A registered voter in Class II, and IV counties whose name is changed must reregister in order to vote. Such person may reregister at any time. County Clerk shall not cancel or reinstate any registration within five days prior to election except by order of Circuit Court.

V<Jl'ERS: REGISTRATION OF VOTERS: A registered voter in Class II, III and IV counties whose name is changed must reregister in order to vote . Such person may reregister at any time. County Clerk shall not cancel or reinstate any registration within five days prior to election except by order of Circuit Court. Opinion No. 10 (62) No. 282 (61) Mansur April 11, 1962 I Honorable Harold L. Volkmer Prosecuting Attorney r~rlon County Hannlbal, Mlseourl Dear Mr. Volkmer1 IVJ In your letter of August 4, l J6l, you requested an opinion from this office in the following language: "1. Mu li a person, who is registered to vote under Chapter 116, R.S. Mo. , and who thereafter because of marriage or other reasons lawfully changes his or her surname, re-register under his or ner new surname in order to be entitled to vote at any subsequent election in whicn the registration books are used. "2 . May a peraon who is registered under Chapter 116, R. J . Mo., and there- after lawfully changes his or her surname during the closed period for registration, under Section 116 .030, R.S.Mo., vote at tho election for which the books were closed, using h.l.a or her former surname or new surname. ''3. By what process and at what time may the official in charge of the registration books remove regiatrat1on cards from the registration books. 11 Chapter llb. RSMo 1~5~, governs the registration of voters in cities or 10,000 or more population in class two, three and tour counties, and the answer to the questions you submit will be governed by thia chapter. -2- Honorable Harold L. Volkmer Section 116.010, RSMo 1~59 , provides there shall be a registration of qualified voters under the provisions of Chapter llo in every city containing at least 10,000 inhabitants located in a county not having county-wide registration. It further provides: "Arter eo registering, a qualified voter shall not be requ1rec1 to register again unless obliged t o do ao by the terma of this chapter. The registration of any voter may be changed, canceled or transferred only ae provided in this chapter." Section 116.020, RSMo 1959, provides: "Ever, citizen o£ tho United States who is over the ago or twent~ -one years, who baa resided in thl.e state one year next preceding the election at which he will be en~1tled to vote, and during the last sixty da~a of the time shall have resided in the city, and during the last ten days of that time in the precinct of the ward at which he will be entitled to vote, who haa not been convicted or a felony or of a misde- meanor connected with the exercise or the right of suffrage, who is not an idlot or an insane person and who is not kept in any poorhouse or confined in any public prison shall be entitled to register and vote ln the election precinct where his name ie registered, and whereof he is rii!'itered ae a resident." (Emphasis supplied.) Section 116 .030, RSMo 1959, provides in part: 11A.ny qualified elector who registers ae herein provided shall be entitled to vote 1n the election precinct wnere hls or her name 1a registered and in which he or ihe is registered as a resident. • • • " (Emphasis supplied.) ~1d ~ction 116.030 also providea for the county clerk to supervise the registration of voters and further provide&: - 3- Honorable Harold L. Volkmer "No person shaJ.l be entitled to register within a period of twenty- eight days prior to any election in which the registration reco~s provided for 1n this chapter aro used. The county clerk shall not cancel or reinstate any registration within five days prior to any such election, except at the direction or order or the circuit court. * • * 11 Section 116. 070, RSMo 1959, provides 1n part1 11An7 perSOn WhO, arter registration, lawfully changes hia or her surname, shall be entitled to reregister under the changed name, and the county clerk shall cancel the previous registration. Any regist- ered voter who changes his address within the city may, at any time prior to t he close or registration for any elect!on, trnnnfer h1a registration by sending to the county clerk n signed application for transfer or by appearing in person at ~he office or the county clerk and making application for t r ansfer. * • * 11 Section 116.070 further provides c "Any duly reg1atered voter who has complied with the provisions of this ch~pter and who shell change hi& address within the city during t he cloaed per1od for registration may for the purpose or the election imme61atel y following such cl osed period vote 1n the precinct 1n wh.1ch he is properly rcg1st~red , even though be may have moved from that address during the cl osed period, if 1n all otber respect s he is n properly c.tualified voter of auch city. " Article VIIIJ Section 2, Constitution or Missouri, 1945, provides in part: "All citizens of t he United States, including occupant s of ooldiora ' and sailors ' homes, over t ho ngo of twenty- one who have rea1ded in this otate one year, and in t he county, ctty or town sixty days next preceding tho election at which they offer to vote, are entitled to vote at all elections by the people. • • *" -4- Honorable Harold L. Volkmer Article VIII, Section 5, Constitution of Missouri, 1945, provides: "Regist~ation of voters may be provided for by law. " The general rules governing the construction of registra- tion laws is stated in 29 C.J.S., Elections, Sec. 37, Page 60, as follows: 11The primary purpose or registration laws i