Mississippi Advisory Opinions October 19, 1988: 19881019 (October 19, 1988)

Advisory Opinion Text

W. Dean Belk, Esquire

Clark, Davis & Belk, P.A.

200 Second Street

Indianola, MS 38751

Dear Mr. Belk:

Attorney General Mike Moore has received your request for an opinion and has assigned it to me for research and reply.

Your letter states as follows:

I represent the Town of Sunflower, a Code Charter Municipality, a population of about one thousand people. The Town's five Aldermen are presently elected at large. The Town proposes to convert to a ward system for the election of its Aldermen.

In view of the provisions of § 21-3-7 of the code of 1972, and its predecessor, § 3374-36 of the Code of 1942, may the Town adopt a five member ward system for the election of its Aldermen, with each Alderman being elected from a single member district. I have been advised that under your opinion directed to Mr. R.K. Houston of Bay Springs, dated May 29, 1984, such is not authorized.

The prior opinion of this office directed to Mr. R.K. Houston of Bay Springs and dated May 29, 1984 has not been altered by subsequent legislative enactment or decision of any court. We are enclosing a copy of this opinion which is hereby readopted and reaffirmed.

As set forth in the 1984 opinion, there is no statutory authority for a code charter municipality to elect the five (5) aldermen from single member districts. The pre-1962 statutory law governing aldermanic elections is Mississippi Code Ann., § 3374-36 (1941) (Chapter 491, Miss. Laws of 1950). This statute does give the governing authorities of municipalities with less than 10, 000 inhabitants the discretionary authority to elect four aldermen from wards and one from the municipality at large.

Of course, any changes in voting procedure, including a change from at-large to ward elections must be pre-cleared under Section 5 of the Voting Rights Act of 1965, as amended and extended, 42 U.S.C. 1973 .

Sincerely,

Mike Moore Attorney General.