Mississippi Advisory Opinions September 18, 1986: 19860918 (September 18, 1986)

Advisory Opinion Text

Honorable William A. Allain

Governor of the State of Mississippi

Post Office Box 139

Jackson, Mississippi 39205

House District 76 Special Election

Dear Governor Allain:

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

Your letter states:

On September 3, 1986, I issued the attached Writ of Election to fill the unexpired term of Representative Robert E. Anderson, deceased.

The precincts listed in the writ for Copiah County are those set forth in the statute for House District 76. I am now advised that Copiah County no longer has some of the listed precincts as a result of a suit to redistrict the county.

Your early opinion as to the proper course of action under the circumstances is requested and will be appreciated for a resolution of this matter in order to conduct such special election on November 4, 1986.

The Writ of Election to fill the vacancy in House District 76 tracts the language contained in Miss.Code Ann. § 5-1-1 (Supp.1985), in describing the area within said district. Section 5-1-1 utilizes precinct lines as of July 1, 1981 in describing the geographical confines of the various House of Representative districts. This statute does not require that the named precincts (or the designated polling places therein) be utilized in all subsequent elections relative to the House districts.

The Boards of Supervisors of the various counties are vested with the authority to alter the boundaries of the election districts or the voting place therein. See Miss.Code Ann. § 23-5-11 (Supp.1985) . “Election district” as used in this statute is synonymous with “precinct.” While the Board of Supervisors may alter the boundary of election districts as described above, they may not alter the geographical boundaries of the House District as defined by § 5-1-1 . (To that end see our recent opinion addressed to the Honorable Robert O. Allen and dated April 30, 1986.)

Therefore, where election districts have been altered since July 1, 1981, it is necessary to identify the area included in the § 5-1-1 description and all those qualified electors residing within such land area (and only those electors) must be permitted to vote in the special election to fill the vacancy in House District 76. According to prior practice, the commissioners of election and the registrars of the affected counties must make identification in such a manner that it will be clearly indicated to the election managers and/or clerks those persons who are to be permitted to vote to fill the vacancy in House District 76.

It is the opinion of this office that the so-called “new” precincts and polling places (which we understand have been precleared pursuant to § 5 of the Voting Rights Act of 1965 by the Attorney General of the United States) should be utilized in conducting the election to fill the vacancy in House District 76. All those electors properly identified as set forth above must be allowed to vote to fill the vacancy even though he may be voting at a polling place which is located outside House District 76.

Should you have any questions or if we may be of further assistance, do not hesitate to contact this office.

Very truly yours,

Edwin Lloyd Pittman Attorney General.

John H. Emfinger Special Assistant Attorney General.