Mississippi Advisory Opinions March 07, 1983: AGO 000003804 (March 7, 1983)

Mississippi Attorney General Opinions

1983.

AGO 000003804.

1983-171

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Dear Mr. Dobbs:

Attorney General Bill Allain has received your request for opinion dated February 24, 1983, and has referred it to the undersigned for research and reply. You advise as follows:

"I am in receipt of a letter under date of 14 January '83, from Mr. Wm. Bradford Reynolds, Assistant Attorney General, Civil Rights Divi- sion, U. 5. Department of Justice, Washington, D. C. in reference to the redistricting of Supervisors and Justice Court Districts, the re- alignment of voting precincts; the elimination of certain polling places and the establishing of other polling places in Choctaw County, Mis- sissippi; as submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c.

"The letter advised that the Attorney General did not interpose any objections to the changes in question. The Board of Supervisors must now determine whether to adopt an order calling for a complete re-registration, or whether to adopt an order requesting the Election Commissioners, with the assistance of the Circuit Court Clerk, to transfer the presently registered voters over to the new poll and precinct registration books as a part of their ministerial and/or admini- strative duties. In order to assist them in arriving at a decision in the matter, the Board has instructed me to bequest the opinion of the Attorney General's office on the following ques- tions :

"1. Is it necessary that the Board of Supervisors seek and obtain Federal approval, or preclearance, before ordering a complete countywide re-registra- tion?

"2. Is it necessary that the Board of Supervisors seek and obtain Federal approval, or preclearance, before adopting an order requesting the Election Commissioners, with the assistance of the Circuit Court Clerk, to transfer all presently registered voters over to the new poll and precinct registra- tion books as a part of their ministerial and/or administrative duties?"

The opinions hereinafter set forth are rendered in the sequence in which the questions are presented.

1. It is the opinion of this office that it is necessary for the Board of supervisors to seek and obtain federal approval or pre- clearance pursuant to 5 of the doting Rights Act of 1965, as Amend- ed, 42 U.S.C. 1973c of any order directing and requiring a complete countywide reregistration of the qualified electors of Choctaw County, Mississippi so that such registration would be legally effective.

Since such a countywide reregistration would result, ultimately, thirty (30) days after the effective date set forth in the order for such reregistration in a removal of the name of any person appearing on the old registration books who had not reregistered on the new registration books, it is the opinion of this office that such general removal of such names would constitute a change in the local county election procedure as would be subject to and under the jurisdiction of 5 of the Voting Rights Act requiring prior approval or preclearance by the United States Attorney General before becoming effective.

2. It is the opinion of this office that it is not necessary that the Board of Supervisors seek and obtain federal approval or pre- clearance pursuant to 5, Supra, of any order adopted by the Board authorizing and directing the County Election Commissioners, with the assistance of the Circuit Court Clerk and/or his Deputy or Deputies, to transfer all presently registered voters to the new poll books for the newly created or realigned voting precincts pursuant to the redistricting of Supervisors' and Justice Court Districts as purely a ministerial or administrative action.

There would be no change in the registration books as the same reflect the names of qualified electors thereon, except that the new poll books will accurately reflect the names of said qualified electors residing in each of the newly realigned voting precincts.

Therefore, there will be no substantive or actual change with respect to qualifications to vote, except that the new poll books will con- tain the names of all qualified electors who reside in the newly realigned voting precincts as approved by the United States Depart- ment of Justice which already appear on the registration and poll books. No person's name appearing on the existing books as a qualified elector will be deleted. Therefore, the only change will be that the poll books will be new. However, they will contain the same names of qualified electors who appear on the old.

I am sure you are aware that 23-5-13, Mississippi Code of 1972, Annotated & Amended, prohibits the alteration of any voting district within six (6) months before the General Election.

Very truly yours,

BILL ALLAIN, ATTORNEY GENERAL

BY:

W. D. Coleman Deputy Attorney General

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