Mississippi Advisory Opinions January 28, 1987: 19870128 (January 28, 1987)

Advisory Opinion Text

Honorable Ed Perry

City Attorney

Oxford

P.O. Box 1018

Jackson, Mississippi 39205

Re: Schools - Trustee Elections

Dear Mr. Perry:

Attorney General Edwin Lloyd Pittman has received your letter of request and has assigned it to me for research and reply. Your letter states as follows:

The Oxford Municipal Separate School District, which has not been changed or reconstituted since November 1, 1964, has elected two members at large from added territory outside the corporate limits of Oxford as two of their five school trustees since before November 1, 1964.

Am I correct in my interpretation that given Section 37-7-203, Mississippi Code of 1972, as Amended (Laws of 1985, Ch. 509) that these two trustees will continue to be elected at large with no requirement for any submission to the office of the U.S. Attorney General in regard to preclearance under Section 5 of the Voting Rights Act of 1965, or given Laws of 1985, Ch. 509, will Oxford be required to have two separate election districts for election of trustees and thus, obviously, required to submit said election districts to the U.S. Attorney General for approval.

You will please find enclosed a copy of an opinion dated December 3, 1986, and addressed to the Honorable J. Lonnie Smith. Pursuant to this opinion, it is only when the United States Attorney General makes a specific request that separate election districts may be drawn for the election of trustees in the added territory. Such a request could only occur when a municipal separate school district has made a submission under Section 5 of the Voting Rights Act of 1965, as amended. As described by your letter, Oxford has elected two trustees at large from the added territory since before November 1, 1964. Such procedure is therefore not subject to the preclearance requirements of Section 5. Accordingly, Oxford may continue to elect these trustees at large.

Should you have any questions or if we may be of further assistance please do not hesitate to contact this office.

Very truly yours,

Edwin Lloyd Pittman, Attorney General.

ATTACHMENT

January 14, 1987

Hon. Ed Pittman

Attorney General

Gartin Justice Building

5th Floor

Jackson, MS

Attention: John Emfinger

Dear Mr. Emfinger:

As attorney for the City of Oxford, I present to you the following question for your opinion.

The Oxford Municipal Separate School District, which has not been changed or reconstituted since November 1, 1964, has elected two members at large from added territory outside the corporate limits of Oxford as two of their five school trustees since before November 1, 1964.

Am I correct in my interpretation that given Section 37-7-203, Mississippi Code of 1972, as Amended (Laws of 1985, Ch. 509) that these two trustees will continue to be elected at large with no requirement for any submission to the office of the U.S. Attorney General in regard to preclearance under Section 5 of the Voting Rights Act of 1965, or given Laws of 1985, Ch. 509, will Oxford be required to have two separate election districts for election of trustees and thus, obviously, required to submit said election districts to the U.S. Attorney General for approval.

I would appreciate it if you would send your reply to me at the Capitol: P. O. Box 1018, Jackson, Ms. If you have any questions, please telephone: 359-3340.

Sincerely yours, Ed Perry