attorney General Frank
Johnston, in giving an opinion, goes
deeply into the matter, stating that the
question involves the entire question
of the elective franchise. A synopsis
of the opinion is as follows:
"This question involves the entire
question of the elective franchise, and
as a qualified elector in a municipal
election must, in the first place, be
duly qualified elector in state or county
election, the inquiry begins at the point
as to the qualifications of electors In
such general elections.
"As all primary questions, in respect
to the qualifications of electors partici-
pating in municipal elections, are gov
erned primarily by the constitutional
qualifications of electors in general elec-
tions, we must look first to the constitu-
tional provisions on this subject, and
then to the general statute law prescrib-
ing superadded qualifications for electors
in municipal elections.
"The qualifications prescribed by the
constitution, in respect to voters in the
general elections, are as follows:
Every male inhabitant of the state,
twenty-one years of age and upwards,
except idiots, insane persons, and In
dians not taxed, who is citizen of the
United States, and who has resided in
the state two years, and one year in
the election district or the municipality
in which he offers to vote, and who is
duly registered, and who has paid, on or
before the first day of February of the
year in which he shall offer to vote,
all taxes which have been legally re-
quired of him, and which he has had an
opportunity of paying according to law,
for the two preceding years, is declared
to be qualified voter. Ministers of the
gospel in charge of an organized church
are required to reside only six months
in the election district, if otherwise qua
flied.
NO person, under this section Of the
constitution, is qualified elector, who
has been convicted of bribery, burglary,
theft, arson, obtaining money or goods
under false pretenses, perjury, forgery,
embezzlement or bigamy.
Section 243 of the constitution pre-
scribes, as a condition of the suffrage,
the payment, by all persons, between the
ages of twenty-one and sixty years, OF
pcll tax of two dollars; eXempting
from this tax, however, persons who are
deaf and dumb, and blind, or who are
manned by the loss of hand or foot.
"The poll tax for the two preceding
years must be paid on or before the
first day of February of the year in
which the elector shall offer to vote.
"He mus. be able to read any section
of the constitution of the state; or he
shall be able to understand the same
when read to him, or give a reasonable
Interpretation thereof.
"Finally, electors must be registered
within four months next before any
election at which they may offer to vote
No person, who in respect to age and
residence, would become entitled to vote
within the said four months, shall be ex-
cluded from registration on account of
his want of qualification at the time of
the registration.
s.The eleetor must have paid all taxes
which have been legally required of him.
If tax claimed against an elector has
not been legally assessed, there is no
liability, and therefore, non-payment
does not involve dereliction or delin-
quency. There can be no disfranchise-
ment without legal delinquency.
"While the constitution requires poll
tax of 50 or $3, in the discretion of the
board of supervisors, this poll tax re-
quires an assessment on the regular list,
and without the assessment of the poll
| tax, there can be no delinquency. An
elector who has not paid an unassessed
poll tax is not thereby disqualified"