Mississippi Advisory Opinions August 08, 2014: AGO 2014-00298 (August 08, 2014)
Collection: Mississippi Attorney General Opinions
Docket: AGO 2014-00298
Date: Aug. 8, 2014
Advisory Opinion Text
AUTH: Phil Carter
RQNM: Eddie Kinnard, Sr.
SUBJ: Elections - Commissioners
SBCD: 64
TEXT: The Honorable Eddie Kinnard, Sr.
Chairman, Claiborne County Election Commission
Post Office Box 549
Port Gibson, Mississippi 39150
Re: District Lines
Dear Mr. Kinnard:
Attorney General Jim Hood received your letter of request and assigned it to me for research and reply.
Issue Presented
Your letter states:
The Claiborne County Board of Supervisors did not achieve a final redistricting plan until 2014. This plan did not allow enough time for necessary changes to be made by the Election Commission prior to the time of the Primary Election. The Board of Supervisors has since given an order to the Commission to inform the public of the new district changes so that the General Election can be held under the new district lines.
Our question is this: Can a Primary Election be held under one districting plan and the General Election be held under a newly adopted plan?
We preface our response by stating that it is our understanding that there were no county district offices on the ballot in the Primary that could be affected by the newly adopted plan.
Response
While we do not comment on how the Primary was conducted, we have consistently opined that elections must be held pursuant to the district and precinct lines most recently effectuated. MS AG Op., Reynolds (January 27, 2012); MS AG Op., Dillon (August 1, 2003). Therefore, the General Election must be conducted pursuant to the newly adopted plan.
Applicable Law and Discussion
In addition to the above cited opinions, Section 23-15-283 provides in part:
The board of supervisors shall have power to alter the boundaries of the supervisors districts, voting precincts and the voting place therein. If the board of supervisors orders a change in the boundaries, they shall notify the commissioners of election, who shall at once cause the registration books of voting precincts affected by the order to be changed to conform to the change so as to contain only the names of the qualified electors in the voting precincts as made by the change of boundaries. (Emphasis added)
Sincerely,
JIM HOOD, ATTORNEY GENERAL.
Phil Carter, Special Assistant Attorney General.