Mississippi Advisory Opinions September 26, 2007: AGO 2007-00511 (September 26, 2007)

Advisory Opinion Text

The Honorable Larry Green, Jr.

Superintendent of Education

Western Line Schools

P. O. Box 50

Avon MS 38723

Re: Redistricting

Dear Superintendent Green:

Attorney General Hood has received your request for an official opinion and it has been assigned to us for research and reply. Your letter states:

The Western Line School District's voting district is currently using voter rolls and precinct books and computer database based on the 1990 census. The District was redistricted following the census of 2000 and the re-distributing plan was approved by the Department of Justice on September 12, 2002 (letter enclosed).

Opinion desired:

1) Are there any deadlines that the registration books, voter rolls, or computer database have to be in place for an election to take place on November 6?

2) As of today, September 24, is there any legal reason the the process for updating the registration books, voter rolls, or computer database cannot begin immediately in order to bring the Western Line School District into compliance with the redistricting plan of 2002 based on the 2000 census?

Based on our telephone conversation earlier today, my understanding of your situation is that voters in the Western Line Schools were never assigned to their new education districts subsequent to the 2000 census and the Western Line Schools' 2002 redistricting plan. Furthermore, that this was not a problem in elections for school board trustee in the annual trustee elections held since preclearance of the 2002 redistricting plan because until this year, the trustees ran unopposed. We understand that the 2002 redistricting plan was precleared by the U. S. Justice Department in 2002.

However, in the course of certifying the candidate qualifying petitions for a contested race for school board trustee for the November 6, 2007, General Election, it was discovered the pollbooks had not been updated to reflect the lines of the new education districts. In order to ensure that voters in the district having a school district trustee election receive their correct ballot, the pollbooks and Statewide Elections Management System (SEMS) will have to be updated to reflect the 2002 redistricting plan.

In the course of discussing this issue with the Washington County Board of Supervisors, you were advised that no changes could be made to the voter database within 60 days of the election, and that your specific question is whether state law would permit such changes.

We note first of all that Miss. Code Ann. Section 23-15-285 (1972) provides that no alteration to a “supervisor's district or voting precinct shall take effect within two (2) months before an election (is) to be held in the district or voting precinct.” However, this provision is inapplicable because the changes took effect upon the preclearance of the 2002 redistricting plan, and the revisions to the SEMS database containing poll book information are simply part of the administrative work implementing the redistricting plan that is already in effect.

As a matter of state law, the described changes to the pollbooks to implement the 2002 redistricting plan may be undertaken at this time and may proceed up until the pollbooks are printed. However, since only 45 days remain until the general election, such changes are subject to the work schedule of the election commission or other staff which may be engaged in other preparations for the general election. Moreover, such changes must be made in conformance with the policies and procedures required by the Secretary of State's office and in particular, those policies and procedures governing the use of the SEMS elections database. You will need to contact your election commission and the Secretary of State's office for guidance on those issues.

Please let me know if you would like to discuss this matter or if I can be of further assistance.

Sincerely,

Jim Hood Attorney General

Reese Partridge Assistant Attorney General.