Mississippi Advisory Opinions February 16, 2001: AGO 000014239 (February 16, 2001)

AGO 000014239.

Dear Mr. Storey:

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

The City of West Point has recently completed an annexation and a redistricting of its ward boundaries to include the new annexed territory in accordance with the United States Justice Department guidelines.

However, though pre-clearance as to both has been applied for, same has not been approved pursuant to Section 5 of the Voting Rights Act of 1965.

I have a copy of an opinion issued by Phil Carter, Special Assistant Attorney General dated January 12, 2001, addressed to the City of Batesville and would specifically request whether or not such opinion would also apply to the City of West Point.

The Mayor and Board of Selectmen of the City of West Point are elected under a Special Charter. However, by a Consent Decree of the United States District Court, the City was divided into five wards rather than four and one selectman is elected from each ward. The mayor is elected by the city at large. Otherwise, our situation would be exactly the same as that of the City of Batesville.

In MS AG Op., Mitchell (January 12, 2001), which is the opinion referred to in your letter, we cited MS AG Op., Myers (March 20, 1998) in which we said that the provisions of Mississippi Code Annotated, Section 21-8-7 (Supp. 2000) which specifically applies to municipalities operating under the mayor-council form of government, may be applied to a municipality operating under a special charter as the most analogous statutory provisions regarding annexation, redistricting and voting.

Therefore, in response to your specific question, the above cited opinions would be applicable to the City of West Point.

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

By:

Phil Carter

Special Assistant Attorney General