Mississippi Advisory Opinions November 02, 2011: No. 2011-00474 (November 02, 2011)

No. 2011-00474.

Dear Mr. Dulaney:

Attorney General Jim Hood has received your request and assigned it to me for research and reply.

Your letter states that an area of Supervisor District 4 in Tunica County, known as the Tunica Cutoff Community, experienced a natural disaster this spring in the form of flood waters from the Mississippi River damaging or destroying virtually every structure in that area. The flood displaced several hundred persons, many of whom are permanent residents of Tunica County.

Some of the residents have returned after their homes have been repaired or replaced. However, various situations exist ranging from individuals whose homes were destroyed that have now been repaired with the residents now living there, to individuals who leased their homes that were destroyed who have moved to other communities.

You ask whether residents of the Tunica County Cutoff area who were and are being impacted by the spring 2011 flood and are no longer residing at the Cutoff at this time because of the disaster are qualified electors and entitled to vote in the November 8, 2011 general election.

The voter residency of the affected voters will depend on the particular situation of each voter, as discussed below.

In MS AG Op., Boggs (December 16, 2005), this office was asked to opine on a similar situation concerning Hancock County voters living in Long Beach who were displaced following Hurricane Katrina. In that opinion we stated:

While it is the responsibility of the municipal election commission to make factual determinations on questions of residency on a case by case basis, the Mississippi Supreme Court has set forth certain guidelines that should be considered in making each such determination. You will see those guidelines in the attached opinion addressed to Ms. Essie Conaway et al., dated September 20, 1989. You will note that the second guideline states that "domicile, once established, continues until removal to another locality with intent to remain there and abandonment of the old domicile without intent to return."

The situation you describe is analogous to those voters displaced by Hurricane Katrina. Accordingly, those voters from the Tunica Cutoff Community whose homes have been destroyed or damaged from this spring's flooding, and who are thus temporarily residing outside of the Tunica Cutoff Community area but who intend to return, are entitled to remain registered there and to vote there.

Please let me know if you would like to discuss this matter or if I can be of further assistance.

Sincerely,

JIM HOOD, ATTORNEY GENERAL

By:

Reese Partridge

Assistant Attorney General