Mississippi Advisory Opinions June 30, 1983: AGO 000003634 (June 30, 1983)

Mississippi Attorney General Opinions

1983.

AGO 000003634.

1983-86

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Dear Mr. Braddock:

Attorney General Bill Allain has received your request for opinion and has referred it to the undersigned for research and reply.

Regarding Justice Court Judges in Warren County, Mississippi, you advise that the Board of Supervisors has redistricted the county to comply with applicable law pertaining to the office of Justice Court Judge and that said redistricting plan was submitted to the United States Attorney General, who approved the plan on June 10, 1983 subsequent to the June 3rd, 1983 qualifying deadline for said office.

You request an opinion as to whether the County Democratic Executive Committee should certify the Justice Court Judge Candidates in the three approved Justice Court Districts in which said candidates reside, even though they qualified before the deadline for said office in the five Supervisors' Districts.

It is the opinion of this office that candidates for Justice Court Judge in Warren County, Mississippi performed the best of their ability that which was necessary in order to be candidates for Justice Court Judge in the newly approved three Justice Court Districts by qualifying as candidates in the five Supervisors' Districts before the deadline on June 3, 1983, since the newly created three districts had not received approval prior to said deadline and not until after said date on June 10, 1983 by the United States Attorney General. It, therefore, is the opinion of this office that said candidates may be placed upon the ballot by the County Democratic Executive Committee for Justice Court Judge in the Justice Court District in which each is a resident and a qualified elector, provided such candidates are otherwise qualified.

Regarding the office of County Board of Supervisor and Constable, you advise that the Board of Supervisors had submitted a redistricting plan for Warren County, Mississippi but that the United States Attorney General interposed an objection to the plan on June 10, 1983. You further advise that a new plan was submitted on June 21, 1983 to the United States Attorney General for approval and that you anticipate such approval in the very near future.

You then request an opinion as to whether upon the approval of such plan by the United States Attorney General, the Warren County Election Commission will conduct the August 1983 Primary in accordance with such approved Supervisors' redistricting plan and whether or not candidates who have qualified for Supervisor and Constable as of the June 3, 1983 deadline would be required to be approved to appear on the ballot.

It is noted that you state approval by the United States Attorney General is anticipated in the very near future.

United States Supreme Court and other federal court decisions in recent years have mandated redistricting of district offices, both state and district and county district, to comply with the "one man-one vote" doctrine. The legality of elections is of paramount concern to avoid the extra, additional expense of reholding elections which, in most cases, would be substantial.

The necessity to redistrict would, therefore, be patent in the action of the Supervisors having such objective. Such action would constitute an admission of the necessity to redistrict in order to conduct valid elections within the federal guidelines. As a practical result, should an election not be conducted in accordance with a redistricting plan approved by the United States Attorney General, there is a real hazard should the election be challenged on this ground that the elections would be required to be reheld at substantial public expense.

Therefore, it is the opinion of this office that should approval of the redistricting plan of the Supervisors' Districts be received from the United States Attorney General, that the primary elections should be conducted based thereon.

Upon receipt of such approval, the old districts cease to exist.

Should such approval be received at a time prior to the primary elections which would make it impossible to conduct the elections based thereon, resort may be made to a court of competent jurisdiction for relief.

Additionally, candidates for County Board of Supervisors and Constables having qualified prior to the June 3rd, 1983 deadline, if otherwise qualified, would be eligible to appear upon the ballot in the Super- visors' District in which they actually reside according to the newly approved plan.

Likewise, the primary election for Justice Court Judge would be conducted in accordance with the newly approved Justice Court Judge Districts.

Very truly yours,

BILL ALLAIN, ATTORNEY GENERAL

BY:

W.D. Coleman Deputy Attorney General

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