Mississippi Advisory Opinions August 16, 1996: AGO 000011471 (August 16, 1996)

AGO 000011471.

Dear Mr. Eskridge:

Attorney General Mike Moore has received your request for an official opinion and has assigned it to me for research and reply. Your letter you states in pertinent part:

Nettleton School District is a line school district located partly in Lee County and partly in Monroe County. Under the AUTH ority of Miss. Laws 1988, ch. 523, Section 2 (Which appears in the Code as the version of Section 37- 7-207(2) which is effective until Miss. Laws 1990, ch. 567, Section 1, is effectuated under Section 5 of the Voting Rights Act of 1965) the School Board of Nettleton School District (the board of trustees referred to in that statute) requested the boards of supervisors of the two counties to apportion the school district into five special trustees election districts. The apportionment was duly accomplished, creating five single-member election districts for the positions on the new school board, and ultimately approved or precleared by the United States Attorney General under Section 5 of the Voting Rights Act of 1965 on April 29, 1996. Under Miss. Code 1972 Section 37-7-207(2), therefore, five members of the School Board of the Nettleton School District will be elected to staggered terms at the general election on the first Tuesday after the first Monday in November, 1996.

The five new single-member election districts for board members were created without regard to the position of the county line. As it happens, one of those five is wholly located in Lee County (district 3), two are entirely in Monroe County (districts 2 and 5), and two are partly in each county (districts 1 and 4). You specifically inquire:

1. Does Section 37-7-229 require that the election commissioners of each county prepare separate lists of the qualified electors of each of the said single-member election districts who reside in each county election precinct containing part of the school district?

2. In the case of those single-member election districts which lie wholly in one of the two counties, does Section 37-7-225 require the Candidate to file his nominating petition with the election commission of the county in which that district lies, or in both counties, or may he choose to file in either?

3. In the case of those single-member election districts lying partly in both counties, does Section 37- 7-225:

a. Permit a Candidate to qualify with a single petition, signed by the minimum number of qualified electors who reside in the relevant single-member election district, regardless of whether the petitioners reside and vote in one county or the other?

b. If that single petition is acceptable, does the statue require that it be filed with the election commissioners of one county, either county, or both counties?

c. If filing in only one county is permitted, what steps are necessary to place the candidate's name on the ballot in the other county?

Miss. Code Ann. Section 37-7-229 provides, in pertinent part:

For the purposes of holding such election [consolidated or consolidated line school district], it shall be the duty of the county election commissioners to prepare from the records in the office of the county registrar a list of the qualified electors of the school district in which such election is to be held who are eligible to participate in such election. Such list shall be furnished to the election managers in each precinct, together with the ballots and other election supplies.

In the event that any election precinct embraces parts of two or more school districts it shall be the duty of the county election commissioners to prepare from the records in the office of the county registrar separate lists of the qualified electors of each school district who reside in said precinct and who are eligible to participate in such election. Said election commissioners shall furnish to the election managers in said precinct separate ballots and separate ballot boxes and separate voting lists for each school district....

Section 37-7-225 provides:

The county election commissioners shall place the name of any person eligible to hold the office of trustee on the ballot used in the election, provided that such Candidate shall have filed with said election commissioners, not more than ninety (90) days and not less than sixty (60) days prior to the date of such election, a petition of nomination signed by not less than fifty (50) qualified electors of the school district. Where there are less than one hundred (100) qualified electors in said district, it shall only be required that said petition of nomination be signed by at least twenty percent (20%) of the qualified electors of such school district. If such person be a candidate for an unexpired term, he shall indicate the term for which he is a candidate in such petition; otherwise he shall be deemed to be a candidate for a full term.

If after the time for Candidate to file the petition of nomination provided for herein there should be only one (1) person to qualify for the office of trustee, then no election or notice of election shall be necessary and such person shall, if otherwise qualified, be declared elected without opposition.

In response to your first question, Section 37-7-229 does require that the election commissioners of each county prepare separate lists of the qualified electors of each of the single- member election districts for each county election precinct containing part of the school district.

Regarding your second question, a Candidate for a single- member school district lying wholly within one of the two counties must file his or her qualifying petition with the election commission of the county in which the district lies.

Finally, for the single-member districts that lie partially in both counties, a Candidate may have a single qualifying petition signed by qualified electors of the district regardless of county in which they may reside. Such qualifying petition should be filed in the county in which the school superintendent's office is located. A Circuit Clerk verifying signatures on a petition should forward an official certification of the valid signatures to the Circuit Clerk and election commissioners of the other county for purposes of ensuring that the candidate's name appears on the appropriate ballots.

If this office can be of any further assistance, please let us know.

Very truly yours,

MIKE MOORE

ATTORNEY GENERAL

By:

Sandra M. Shelson

Special Assistant Attorney General