When a Mississippi mayor-council city redistricts after the census, do the new ward lines take effect right away or wait until the next election?

Subject

Effective Date of New Ward Lines Following Redistricting

Recipient

Jeffrey S. Bruni, Esq., Attorney, City of Gulfport

Plain-English summary

Gulfport operates under the mayor-council form of government, which falls under Section 21-8-7. After each decennial census, that statute makes it the council's mandatory duty to pass a redistricting ordinance reflecting the new population. The city attorney asked: if the census data was published more than six months before the first municipal primary, can the new ward boundaries serve immediately as the basis for representation, or must the city wait until the next regularly scheduled city council election?

The AG's answer: immediately. Section 21-8-7(4)(c)(i) sets the timing for adopting a redistricting ordinance, including a deadline of not less than sixty days before the primary when census data is published six or more months before the primary. Section 21-8-7(4)(c)(ii) supplies an exception: when census data is published less than six months before the first primary, the election runs on the existing wards and the reapportioned wards do not serve as the basis for representation until the next regularly scheduled council election. The AG read the "wait until next election" deferral as tied specifically to that late-publication scenario, not to the general redistricting process.

So when the census comes out at least six months ahead of the primary, subsection (c)(i) controls, and the reapportioned wards become the basis for representation effective immediately upon adoption by the council.

What this means for you

City attorneys preparing redistricting ordinances

The opinion holds that when census data is published six or more months before the first primary, the reapportioned wards become the basis for representation immediately upon the council's adoption of the ordinance. The opinion ties the sixty-day-before-primary deadline in Section 21-8-7(4)(c)(i) to the municipal primary qualifying timeframe in Section 23-15-309, so candidates qualify under the new wards when the boundaries are timely adopted.

City councilmembers in mayor-council cities

Under the opinion, where the timing condition in subsection (c)(i) is met, the reapportioned wards take effect upon adoption rather than waiting for the next election. The opinion does not address the practical consequences of a mid-term change in ward boundaries.

City officials and election staff

The opinion resolves only the timing question: immediate effectiveness upon adoption when census data is published six or more months before the primary, versus deferral to the next regular election when publication is less than six months before the primary. It does not address voter-roll administration or other election-administration steps.

Citizens

The opinion holds that, when the timing condition is met, the new wards become the basis for representation as soon as the council adopts the ordinance, rather than at the next election. Whether your ward changed depends on the redistricting ordinance your city adopted after the census.

Other forms of municipal government

The opinion applies to mayor-council municipalities under Section 21-8-7. It did not address the redistricting provisions for other forms of municipal government, which are governed by their own statutes.

Common questions

What is the "first party primary"?
A primary election held by a political party to select its nominee for the general municipal election. Section 23-15-309 controls municipal primaries.

What is the sixty-day deadline?
Under Section 21-8-7(4)(c)(i), if census data is published six or more months before the first party primary, the council must adopt the redistricting ordinance "not less than sixty (60) days before the first party primary." The opinion notes this corresponds with the timeframe in Section 23-15-309, so candidates can qualify under the new wards.

Does the redistricting ordinance need mayoral approval? No. Section 21-8-7(4)(c)(i) makes redistricting "the mandatory duty of the council" and provides that the ordinance "may not be vetoed by the mayor."

What if the ordinance gets challenged?
The opinion does not address judicial review of redistricting ordinances. It resolves only the timing question presented.

What about boundary expansions (annexation) instead of the decennial census? Section 21-8-7(4)(c)(i) also addresses redistricting after the effective date of an expansion of municipal boundaries, applying the same six-month framing. The ordinance is the council's mandatory duty within six months of either the census publication or the boundary-expansion effective date.

What does "basis for representation" mean?
The wards used to elect councilmembers and to define each member's constituency. Once the reapportioned wards are the basis for representation, the council's representational structure uses those wards.

Background and statutory framework

Section 21-8-7(4)(c)(i) governs redistricting for Mississippi mayor-council municipalities:

It shall be the mandatory duty of the council to redistrict the municipality by ordinance, which ordinance may not be vetoed by the mayor, within six (6) months after the official publication by the United States of the population of the municipality as enumerated in each decennial census, and within six (6) months after the effective date of any expansion of municipal boundaries; however, if the publication of the most recent decennial census or effective date of an expansion of the municipal boundaries occurs six (6) months or more before the first party primary of a general municipal election, then the council shall redistrict the municipality by ordinance not less than sixty (60) days before the first party primary.

