Mississippi Advisory Opinions July 11, 1984: 19840711 (July 11, 1984)

Advisory Opinion Text

Elections-Qualifications to Vote

Honorable Jerry L. Mills

Attorney for City of Clinton

Post Office Box 23004

Jackson, Mississippi 39201

Dear Mr. Mills:

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

Your letter states:

“As City Attorney for the City of Clinton, I request your opinion regarding the following matters.

“The City of Clinton, a code charter municipality, recently expanded through an annexation. The result is that a large number of new citizens have been added. A question has arisen as to procedures related to registration of these new citizens as voters.

“More specifically, the City has adopted a resolution declaring the intention to issue general obligation bonds for water and sewer improvements under the provisions of § 21-33-301, et seq. of the Mississippi Code of 1972 . Under these statutes, the bonds may be issued without an election unless a protest is filed by 10% of the qualified electors. A movement is underway to required such an election.

“The City is in the process of submitting the changes resulting from the annexation to the Justice Department for review under Section 5 of The Voting Rights Act. In addition, the City is preparing to submit proposed new wards for preclearance.

“As a result of this situation, several questions have arisen.

“1. May newly annexed citizens register to vote prior to clearance under The Voting Rights Act?

“2. May newly annexed citizens vote prior to clearance under The Voting Rights Act?

“3. Prior to clearance under The Voting Rights Act are newly annexed citizens 'qualified elections' within the City for purposes of filing a written protest against the issuance of bonds?

“As the City Officials believe the right to vote is one of the inalienable rights of all American citizens, we would prefer to allow immediate and full participation in the electoral process of the newly annexed residents at the earliest possible date. We therefore would appreciate your early response to our queries.”

Section 5 of the Voting Rights Act of 1965 requires that, prior to enforcement of any change in the constituency of the boundaries of a voting unit through annexation, the political subdivision which has enacted or seeks to administer the change must obtain either a judicial or an executive determination that denial or arbidgment of the right to vote on account of race or color is not the purpose and will not be the effect of the change.

Therefore, in response to your inquiry, it is our understanding that the above cited federal law prohibits newly annexed citizens from: 1) registering to vote; 2) voting; and 3) being qualified municipal electors for the purpose of filing a written protest against the issuance of bonds until the required judicial or executive determination as described above is obtained.

Very truly yours,

Edwin Lloyd Pittman Attorney General