Mississippi Advisory Opinions February 27, 1979: 19790227 (February 27, 1979)

Advisory Opinion Text

Mr. W. N. Lovelady

Chairman

Board of Trustees

Oxford Municipal Separate School District

Post Office Box 1156

Oxford, Mississippi 38655

Dear Mr. Lovelady:

Attorney General Summer has received your letter of request dated February 22, 1979, and has assigned it to me for research and reply.

In your letter you inquire as follows:

‘A question has arisen concerning absentee ballots in school board trustees elections. Please respond to the following question:

Do the laws of the State of Mississippi permit absentee ballots to be used in school board trustees elections held the first Saturday in March of each year?

Please respond to the above question as soon as possible so that we may be able to give an answer to this question by March 3, 1979.'

Section 37–7–217, Mississippi Code of 1972, as amended, sets forth the provisions for conducting an election of trustees in the added territory of a municipal separate school district, as well as, for consolidated district trustees. Said Section 37–7–217 provides, among other things, that ‘. . . the electors shall immediately organize (at 2:00 p.m., first Saturday in March) by electing a chairman and a secretary of the meeting and shall immediately thereupon proceed to elect the necessary number of trustees by secret written ballot from the list of candidates properly qualified .

The election, as above described, is to be conducted on a vastly different basis than a regular primary, general or special election where the county registrar or the city clerk (if a municipal election) is authorized to issue absentee ballots to those qualifying for such. No authority is granted to any public official to issue absentee ballots for election of trustees in the added territory of municipal separate school districts and consolidated school districts.

Very truly yours,

A. F. Summer, Attorney General.

George M. Swindoll, Assistant Attorney General.