Mississippi Advisory Opinions March 20, 1998: AGO 98-0162 (March 20, 1998)

Advisory Opinion Text

Representative David Myers

808 N. Cherry Street

McComb, MS 39648

Re: Annexation and elections in special charter municipality

Dear Representative Myers:

Attorney General Mike Moore has received your request for an opinion and has asked me to respond. Your letter asks whether Miss. Code Ann. Sec. 21-8-7 (4) (d) “would apply to McComb since they are a special charter city.” In a subsequent meeting, you further informed us that the U.S. Department of Justice is currently reviewing a municipal annexation proposal for McComb simultaneously with the redistricting plan submitted for the subject area of annexation. Assuming that the annexation is approved, as expected, your question is whether the above referenced code section would be applicable to determine the proper assignment of the newly annexed territory into existing wards for purposes of the upcoming municipal elections. Finally, you note that the special charter under which McComb operates its mayor/board of selectmen system of government is silent on this issue.

In response, since the special charter which governs McComb is silent with respect to your question, general statutory provisions would apply. Again, assuming that the annexation plan is in fact granted approval by the Justice Department prior to the upcoming municipal elections, it is our opinion that the situation is most analogous to that contemplated by the provisions of Section 21-8-7 (4) (d) . That section provides:

If annexation of additional territory into the municipal corporate limits of the municipality shall occur less than six (6) months prior to the first party primary of a general municipal election, the council shall, by ordinance adopted within three (3) days of the effective date of such annexation, assigned such annexed territory to an adjacent ward or wards so as to maintain as nearly as possible substantial equality of population between wards; any subsequent redistricting of the municipality by ordinance as required by this chapter shall not serve as the basis for representation until the next regularly scheduled election for municipal councilmen.

Although Section 21-8-7 speaks directly to statutory mayor/council governments, we suggest that its provisions be applied to the current situation in McComb in an effort to provide the newly qualified electors of the municipality a practical method of voting in municipal elections prior to the approval of a redistricting plan. However, you should contact the United States Department of Justice to determine whether your use of this statute also needs to be precleared.

Please contact this office if we can provide further information or assistance.

Sincerely,

Mike Moore, Attorney General.

Patricia F. Aston, Special Assistant Attorney General.