s to prevent the perpetration of fraud at elections by providing 1n advance t here- of an authentic list of the qualified electors; and every part of a registration act must be ao construed as to effectuate this purpose, and to give electors the fullest opportunity to vote that is con- sistent with reasonable precautions against fraud . Likewise, all provisions of such laws should, if possible, be construed so u to avoid conflict. u In 29 C.J.S., Elections, Sec. 13, page 33, it is stated: "In some jurisdictions the constitution makes provision for the registration of voters, and legislation must be consist- ent with the constitutional regulations. * • • • • • "Registration laws, as such, usually are not regarded as adding a new qualification to those prescribed by the constitution, or as abridging the constitutional right of suffrage, but rather as reasonable and convenient regulations of the mode of exercising the right of suffrage, although, as is observed 1n subdivision b(2) of this section, a registration law is void which attempts to prescribe qualifications addi- tional to those fixed by the constitution. • * . .. In State ex rel Meyer vs. Woodbury, Supreme Court, 10 s. w. 2d 524, the court held that a statute requiring a voter to be registered before being eligible to vote was not a conflict with the constitutional provision defining voters' qualifications, and that such statute did not impose an unreasonable requirement upon the voter. -5- Honorable Harold L. Volkmer In State ex rel llay vs . Flynn, St. Louin Court of Appeals, 147 S. w. 2d 210, the voter appeared before the election board less than fifteen days before the election and wanted to register. There was no contention that the voter was not a qualified elector in all respects if she had presented her- self for registration in due time. The court held that she wae not entitled to register to vote for the particular election. The court stated, 1 . c. 211: "Relator' s position is that the provisions or Section 15 supra, which require that registration shall be cl osed fifteen days preceding a general election, and forty days prior to a municipal election, are mandatory, while respondent contends the pr-ov1e1ons are merely directory. There is no absolute test oy which the question here presented may be resolved, but in passing upon the matter, the prime object is to ascertain the legislative intent from a consideration of the statute as a whole, bearing in mind its o~ject and the consequences that would result from con- struing it one way or the other. State ex rel. Ellis v. ~wn , 326 MO. 627, 33 B. w. 2d 104. The primary purpose of registration laws is to prevent fraudu- lent abuse of the franchise, by providing in advance of elections an authentic liet of the qualified voters. " In 65 C.J .S.,. Names, Soc. 3, page 4. it is stated: "At marriage the wife takes the husband's surname which becomes her legal name. Her maiden surname ia absolutely lost, and she ceases to be known thereby. u These general principles must be applied in construing the statutory provisions involved herein, and all the statutory provisions must be harmonized, if possible. In considering the first question submitted, Section 116.070, supra, provides that any person who lawfully changes h1s or her surname after registration shall be entitled to register under the changed name . This statute is not mandatory but merely states that such person shall be entitled to re- register. -6- Honorable Harold L. Volkmer Section 116.030, supra, provides that any qualified elector who registers as provided herein shall be entitled to vote in the precinct where his or her name is registered. Wo believe that a person must be registered in his or her lawtul name before being entitled to vote. As heretofore stated, the primary purpose or the registration of voters is to prevent the attempt of fraudulent use or the voting franchise by determining in advance those persons qualified to vote. The identification of voters is by name. Section 116.130, RSMo 1959, requires the voter to identify himself and sign his name before receiving a ballot. It further provides the Judges or the election shall perm1 t no person to ~ote unless properl7 identified as a resident of the precinct and registered ae such. ~d section further provides: 11Whereupon the name of the person being found in the registration records or-the precinct in which he offers to vote, the vote of such person shall be received and counted aa other votes." (Emphasis supplied) Under Section 116.050, RSMo 1959, dealing with the duties or the county clerk in administering this law, the county clerk is authorized to use any practical method, such as the checking or mailing lists or other available records, which may assist him 1n checking, veri!'ying, and keeping up to date the records of registration. This procedure would be ine.ffecti ve if the elector was not required to be regis- tered under his correct name. Since a woman when she marries loses her maiden name and acquires the a~e of her husband as her lawfUl name, such person would aot be registered under her lawful name if she did not reregister atter her marriage. It is our opinion that a woman who is registered as a voter in her maiden name and thereafter marrles has to reregister under her married name before she is entitled to vote at subsequent elections where registration is required. In your second question you want to know whether a person who changes his or her name during the closed period for registration is entitled to vote using his or her former surname or new surname. There are a number of court decisions in this state construing voter registration laws. They all