Mississippi Advisory Opinions October 29, 1999: AGO 1999-0593 (October 29, 1999)

Advisory Opinion Text

Mr. Kenner Ellis, Jr.

City of Greenville

P. O. Box 897

Greenville, MS 38702-0897

Re: Renting a Church as a Polling Place

Dear Mr. Ellis:

Attorney General Mike Moore has received your recent letter on behalf of the City of Greenville and has asked me to respond. Your letter states:

One of the polling places for municipal elections is located in a local church. The Church has requested to be paid rental in the sum of $200.00 per election.

I have been requested to solicit your opinion as to whether or not a municipality, pursuant to Section 23-15-557, MCA, or other appropriate authority, may rent a polling place at a local church for the amount of $200.00 per election.

Miss. Code Ann. Section 23-15-557 addresses the authority of a municipality to establish precincts and polling places, stating:

The governing authorities of any municipality within the State of Mississippi are hereby authorized and empowered, in their discretion, to divide the municipality into a sufficient number of voting precincts of such size and location as is necessary, and there shall be the same number of polling places. The authority conducting an election shall not be required, however, to establish a polling place in each of said precincts, but such election authorities, whether in a primary or in a general election, may locate and establish such polling places, without regard to precinct lines, in such manner as in the discretion of such authority will better accommodate the electorate and better facilitate the holding of the election.

Miss. Code Ann. Section 23-15-259 (attached) authorizes a board of supervisors to purchase improved or unimproved property and to construct, repair and maintain polling places or to pay reasonable fees to rent property as a polling place for a period not to exceed the day preceding the election, the day of the election and the day after the election. We do not find a corresponding statute in the Mississippi Code which authorizes municipal governing authorities to rent property as a polling place. We are of the opinion that the governing authorities of a municipality may pay reasonable rent for use of a building, including a church, as a polling place if they are unable to find and obtain use of a building as a polling place without paying rent. See Miss. Code Ann. Section 23-15-259 (state, county and school facilities may be used as polling places without charge). The governing authorities must make the factual determination as to what constitutes fair market value for use of the building as a polling place. We also note that any change in the location of polling places must be accomplished in accordance with Section 5 of the Voting Rights Act (42 U.S.C. Section 1973c) .

If we may be of any further assistance, please let us know.

Very truly yours,

Mike Moore, Attorney General

Alice Wise Special Assistant Attorney General.