Mississippi Advisory Opinions June 10, 1983: AGO 000003781 (June 10, 1983)
Collection: Mississippi Attorney General Opinions
Docket: AGO 000003781
Date: June 10, 1983
Advisory Opinion Text
AGO 000003781.
1983-220
Dear Ms. Dixon:
Attorney General Allain has received your request of June 7, 1983, and assigned it to me for reply. You seek direction on behalf of intended candidates in the August, 1983, primary elections because of the rejection by the Justice Department of Amite County's redistrict- ing plan.
Your inquiry is repeated here for reference:
"Since our redistricting plan for Justice Court Judges Posts 1 and 2 was re- jected, please advise if Amite County will hold an election on August 2, 1933, for Justice Court Judges for five districts, as provided for by Section 9-11-1? If elec- tions are held under this section of the Code, how can they legally be paid?
"Also, since our plan for Supervisors Districts was rejected, please advise if Amite County will hold an election during the August Primaries for Supervisors under Section 19-3-1 using the old boundaries?
"I am sure many counties are in the same position as Amite County, with their re-districting plan rejected by the Justice Department. However, many candidates for Supervisors, Justice Court Judges and Con- stables, want to know where they stand, and I want to know how to answer their questions, and what procedure we will fol- low for our August 1983 Primary Elections."
Regarding Justice Court Judges, until there are approved districts from which candidates may offer, there can be no election. If such districts are ap- proved prior to the November General Election and in time to qualify then candidates may qualify and run as Independents. Otherwise it will be necessary to hold a special election to fill these offices when finally established and approved.
The Supervisors' districts as they presently exist will continue to exist until new districts are finally approved. Therefore, candidates for Super- visor would offer from the present of "old" districts The Constables' districts as they presently exist also continue in existence until new districts are approved. Therefore, the candidates for these offices would offer from the present districts.
From our telephone conversation regarding the confusion created by the Justice Department rejection, I believe the above will allow you to answer most of the questions put to you.
Respectfully,
BILL ALLAIN, ATTORNEY GENERAL
BY
Charles A. Marx Executive Assistant Attorney General
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