Mississippi Advisory Opinions April 30, 1986: 19860430 (April 30, 1986)

Advisory Opinion Text

Honorable Robert O. Allen

Attorney for Lincoln County Election Commission

Post Office Box 828

Brookhaven, Mississippi 39601

Elections

Dear Mr. Allen:

Attorney General Edwin Lloyd Pittman has received your letter of request and has assigned it to me for research and reply.

Your letter states:

“I have been requested by the Lincoln County Circuit Clerk and the Election Commissioners to obtain your thoughts with regard to the recent vacancy created in Legislative District 92 by the resignation of Steve Wells.

“ Section 5-1-1, Mississippi Code of 1972 as amended in 1982, sets forth that District 92 shall be composed of the following precincts in Lincoln County, Mississippi:

'Brookhaven High School, City Hall, Courthouse, East Lincoln, Fair River, Halbert Heights, Heucks Retreat, Holly Springs, Little Bahala, Montgomery, New Sight, Northwest Brookhaven, Ole Brook, Pearl haven, Southeast Brookhaven, and Zetus Precincts;'

“In August of 1983 suit was filed in the United States District Court for the Southern District of Mississippi styled Jessie Buie, et al., vs. Lincoln County Board of Supervisors, et al. , No. J83-0560B, challenging the supervisor's district lines in Lincoln County and the general election was enjoined. Thereafter a consent decree was entered on September 29, 1983 and amended on November 3, 1983 and on November 9, 1983 changing the supervisor's district lines and precinct lines. I am enclosing, for your benefit, copy of the consent decree and amendments that set forth the legal description of the precincts. Also for your benefit, I am enclosing maps showing old precinct lines and new precinct lines.

“As you can see, two problems are created:

“(a) There are different precinct names that encompass areas and have different voting places between the consent judgment and Section 5-1-1, Mississippi Code of 1972 .

“(b) The outer fringes of the district lines have been moved so that there is a possible overlapping with District 93 under the new lines.

“The Registrar and Election Commissioners are desirous of obtaining your opinion as to whether or not any special election held to fulfill the unexpired term of Steven Wells in District 92 should be held in the districts as outlined by statute or whether the new lines and precincts should be used.

“Please advise also whether or not your office will pre-clear this matter through the Justice Department since the district was defined by the Legislature as opposed to Lincoln County having to submit it.”

In response to your inquiry please see the enclosed copy of an opinion addressed to Honorable James D. Dobbs, dated May 6, 1983.

In summary that opinion states that the land area encompassed within senatorial districts as defined by the Mississippi Legislature in the statutes is required to be the area in which the qualified electors are required to reside in order to vote in a senatorial election.

The Dobbs opinion further states that a county board of supervisors in redistricting supervisor's districts has no authority to modify, alter or change the land area or territory described by the Mississippi Legislature to be encompassed within the senatorial districts.

Therefore, it is the opinion of this office that a special election to fill the unexpired term of a member of the Mississippi House of Representatives must be held in the appropriate district as described in Mississippi Code Annotated § 5-1-1 (Supp. 1985).

This office will submit the proposed special election to the U.S. Justice Department for pre-clearance pursuant to Section 5 of the 1965 Voting Rights Act.

Very truly yours,

Edwin Lloyd Pittman Attorney General.