Mississippi Advisory Opinions January 27, 2012: No. 2012-00023 (January 27, 2012)

No. 2012-00023.

Dear Mr. Reynolds:

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

You state that because of the death of an incumbent supervisor who was re-elected in the November, 2011 General Election, a special election must be held to fill the vacancy. You further state that subsequent to the 2011 candidate qualifying deadline, new supervisory lines were approved on July 11, 2011 which was not in time for use in last year's election. You then ask:

Should the special election to fill the vacancy in Supervisory District V be held under the old lines established on November 7th, 2002, in which the election of last year in Supervisory District V was conducted; or, should said special election be conducted under the new lines for Supervisory District V, which were established on July 11, 2011?

The special election must be conducted within the boundary lines of Supervisor District Five last approved by the U.S. Department of Justice, which, under the facts you present are the new lines effectuated on July 11, 2011. See MS AG Op., Dillon (August 1, 2003).

Only the qualified electors who reside within the new boundaries of Supervisor District Five are eligible to vote in the special election.

Sincerely,

JIM HOOD, ATTORNEY GENERAL

By:

Phil Carter

Special Assistant Attorney General