Mississippi Advisory Opinions March 17, 1989: AGO 000008744 (March 17, 1989)

AGO 000008744.

Dear Mr. Nicholson:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply.

In your letter you ask:

Please provide the Holly Bluff Line Consolidated School District Board of Trustees with legal opinions on the following, regarding the newly passed H.B. 274 (Election of trustees from single member districts):

(1) An interpretation of the language of the bill as to whether it is optional or mandatory to change to a single member district election process.

(2) Provide us with a step-by-step process for changing from an at-large election scheme to a single-member district election scheme.

(3) Advise us on a suggested time-frame to accomplish #2.

House Bill No. 274, enacted at the 1988 Regular Session of the Mississippi Legislature as Chapter 523 Laws of 1988, amends Section 38-7-207, Miss. Code Ann., to provide for the adoption of single-member election districts for the election of trustees for Consolidated and Line Consolidated School Districts. This law was finally precleared under Section 5 of the Voting Rights Act of 1965 on March 1, 1989.

While the language calling for the creation of single- member election districts for school trustees is couched in discretionary terms (e.g. "upon the request of the board of trustees", and "in any year in which any district shall elect."), since the selection of trustees from single-member election districts is now the only method of election available for trustees of line consolidated districts, it is the opinion of this office that the effect of the amendment to Section 37-7-207 calling for the creation of these districts is mandatory. Moreover, in subparagraphs (2), the following language is found:

"The five (5) members of the board of trustees of such line consolidated school district shall be elected from special trustee election districts by the qualified electors thereof, as herein provided."

Regarding your second question, we direct your attention to the following procedures set forth in Section 37-7-207, to-wit:

The boards of supervisors shall place upon their minutes the boundaries determined for the new five (5) trustee election districts. The boards of supervisors shall thereafter publish the same in a newspaper of general circulation within said school district for at least three (3) consecutive weeks; and after having given notice of publication and recording the same upon the minutes of the boards of supervisors, said new district lines shall thereafter be effective.

The factors to be considered by the boards of supervisors in apportioning the school district into single-member districts call for interpretation of federal law. While this office cannot render official opinions interpreting federal law, we would point out that the new district lines would have to be precleared under Section 5 of the Voting Rights Act of 1965 before they can be utilized.

Your remaining question concerns the time frame to accomplish the establishment of single-member districts.

These districts should be established and precleared under Section 5 of the Voting Rights Act no later than the deadline for candidates to qualify under Section 37-7-225, Miss. Code Ann. (Supp. 1988), i.e forty (40) days prior to November 7, 1989, which would be September 28, 1989.

We hope that we have been responsive to your inquiries.If we can be of further assistance, please do not hesitate to contact this office.

Sincerely,

Mike Moore, Attorney General

By: Giles W. Bryant Special Assistant Attorney General

/Jw