Mississippi Advisory Opinions October 02, 1991: AGO 000005399 (October 2, 1991)
Collection: Mississippi Attorney General Opinions
Docket: AGO 000005399
Date: Oct. 2, 1991
Advisory Opinion Text
AGO 000005399.
DOCK 1991-0718
AUTH Phil Carter
DATE 19911002
RQNM Walter Graham
SUBJ Elections-Qualifications to Vote
SBCD 072
TEXT Senator Walter A. (Pud) Graham
3rd District
Pontotoc-Tippah-Union Counties
Route 1, Box 108
New Albany, Mississippi 38652
Dear Senator Graham:
Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. Your letter states, in part:
"I have been asked by Mr. Grayden Browning of Union County to find out why and how the people of New Albany can vote for the County Superintendent of Education when the county is not allowed to participate in city elections?"
In response to your inquiry, Mississippi Code Annotated section 23-15-11 (1990) permits the people who reside in Union county to vote in the city only if they have resided within the municipality for thirty (30) days. However, Mississippi Code Annotated Section 37-5-71 (1990) does not prohibit the qualified electors that reside within a municipal or special municipal separate school district from voting for the county superintendent of education in Union county. This section specifically prohibits certain counties' qualified electors that reside within any municipal separate or special municipal separate school district from voting for their county superintendent of education. The counties are described but are not named. However, it does not appear that Union county is described in this section. Therefore, the qualified electors that reside within a municipal or special municipal separate school district are not subject to the prohibitions of the statute and can vote for their county superintendent of education.
Sincerely,
MIKE MOORE, ATTORNEY GENERAL
BY: Phil Carter Special Assistant Attorney General PCC:mfd