Subsection (c)(ii) is the exception:

If the publication of the most recent decennial census occurs less than six (6) months before the first primary of a general municipal election, the election shall be held with regard to the existing defined wards; reapportioned wards based on the census shall not serve as the basis for representation until the next regularly scheduled election in which council members shall be elected.

The AG read these together: subsection (c)(ii)'s "next regularly scheduled election" deferral applies only when census publication occurs less than six months before the primary. When publication is six or more months before the primary, subsection (c)(i) controls, and the reapportioned wards become the basis for representation effective immediately upon adoption.

The sixty-day-before-primary deadline corresponds with Section 23-15-309, which controls municipal primaries, so that candidates can qualify under the newly reapportioned wards when those boundaries are timely available, while the prior boundaries govern elections that come up too quickly to redistrict.

Citations

• Miss. Code Ann. § 21-8-7(4)(c)(i) (mayor-council redistricting after decennial census or boundary expansion)
• Miss. Code Ann. § 21-8-7(4)(c)(ii) (exception when census publication is less than six months before primary)
• Miss. Code Ann. § 23-15-309 (municipal primaries and candidate qualifying)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2023/07/J.Bruni-July-20-2023-Effective-Date-of-New-Ward-Lines-Following-Redistricting.pdf

Original opinion text

July 20, 2023

Jeffrey S. Bruni, Esq.
Attorney, City of Gulfport
2309 15th Street
Gulfport, Mississippi 39501
Re:

Effective Date of New Ward Lines Following Redistricting

Dear Mr. Bruni:
The Office of the Attorney General has received your request for an official opinion. Question Presented

Does a municipality, operating under the mayor/council form of government, have any authority to act to make the reapportioned wards serve immediately as the basis for representation when the census data was published more than six months prior to the first municipal primary, or must the municipality wait until the next regularly scheduled election for the reapportioned wards to serve as the basis for representation? Brief Response If census data is published six months or more before the first municipal party primary, those reapportioned wards become the basis for representation effective immediately upon adoption by the council. Applicable Law and Discussion According to Section 21-8-7(4)(c)(i) of the Mississippi Code, which applies to mayor/council municipalities such as the City of Gulfport: It shall be the mandatory duty of the council to redistrict the municipality by ordinance, which ordinance may not be vetoed by the mayor, within six (6) months after the official publication by the United States of the population of the municipality as enumerated in each decennial census, and within six (6) months after the effective date of any expansion of municipal boundaries; however, if the publication of the most recent decennial census or effective date of an expansion of the municipal boundaries occurs six (6) months or more before the first party primary of a general municipal election, then the council shall redistrict the municipality by ordinance not less than sixty (60) days before the first party primary.

(ii) If the publication of the most recent decennial census occurs less than six (6) months before the first primary of a general municipal election, the election shall be held with regard to the existing defined wards; reapportioned wards based on the census shall not serve as the basis for representation until the next regularly scheduled election in which council members shall be elected. (emphasis added). We understand you are asking whether the emphasized phrase above applies to Subsection (c)(i) or whether it is limited to Subsection (c)(ii). Subsection (c)(i) provides the general rule: the city council must adopt a redistricting ordinance within six months of the official publication of census numbers and within six months of any municipal expansion. Subsection (c)(i) also provides an additional time frame: if the publication of census data or the effective date of municipal expansion is six months or more before the first party primary of the general municipal election, the council must adopt the redistricting ordinance not less than sixty days before that primary date. This sixty-day deadline corresponds with the timeframe in Section 23-15-309, "Municipal primaries," and, therefore, candidates are able to qualify for the municipal primary under the newly reapportioned wards. Section 21-8-7(4)(c)(ii) provides an exception to the general rule in Subsection (c)(i) if the publication of census data occurs less than six months before the first primary. In that case, the election is held using the ward boundaries prior to publication of census data, and the new reapportioned wards do not serve as the basis for representation until the next election for city council members. The exception in Section 21-8-7(c)(ii) applies only if the publication of census data occurs less than six months before the primary and does not address situations in which the census data is published six months or more before the first primary of the general municipal election. Accordingly, it is the opinion of this office that if census data is published six months or more before the first municipal party primary, those reapportioned wards become the basis for representation effective immediately upon adoption by the council. 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