Mississippi Advisory Opinions June 17, 1987: AGO 000007950 (June 17, 1987)

AGO 000007950.

Dear Mr. Smith:

Attorney General Edwin Lloyd Pittman has received your letter of request and has assigned it to me for research and reply. A copy of your letter is attached hereto and incorporated herein by reference. To summarize, you request an opinion as to whether, in the upcoming primary election, the new voting precincts as ordered by the Pike County Board of Supervisors on January 14, 1987, and as approved pursuant to 5 of the Voting Rights Act of 1965, as amended, on June 5, 1987 may be utilized in conducting the election.

In your letter you specifically refer to Miss. Code Ann. 23-15-285 (Supp.1986; Special Pamphlet). The applicable portion of this section states that ". . . but no alteration of any supervisor's district or voting precinct shall take effect within two (2) months before an election to be held in the district or voting precinct. . . ."

Since the change in your voting precincts was ordered by the Board of Supervisors on January 14, 1987, and was approved by the United States Attorney General on June 5, 1987, it is the opinion of this office that 23-15-285 would not preclude the utilization of the new voting precincts in the August 4, 1987, primary elections. See, Miss. Code Ann. 1-3-29 (1972) and Langley v. State, 170 Miss. 520, 155 So. 682 (1934) 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

JHE:mfd Enclosure