deal with failure to register or to transfer regietration in com- pliance with the statutes. They all involve situations where the voter coul d comply with the registration laws -7- Honorable Harold L. Volkmer but mer-ely tailed to do so . Such dec1siona are or vecy little value in determining the question submitted herein. Article V2II, Section 2~ ot the Constitution determines the qualifications of voters. Although Article VIII, Secti on 5, provides that laws may be enacted providing for registration of voters. euoh laws cannot conflict with the other consti- tutional prov1a1on regarding the qualifications of voters. Under the facta submitted herein, Where the voter' s name ia changed during the closed period tor registration, there 1s no statutory provi•1on providing ror a re~~ed7 tor such change or condi tiona. Such peraon cannot be charged with neglect or failure to act to change or correct h1a regiatration in order tor the person to c011pl7 w1 th the reg1atration lan. Certainly there 1e a considerable ditterence ln a a1tuat1on Wbare tbe voter ba• a re.edy under the atatute and ta11a to co~l7 With 1t and a situa- tion where the voter baa no statutory reaedy. The voter registration lava auat be harllonized it poaa1ble and cannot be in contl ict with conatitutional proviaiona regarding the qualification ot voters (29 o.J.s., Blectiona, page 60, aupra). A voter cannot be denied the right to vote becauae be 1s not correctly registered tlben there 1a no statutory pro- cedure tor b1a to be oorr-otl.7 reg1etered. To de117 h111 the right to vote under sucb· ~ond1t1ona would be 1n violation ot hie conatitutlonal right to vote. L1ke.USe, we do not be11eve the Legialature intended tor the registration laws to de117 aueb person the r1Sht to vote. Section 116. 070, aupra. prov1dee that anr ~raon Who atter reg1atrat1on lawtu117 chanCel hi.a or her s~ shall be ent1 tled to rerepeter under tha cbanget1 name. Tbia give• the person thi abaol~te right to be ~gister­ ed under the changed name and to have the previous registra- tion canceled by the county clerk. The statute ~ ueing the word "rereg1ater" we believe d1st1ngu1shee the I"$g1atration rroaa an initial registration. Section 116. 030. eupra. pro- vides that no person ahall be entitled to reg1ater within twenty-e1aht dqa prior to $11 election 1n which the regis- tration re.oords are to be ueed. We believe th1a appl ies only to a voter who baa not been previously registered and doea not proh1b1 t a registered voter troa rereg1•t•r1ns under the changed naae. It ie our opinion that a register- ed voter who change• bia or her surname haa the rigbt to reregister under hie or her changed name at a~ t11Y. -8- Honorable Harold L. Volklller In 70ur tturd question ;you inqui.re by what proceaa and at what time IRQ' tbe person 1n charge of registration books remove regist ration cards. Sec~1on 116.030, RSJio 1959, provide• 1n part that the count7 clerk shall not cancel or reinstate any registration wit~ five daNS prior to ~ auch election except at the direction or order or the circuit court. Section 116.110, RSIIo 1959. prov1dee 1n part that: "Cancellation ot reg1atrat1on ahall be made by the county clerk whenever 1 t 1s brought to his attention that a registered voter be dead, d1atranch1aed or re110ved from the cj, ty, i.n which case the county clerk shall staap tbe word 'canceled' across the race ot all three signatures or the registered voter, and he shall note thereunder the NaaOn for cancella- tionJ * • •". Said .. ct1on turtber prov1dea that before any voter's name 1a cancel ed tor any reason other than a change of name or transfer or rea1dence the county clerk ahall aend a notice or cancell.ation to the lut known ac:ldreaa or such voter and al.o not1f7 the chairman of tbe two ll&jor political parties and a notation there~r ah&ll be aade on the aaater registra- tion. Section 116.090., RSMo 19591 provi.dea tor the registra- tion lists to be checked each tour ;years by t he cotmty clerk and the l'l8.1Dea of the persons t'ound to be 1mproperl7 reg1ate:red or d1aqua11t1od shall be publ1ahed 1n a newspaper, and it tbe voter doea not appear at tbe oftice or the county olerk wittnn thirty c~Qe or sueh publication his ruuae ehall be stricken from the liat. Under Section 116. 010, RSMO 1959, the regiatration or ~ voter aaJ be changed, canceled or transferred only aa provided by statute . Under- these statutory provi.a1.ona cancellation of a voter'• registration oannot be aade within five days prior to an election unless by a c1rcu1 t court order and cancella- tion auat be aade as provided in Section 116. 110 by stamping the wor<i ncanceled" acroaa the face or all three e1gna.tUl'8s of tbe voter after he ia properly notified. -9- Honorable Harold L. Vol.kmer CONCLUSION It 18 our op~on that: 1. A voter duly reg1atered as a voter in a city of ten thousand or more in a county of claaa two, three or tour, and who ·thereafter change a hie or her n._ must reregister in order to vote at subsequent elections where voter registration is required. 2. A voter duly registered as a voter who changes hie or her aurname during the closed period i'or registration muat reregister before he or she is entitled to vote and auch peraon ~aay rereg1Bter at 8n7 time. 3. The county clerk shall not cancel or reinstate any regiatrat1on within five daJB prior to an election -.oept by order or a circuit court. Cancellation or reg1atration ia to be IIB.de by writing or ataaap1ng the w-ord "canceled" over the a1gnaturee ot the voter on each or the three Signature Carda • The foregoing opi.nion, which I hereb7 approve, waa prepared b7 liT aaaiatant, Mood7 Manaur. Youra ve17 trul7, MilS P. namrow Attorne7 General