Mississippi Advisory Opinions October 17, 2012: No. 2012-00492 (October 17, 2012)

No. 2012-00492.

Dear Mr. Keith:

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

You state that the Holmes County School District (the District) submitted its redistricting plan on May 8, 2012 to the U.S. Department of Justice (the DOJ) and received a letter of preclearance on June 26, 2012. However, the approved plan was not delivered to the Circuit Clerk until after the deadline for candidates to file petitions to run for positions on the school board. You further state that the old lines were used by individuals who qualified to run for positions on the school board. You ask if the upcoming election should go forward using the prior district lines and if not, should the District attempt to have the election under the new redistricting plan. You further ask if the answer to the first two questions is no, what should the District do to insure that it has a full slate of board members elected and in office by January 1, 2013.

The most recent changes to a statute become effective upon approval by the U.S. Department of Justice (DOJ). MS AG Op., Dillon (August 1, 2003); MS AG Op., Reynolds (January 27, 2012). Therefore, the upcoming election should be conducted under the recently approved redistricting plan.

We understand the difficulty on the part of the Circuit Clerk and Election Commission in preparing for the election on such a short time frame as a result of the apparent delay in the delivery of newly approved plan to the Circuit Clerk. We have previously opined that, in order to make adequate preparation, it is necessary that dOj preclearance be received in sufficient time prior to election day so that absentee and election day ballots can be printed, so that voters can be assigned to the appropriate poll books in order that they receive valid absentee and election day ballots. MS AG Op. Wiggins (May 6, 2005). However, an election conducted utilizing the prior district lines that are no longer in effect would be subject to challenge. Finally, once sufficent time to implement the new lines has transpired, all elections, including special elections to fill vacancies, must be held under the newly precleared lines.

In regard to the candidates who may have qualified in a district in which, because of the effectuation of the new plan, they no longer reside, an administrative change may be made to reflect the change and place them in the district of their residence. Further, a candidate may be required to file a supplemental petition if the result of redistricting is to place some of the signees of his petition in a district different from that of the candidate. MS AG Op., McMullin (April 18, 2003); MS AG Op., Ezell (January 16, 1991).

Sincerely,

JIM HOOD, ATTORNEY GENERAL

By:

Phil Carter

Special Assistant Attorney General