Mississippi Advisory Opinions July 25, 1997: AGO 97-0302 (July 25, 1997)

Advisory Opinion Text

Honorable Dirk Dedeaux

House of Representatives

2157 Highway 53

Perkinston, Mississippi 39573

Re: Election of school trustees

Dear Representative Dedeaux:

Attorney General Mike Moore has received your request for an official opinion of this office and has assigned it to me for a reply. Your letter states, in pertinent part:

I am writing to you about the legality of a voting practice in the Picayune School district. Part of the Picayune School District is in Hancock County. I have recently been informed that these residents cannot vote in the Hancock County for school board members but must drive to Pearl River County (Picayune) to cast their ballots.

Shouldn't they be able to vote in their own precinct or even in their own county† I would like an AG opinion on whether it is lawful to not open the polls in the Hancock County area of the Pearl River County Picayune School District.

It is the understanding of this office that the school district in question is a special separate municipal school district. We are aware of no authority that would allow Hancock County or any other governmental entity to open its polls to conduct elections of trustees of a municipal school district of a municipality in an adjoining county. Therefore, in response to your specific question. Hancock County does not have the authority to conduct elections for the trustees of a municipal school district that is not located that county.

If this office can be of any further assistance, please let us know.

Very truly yours,

Mike Moore, Attorney General.

Sandra M. Shelson Special Assistant Attorney General.