Mississippi Advisory Opinions May 06, 1983: 19830506 (May 06, 1983)

Advisory Opinion Text

Honorable James D. Dobbs

Attorney at Law

Post Office Box 327

Ackerman, Mississippi 39735

Dear Mr. Dobbs:

Attorney General Bill Allain has received your request for opinion and has referred it to the undersigned for research and reply.

You refer to § 5-1-3, Mississippi Code of 1972, Annotated, as amended by Chapter 305 of the Laws of 1982, which defines the districts for the Mississippi State Senate. You refer to Senatorial District 18 in which certain named voting districts or precincts in Choctaw County are specifically named as being included in said district.

Also, District 19 is defined to include all voting districts or precincts in Choctaw County not specifically named as being included in District 18.

Several of the voting districts or precincts which were named to be included in District 18 were later abolished by the board of supervisors in its redistricting of the supervisors' districts, which redistricting plan you advise has been approved by the United States Justice Department.

Based upon the above and foregoing facts, you request an opinion as to which senatorial district the electors residing in the abolished former precincts would be eligible to vote, which opinion is desired for the guidance of the election officials in holding the elections this year.

§ 254 of the Mississippi Constitution of 1890, as amended by Senate Concurrent Resolution 507 of the 1977 Second Extraordinary Session of the Mississippi Legislature, upon ratification by the electorate on November 6, 1979, vests initial authority to define legislative districts in the Mississippi Legislature. Therefore, the Mississippi Legislature having defined Senatorial Districts 18 and 19, as you relate, and which apportionment has received federal approval, it is the opinion of this office that the land area encompassed within said districts is required to be the area in which the qualified electors are required to reside in order to vote in the elections this year for State Senate.

It is further the opinion of this office, based upon the premise as above stated, that the Board of Supervisors of Choctaw County in the redistricting of supervisors' districts after legislative reapportionment was vested with no lawful authority, nor is it presumed that they so desired, to modify, alter or change the land area or territory described by the Mississippi Legislature to be encompassed within the senatorial districts.

It necessarily follows, therefore, that it is the opinion of this office that all qualified electors residing within the land area or territory encompassed within the description of the senatorial districts, as defined in § 5-1-3, Supra, are required to be permitted to vote in the elections this year for the Mississippi State Senate.

To reiterate, the abolition of a voting district by the board of supervisors, in the opinion of this office, cannot operate as a change or modification of a senatorial district.

Additionally, you request an opinion as to the following:

(1) How the poll books may be marked to indicate eligibility of the elector to vote in the senatorial district as established by the Mississippi Legislature in Chapter 305, Supra?

It is the opinion of this office that upon ascertainment by the county election commissioners, with the aid and assistance of the circuit clerk or his or her deputy, that any person residing in any voting district which has been abolished is a qualified elector, that such person is authorized to vote in the primary or general election for State Senate for the district in which such abolished precinct was located. The poll book containing the name of such elector may be appropriately marked “S-18” or “S-19”, depending on the district in which such person resides. Such appropriate documentation will indicate to the election manager or clerk the ballot for State Senate that is to be furnished such elector.

(2) You ask whether separate ballots will be required for Senatorial Districts 18 and 19.

Upon the further facts you furnish indicating that voting precincts or districts as reconstituted by the board of supervisors and approved by the United States Justice Department being composed of parts of the abolished precincts, it is the opinion of this office that such facts and circumstances will require separate ballots to be printed and provided those electors eligible to vote in the respective senatorial districts as described in amended § 5-1-3, Supra.

(3) You further ask whether separate ballot boxes will be required for the two senatorial districts, and in response thereto, it is the opinion of this office that separate ballot boxes will not be required but that separate ballots for the State senate for the respective districts may be placed in the ballot box with all other ballots cast.

Very truly yours,

Bill Allain Attorney General.