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2001 Mississippi Attorney General Reports and Opinions 1 (2001)

handle is hein.sag/sagms0074 and id is 1 raw text is: Mississippi Attorney General Opinions

Thomas B. Storey, Jr., Esquire
Office of the Attorney General
February 16, 2001
Office of the Attorney General
State of Mississippi
*1   Opinion No. 2001-0074
*1 February 16, 2001
Re: 2001 Elections and Annexation
*1 Thomas B. Storey, Jr., Esquire
*1 Attorneyfor City of West Point
*1 Post Office Box 835
*1 West Point, Mississippi 38773
Dear Mr. Storey:
*1 Attorney General Mike Moore has received your letter of request and assigned it to me for research and reply. Your letter states:
*1 The City of West Point has recently completed an annexation and a redistricting of its ward boundaries to include the new annexed territory in
accordance with the United States Justice Department guidelines.
*1 However, though pre-clearance as to both has been applied for, same has not been approved pursuant to Section 5 of the Voting Rights Act of
*1 I have a copy of an opinion issued by Phil Carter, Special Assistant Attorney General dated January 12, 2001, addressed to the City of
Batesville and would specifically request whether or not such opinion would also apply to the City of West Point.
*1 The Mayor and Board of Selectmen of the City of West Point are elected under a Special Charter. However, by a Consent Decree of the
United States District Court, the City was divided into five wards rather than four and one selectman is elected from each ward. The mayor is
elected by the city at large. Otherwise, our situation would be exactly the same as that of the City of Batesville.
*1 In MS AG Op., Mitchell (January 12, 2001), which is the opinion referred to in your letter, we cited MS AG Op., Myers (March 20, 1998) in which
we said that the provisions of Mississippi Code Annotated, Section 21-8-7 (Supp. 2000) which specifically applies to municipalities operating
under the mayor-council form of government, may be applied to a municipality operating under a special charter as the most analogous statutory
provisions regarding annexation, redistricting and voting.
*1 Therefore, in response to your specific question, the above cited opinions would be applicable to the City of West Point.
*1 Mike Moore
*1 Attorney General
*1 By: Phil Carter
*1 Special Assistant Attorney General


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