Mississippi Advisory Opinions June 13, 2003: AGO 000015663 (June 13, 2003)
Collection: Mississippi Attorney General Opinions
Docket: AGO 000015663
Date: June 13, 2003
Advisory Opinion Text
AGO 000015663.
DOCK 20030613
AUTH Phil Carter
DATE 20030613
RQNM Trey Evans
SUBJ Elections
SBCD 72
TEXT The Honorable Trey Evans
Circuit Clerk of Leflore County
Post Office Box 1953
Greenwood, Mississippi 38935-1953
Dear Mr. Evans:
On June 6, 2003 this office issued an official opinion to you regarding the above referenced matter. The specific question was whether the qualified electors of Leflore County who reside in the municipal separate school district are entitled to vote in the election of the county superintendent of education. We discussed cases involving Madison and Montgomery counties respectively and said that the rulings in those cases were not applicable to Leflore County. We also stated that we did not find Leflore County to be among the counties described in Mississippi Code Annotated Section 37-5-71 (Revised 2001) in which the qualified electors residing in a municipal separate school district of those counties are specifically prohibited from voting on the county superintendent of education.
However, Section 37-5-71(2) provides in part:
All qualified electors residing within any municipal separate or special municipal separate school district shall not vote in the election for the county superintendent of education:
...
(r) In any county where U.S. Highway 49E and U.S. Highway 82 intersect, and having a population of thirty-seven thousand three hundred forty-one (37,341) according to the 1990 federal decennial census.
In any such county, however, the county superintendent of education may be a resident of a municipal separate school district or special municipal separate school district.
Section 37-5-71(2)(r) does in fact describe Leflore County. Therefore, our conclusion in the June 6th opinion that the qualified electors of Leflore County who reside within the municipal separate school district are statutorily entitled to vote in the election of the county superintendent of education is incorrect. The above quoted statute specifically prohibits qualified electors of Leflore County who reside within the municipal separate school district from voting in the election for the county superintendent of education.
Our opinion addressed to you and dated June 6, 2003 is hereby withdrawn.
Sincerely,
MIKE MOORE, ATTORNEY GENERAL
By:
Phil Carter
Special Assistant Attorney General