Mississippi Advisory Opinions October 06, 2000: AGO 2000-0598 (October 06, 2000)

Advisory Opinion Text

Billy B. Bowman, Esq.

Brewer, Deaton & Bowman, PLLC

Post Office Drawer B

Greenwood, Mississippi 38935-0706

Re: Compliance with Redistricting Provisions of Mississippi Code Section 21-8-7(4)(c)

Dear Mr. Bowman:

Attorney General Mike Moore has received your request for an Official Opinion and has assigned it to me for research and response. Your letter is attached hereto for reference. The question posed to our office is as follows:

Since compliance with M.C.A. Section 21-8-7 appears to be impossible, I am requesting your official opinion as to whether a municipality may disregard the provisions of M.C.A. Section 21-8-7, for the general election scheduled in June 2001, and hold the 2001 municipal elections for members of the council from the current ward using existing timetable and deadlines for qualifying, primary, and general elections. *****

Our office is aware of the concerns of municipalities, specifically those with Mayor-Council forms of government, regarding the upcoming municipal elections and redistricting requirements. Section 21-8-7(4)(c) requires municipalities to follow an expedited time frame for redistricting in years when the census data is released, reading, in part, as follows:

(i) It shall be the mandatory duty of the council to redistrict the municipality by ordinance, which ordinance may not be vetoed by the Mayor, within six (6) months after the official publication by the United States of the population of the municipality as enumerated in each decennial census, and within six (6) months after the effective date of any expansion of municipal boundaries; however, if the publication of the most recent decennial census or effective date of an expansion of the municipal boundaries occurs six (6) months or more prior to the first party primary of a general municipal election, then the council shall redistrict not less than sixty (60) days prior to such party primary.

(ii) If the publication of the most recent decennial census occurs less than six (6) months prior to the first party primary of a general municipal election, then the council shall redistrict the municipality by ordinance not later than twenty (20) days prior to the first party primary.

(iii) If the publication of the most recent decennial census is not received by the council in time to redistrict the municipality at least twenty (20) days prior to the first party primary of a general municipal election, then the council shall redistrict the municipality by ordinance not later than twenty (20) days prior to a special party primary provided for hereafter in this subparagraph. If the census is not received in time to redistrict the municipality, as provided above, the mayor and councilmen shall be elected by the voters of the municipality at a special general municipal election held on the fourth Tuesday after the first Monday in June, and a special party primary shall be held on the second Tuesday after the first Monday in June, notwithstanding the provisions of Sections 21-11-5 and 21-11-7 to the contrary.

While our office realizes the negative impact this section will have on municipalities, we do not find authority for municipalities to simply disregard statutes which have difficult provisions. We encourage municipalities to seek relief through the legislature, by amendment to the problematic provisions, or from a court of competent jurisdiction.

If our office may be of further assistance, please advise.

Sincerely,