MS 2023-07-J-Bruni-July-20-2023-Effective-Date-of-New-Ward-Lines-Following-Redistricting July 20, 2023

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?

Short answer: If census data is published six months or more before the first municipal party primary, the reapportioned wards become the basis for representation effective immediately upon council adoption. Only if census data publication falls less than six months before the primary do the new wards have to wait until the next regular city council election.

Disclaimer: This is an official Mississippi Attorney General opinion. AG opinions are persuasive authority but not binding precedent. This summary is for informational purposes only and is not legal advice. Consult a licensed Mississippi attorney for advice on your specific situation.

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 means it falls under Section 21-8-7. After each decennial census, that statute mandates that the council 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 does the city have to wait until the next regularly scheduled city council election?

The AG's answer: immediately. Section 21-8-7(4)(c)(i) sets out the timing requirements for adopting a redistricting ordinance, including a sixty-day-before-primary deadline when census data is published six or more months before the primary. Section 21-8-7(4)(c)(ii) supplies the exception: when census data is published less than six months before the first primary, the election runs on the old wards and the new boundaries do not take effect for representation until the next regular election. The "wait until next election" rule is therefore tied specifically to the late-publication scenario, not to the general redistricting process.

So if the census comes out at least six months ahead of the primary, the council does its job, adopts the ordinance, and the ordinance is effective. The new wards are the basis for representation from that point forward.

What this means for you

City attorneys preparing redistricting ordinances

When the publication of census data for your city happens six or more months before the next primary, plan for an ordinance that takes effect on adoption. That means the candidate-qualifying period and the primary itself need to use the new ward boundaries. Coordinate the redistricting timeline with Section 23-15-309's primary qualifying period (sixty days before the primary, the same point Section 21-8-7(4)(c)(i) targets).

City councilmembers in mayor-council cities

If the census says your ward gained or lost population, and the new ordinance puts you in different territory, you start representing the new territory immediately upon adoption. That can mean a mid-term shift in the constituents you serve. Communicate the change to residents.

Election commissioners and county clerks

When a city redistricts and the new ward lines take effect mid-term, voter rolls have to be updated to reflect the new ward assignment. Coordinate with the city to get the boundary data and process changes ahead of the next election cycle.

Citizens

If your address ended up in a different ward after the most recent census-driven redistricting, your council representative may have changed, even if there has not been an election. The change is supposed to be reflected in your voter records and on any official communication that lists your ward.

Code-charter cities (commission, council-manager, etc.)

This opinion specifically applies to mayor-council municipalities under Section 21-8-7. Other forms of municipal government are governed by their own redistricting provisions (Section 21-3-7 for code charter, Section 21-7-13 for commission, Section 21-9-7 for council-manager). The general "publication-vs-primary timing" framework is similar across forms, but check the exact statute that applies to your city.

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 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." That sixty-day window aligns with the primary candidate-qualifying period under Section 23-15-309.

Does the redistricting ordinance need any other approval?
Section 21-8-7(4)(c)(i) makes redistricting "the mandatory duty of the council" and says the ordinance "may not be vetoed by the mayor." So mayoral approval is not required.

What if the ordinance gets challenged?
A challenge is litigated in court. The AG opinion does not address judicial review of redistricting ordinances; the standard would involve compliance with state law, federal Voting Rights Act considerations, and constitutional one-person-one-vote principles.

What about boundary expansions (annexation) instead of decennial census?
Section 21-8-7(4)(c)(i) also addresses redistricting after the effective date of an expansion of municipal boundaries. The same six-month rule applies. The ordinance is mandatory 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. Once new wards are the basis for representation, all future elections (and the council's representational structure) use 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 ordinance becomes effective on adoption.

The sixty-day-before-primary deadline aligns with Section 23-15-309, which controls municipal primary candidate qualifying periods. The structure ensures candidates qualify under the new ward boundaries when those boundaries are timely available, while preserving the prior boundaries for 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

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