Mississippi Advisory Opinions September 28, 2012: No. 2012-00462 (September 28, 2012)

No. 2012-00462.

Dear Governor Bryant:

Your office, by and through Tray Hairston, Associate Counsel, has submitted for the consideration of the Attorney General a proposed amendment to the special charter of the City of McComb pursuant to Mississippi Code Section 21-17-9.

The proposed amendment calls for a change in the dates of municipal elections for mayor and the board of selectmen in subsequent years.

Included with the letter from your office is a proof of publication showing that the proposed amendment was published in the McComb Enterprise-Journal, a newspaper published in the City of McComb, on the twenty-fourth and thirty-first of March and the seventh of April, 2011.

Also included with your letter is a copy of the City's resolution finding that no protest was made or received following publication of the proposed amendment.

Based on the above submission and a review of the proposed amendment pursuant to Miss. Code Ann. Section 21-17-9, it is the opinion of this office that the proposed amendment is consistent with the Constitution and laws of the United States and the Constitution of the State of Mississippi.

We note that the proposed amendment is a change in voting practice that will require approval from the U.S. Department of Justice pursuant to Section 5 of the Voting Rights

Act.

Please let us know if this office can be of further assistance.

Sincerely,

JIM HOOD, ATTORNEY GENERAL

By:

Elizabeth S. Bolin

Special Assistant Attorney General