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Mississippi Advisory Opinions May 01, 1987: AGO 000007880 (May 1, 1987)

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Collection: Mississippi Attorney General Opinions
Docket: AGO 000007880
Date: May 1, 1987

Advisory Opinion Text

Mississippi Attorney General Opinions

1987.

AGO 000007880.

May 1, 1987

DOCN 000007880
DOCK 1987
AUTH John H. emfinger
DATE 19870501
RQNM Honorable Charlotte B. Williams
SUBJ Elections - Commissioners
SBCD 64
TEXT Honorable Charlotte B. Williams
Monroe County Circuit Clerk
Post Office Box 843
Aberdeen, Mississippi 39730

Re: Elections - Subprecinct pollbooks

Dear Mrs. Williams:

Attorney General Edwin Lloyd Pittman has received your letter of request and has assigned it to me for research and reply. In your letter you state:

The Election Commissioners and I would like to know if the above numbered section [23-15-129] also includes the making of subprecincts for county and municipal school districts.

In our county we have the Aberdeen Separate School District, the Amory Separate School District, the Okolona Separate School District, the Nettleton Line Consolidated School District and the County School District. Only a portion of the voters in some of our precincts are eligible to vote in some of these districts.

For example, the Aberdeen Separate School District is composed of all voters in the Fourth District and a portion of the voters in the precincts of Lackey and Hamilton from the third district and a portion of the voters in the precincts of Willis and Wren from the fifth district.

This section is also silent as to when this must be done. Will you please tell us how long we have, if it is necessary to make subprecincts?

Pursuant to Mississippi Code Annotated 23-15-129 (Supp. 1986; Special Pamphlet), the election commissions and the registrars of the various counties are directed to form sub- precincts within each voting precinct so that all persons within a subprecinct shall vote on the same candidates for each public office. It is the opinion of this office that trustees of a municipal separate school district and members of the county board of education are publicoffices for which subprecincts are necessary.

Since there is no time period prescribed by the statute, a "reasonable" amount of time should be allowed in order to form such subprecincts and subprecinct pollbooks.

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

Sincerely,

EDWIN LLOYD PITTMAN, ATTORNEY GENERAL

BY

John H. Emfinger Special Assistant Attorney General

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