Mississippi Advisory Opinions November 27, 2012: No. 2012-00538 (November 27, 2012)

No. 2012-00538.

Dear Mr. Johnson:

Attorney General Hood is in receipt of your request for an official opinion and it has been assigned to me for research and reply.

Your letter states in part:

The City of Senatobia recently had its new ward boundaries based on the 2010 census precleared by the U.S. Justice Department, however, the new ward lines will not be implemented prior to February, 2013. We are anticipating an election held pursuant to Section 67-1-14 to be held prior to that time. May we hold that vote on a city-wide election rather than conducted by or within individual wards since Section 67-1-14 contemplates a city-wide election? The Secretary of State's office has given its approval.

The election should be conducted pursuant to the ward lines most recently approved by the U.S. Department of Justice.

Once the Department of Justice approves a redistricting plan, the new plan is effective. We have previously opined that an election must be held under the ward lines that are in effect on the date of the election. MS AG Op., Wiggins (May 6, 2005). We recognize that in order to make adequate preparation for an election, DOJ preclearance must be received in sufficient time prior to election day to insure compliance with applicable election law procedures. Once sufficient time to implement the new lines has transpired, all elections must be held under the newly precleared lines. MS AG Op., Keith (October 17, 2012).

Please contact us if we can be of further assistance regarding this matter.

Sincerely,

JIM HOOD, ATTORNEY GENERAL

By:

Elizabeth S. Bolin

Special Assistant Attorney General