Alabama Advisory Opinions May 08, 1998: AGO 1998-137 (May 8, 1998)

AGO 1998-137.

Dear Senator Butler:

This opinion of the Attorney General is issued in response to your request.

The Madison City School System was recently formed. They broke off from a part of the Madison County School System. They will take over the school system in July 1998. The Superintendent of Education of the Madison County School System is elected. The primary is in June. The Madison County Superintendent is running for election. Will the people that reside in the City of Madison be allowed to vote on the Superintendent of the Madison County School System? This question has arisen since the Madison City School System has broken out from the Madison County School System. It is imperative that we have an immediate response to this question so that candidates, including the current Superintendent, will know whether the residents of the City of Madison can vote in the Democratic and Republican primaries for the Superintendent of the Madison County School System.

FACTS AND ANALYSIS

You have furnished with your inquiry a copy of Act No. 91-696. That Act, in pertinent part, states:

At the time of expiration of the current contract held by the Madison County Superintendent of Education or at the time of any vacancy in the office of county superintendent of education prior to said contract expiration date, the superintendent of education for Madison County shall be elected by those electors of Madison County who reside in those areas of Madison County that are outside the boundaries of any other school system.

In an order in Bennett v. Madison County Board of Education (CV63-PT-613-NE), dated May 4, 1998, Judge Robert B. Propst approved the formation of the City of Madison Board of Education as a city school system under Alabama law. The Department of Justice determined that the creation of the Madison City School District in Limestone and Madison Counties, Alabama, would not be violative of section 5 of the Voting Rights Act. Having received the approval of the federal district court and the Justice Department, the Madison City School System is now recognized as a system.

CONCLUSION

Under the express provisions of Act No. 91-696, only those voters who reside in those areas of Madison County that are outside the boundaries of any other school system are eligible to vote in the election for Superintendent of the Madison County School system. 1991 Ala. Acts No. 91-696, § 1, 1359.

I hope this opinion answers your question. If this Office can be of further assistance, please contact Carol Jean Smith of my staff.

Sincerely,

BILL PRYOR

Attorney General

By: JAMES R. SOLOMON, JR.

Chief, Opinions Division

BP/CJS/jho

B5.98