Mississippi Advisory Opinions April 16, 1979: 19790416 (April 16, 1979)

Advisory Opinion Text

Honorable John E. Shaw

Attorney at Law

Post Office Box 744

Kosciusko, Mississippi 39090

Dear Mr. Shaw:

Attorney General Summer has received your letter of request dated April 11, 1979, and has assigned it to me for research and reply.

You submit the following, to-wit:

‘This is to acknowledge and thank you for your assistance in our telephone conversation yesterday.

‘You will recall that we talked also about a place to vote and you remembered a supervisor purchasing a lot and building a small building where various hand tools were stored. This building was also used as a voting place on election day. You advised that this was done under the statute giving the general powers to the supervisors. I would appreciate hearing from you as to exactly which section of the Code you are speaking about. I have looked at Section 19–3–41, and I do not believe that this is the statute about which you spoke.

‘You will also recall that we talked about the election statute and the different polling places being at least thirty feet apart or as far apart as reasonable and practical. Perhaps I misunderstood you, but I thought you said your office had rendered an opinion under this statute concerning the reasonable and practical compliance with said statute. If this is correct, I would appreciate a copy of that opinion in order to go over same with my Board.’

Section 19–7–1, authorizes the Board of Supervisors to acquire by lease or purchase grounds and buildings and grants authority to erect buildings on grounds owned by the county or road district to be used in storing and preserving road machinery, trucks, teams or other county or road district property.

When practical, and upon compliance with the statute and Federal requirements for designating a polling place, such structure could, of course, be used for holding elections.

I do not find a specific opinion relating to your second inquiry. However, Section 3127 Appendix, Volume 6, Mississippi Code 1972, provides for the location of voting places when two or more political parties or political organizations are holding primary elections. The provisions of this statute should, of course, be complied with insofar as it is possible to do so.

With kindest regards, Very truly yours,

A. F. Summer, Attorney General.

P. L. Douglas First Assistant Attorney General.