Can a Mississippi city locate a polling place outside its city limits to align with the county?

Plain-English summary

Vicksburg had eleven precincts. One of its polling places stopped working, and the city wanted to use a replacement located just outside the city limits, partly to align Vicksburg's voting infrastructure with Warren County's. The city attorney asked whether that was lawful.

The AG: no. Municipal polling places must be within the municipal limits.

§ 23-15-557 lets municipalities divide themselves into voting precincts "of such size and location as is necessary." It also gives the election authority discretion to "locate and establish such polling places, without regard to precinct lines, in such manner as in the discretion of such authority will better accommodate the electorate and better facilitate the holding of the election." That language is permissive about precinct lines but does not extend to the city limits themselves. The 2015 Thomas opinion confirmed that Vicksburg's special charter is silent on the number of polling places, so § 23-15-557 controls. The 2016 St. Pé opinion held that a municipality could even create one precinct for the entire municipality, with one polling place. The 2022 Nailor opinion completes the picture: those polling places must be inside the city.

The opinion is concise and offers no statutory workaround for outside-city locations. The city has options to consolidate, reduce, or relocate polling places, but each option must stay within municipal limits.

What this means for you

If you serve as a city attorney or clerk for a Mississippi municipality

Under the opinion, when a polling place can no longer be used, its replacement must be within the municipal limits; the opinion holds there is no statutory authority to establish a municipal polling place outside the city. The opinion also reads § 23-15-557 to let the city locate polling places without regard to precinct lines and to reduce its number of precincts, even down to one precinct for the whole municipality (citing St. Pé).

If you serve on a city council deliberating polling-place changes

The opinion treats your § 23-15-557 discretion as broad on the number of precincts and the location of polling places "without regard to precinct lines," but holds that all municipal polling places must be within the city limits.

If you serve as a circuit clerk or county election commissioner

The opinion notes the City wished to align its precincts and polling places with Warren County. Aligning precinct lines is within the city's § 23-15-557 discretion, but the opinion holds a municipal polling place still cannot be located outside the city limits, even at a convenient county facility just over the line.

If you are a voter wondering why your polling place changed

Under the opinion, your municipal polling place must be within the city limits. A move to another building inside the city is within the city's § 23-15-557 discretion; the opinion holds a location outside the city limits is not permitted.

Common questions

Q: Can a city share a polling place with the county?
A: The opinion does not bar a shared facility as such; its holding is geographic. A municipal polling place must be within the city limits, so a facility the city uses has to be inside the city.

Q: Can the city establish only one polling place for all voters?
A: Yes. The opinion reads § 23-15-557 to authorize a municipality to create one precinct for the entire municipality, with a single polling place, citing the St. Pé opinion.

Q: Why does Mississippi require in-city polling, according to the opinion?
A: The opinion states there is "no statutory authority to establish a municipal polling place outside the municipal limits" and that "all municipal polling places must be within the City limits." It does not reach beyond that statutory point.

Q: Can Vicksburg's special charter override § 23-15-557?
A: The opinion relies on the Thomas opinion, which concluded Vicksburg's special charter is silent on the number of polling places, so the general law (§ 23-15-557) applies. The opinion does not identify any charter provision authorizing a polling place outside the city.

Background and statutory framework

Mississippi's municipal election framework rests on § 23-15-557. The opinion reads § 23-15-557 to give municipalities flexibility on the number of precincts and to locate polling places "without regard to precinct lines," while holding that all municipal polling places must be within the city limits. Because Vicksburg's special charter is silent on the number of polling places (per Thomas), the general law applies.

The AG opinions on the topic build a clean line: municipalities can have many precincts or one (St. Pé 2016), can have polling places that do not match precinct lines (general law), can use the city's own facilities or rented facilities, but cannot cross the city limit (Nailor 2022).

Citations

• Miss. Code Ann. § 23-15-557 (municipal precincts and polling places)
• MS AG Op., Thomas (Aug. 21, 2015) (Vicksburg special charter silent on polling-place number)
• MS AG Op., St. Pé (Apr. 22, 2016) (a single municipal polling place is permissible)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2022/11/K.Nailor-November-23-2022-Polling-Place-Outside-City-Limits.pdf

Original opinion text

November 23, 2022
Kimberly Nailor, Esq.
Attorney, City of Vicksburg
Post Office Box 150
Vicksburg, Mississippi 39181
Re:

Polling Place Outside City Limits

Dear Ms. Nailor:
The Office of the Attorney General has received your request for an official opinion.

Background
According to your request, the City of Vicksburg ("City") currently has eleven precincts, one of
which has a polling place that can no longer be used. You state that the City wishes to align its
voting precincts and polling places to coincide with Warren County. A replacement polling place
for the one that can no longer be used has been suggested; however, it is outside the City limits.
Question Presented
Does the City have the authority to establish a polling place for City voters outside of the City
limits?

Brief Response
No. While a municipality has the discretion to locate polling places without regard to precinct
lines, all municipal polling places must be within the municipal limits.
Applicable Law and Discussion
Section 23-15-557 of the Mississippi Code provides:
The governing authorities of any municipality within the State of Mississippi are
hereby authorized and empowered, in their discretion, to divide the municipality
into a sufficient number of voting precincts of such size and location as is necessary,

and there shall be the same number of polling places. The authority conducting an
election shall not be required, however, to establish a polling place in each of said
precincts, but such election authorities, whether in a primary or in a general
election, may locate and establish such polling places, without regard to precinct
lines, in such manner as in the discretion of such authority will better accommodate
the electorate and better facilitate the holding of the election.
We understand that the City of Vicksburg is governed by a special charter, which gives the
governing authority discretion in establishing the number of voting precincts in the City. MS AG
Op., Thomas at 1 (Aug. 21, 2015). We have previously opined that because Vicksburg's special
charter is silent on the number of polling places, the general law, Section 23-15-557, requiring the
City to establish polling places equal to the number of precincts applies. Id.
We have also opined that Section 23-15-557 authorizes a municipality to create one precinct for
an entire municipality, in which case there would be only one polling place for all qualified electors
to cast their ballots. MS AG Op., St. Pé at 1 (Apr. 22, 2016). Similarly, because the City of
Vicksburg has the authority to establish as many precincts in each ward as necessary for the
convenience of the electors, the City has the discretion to reduce its number of precincts. However,
there is no statutory authority to establish a municipal polling place outside the municipal limits.
All municipal polling places must be within the City limits.
If this office may be of any further assistance to you, please do not hesitate to contact us.
Sincerely,
LYNN FITCH, ATTORNEY GENERAL
By:

/s/ Beebe Garrard
Beebe Garrard
Special Assistant Attorney General