Mississippi Advisory Opinions October 12, 1979: 19791012 (October 12, 1979)

Advisory Opinion Text

Mr. Boyce N. Ball

President

Calhoun County Election Commissioners

Derma, Mississippi 38839

Dear Mr. Ball:

Attorney General Summer has received your letter of request dated October 5, 1979, and has assigned it to me for research and reply.

You submit the following, to-wit:

‘The Calhoun County Board of Supervisors have passed resolutions calling for an election on revenue bonds to be issued for an addtion to the County Nursing Home. They passed a similar resolution calling for an opinion poll as to whether the County should keep the Satelitte Prison in the County. The prison is under the sole control of the State Board of Corrections. I have not received petitions of twenty percent of the qualified electors asking for these elections.

‘It is my understanding of the law that both of these elections would be illegal. The Board of Supervisors have asked the Election Commission to call for an election on these matters and to have ballots printed. Because of the doubtful legality of these elections, I would like your written opinion as to whether we, the election commission, should call an election in these matters.’

You enclose with your request a copy of a Resolution of the Board of Supervisors of Calhoun County, Mississippi calling a special election to determine whether said county shall issue revenue bonds in an amount not to exceed Seven Hundred Fifty Thousand Dollars ($750, 000) for the purpose of providing funds with which to construct an addition to the Calhoun County Nursing Home in Calhoun City, Mississippi, and to remodel, equip and furnish such nursing home, including the addition thereto, and related facilities.

It appears that the aforesaid Resolution was adopted under the provisions of Section 41–13–1 through Section 41–13–53 and amendments thereto, Mississippi Code of 1972. The Board of Supervisors is lawfully authorized to call an election on the question of the issuance of such bonds based upon proper board proceedings in accordance with the cited statutory provisions.

We do not find statutory authority for holding an election on the question ‘Shall Calhoun County, Mississippi continue to support and maintain a Satellite Prison Facility in the County?’.

We direct your attention to the case of Gill v. Woods , 226 So.2d, 912, wherein the Supreme Court of the State of Mississippi stated ‘. . . the Board of Supervisors may not call an election at county expense to determine by an unofficial vote (straw vote) the will of the electorate ‘just for their information’. Howe v. State , 53 Miss. 57 (1876) . . .'.

We direct your attention to Section 19–3–55, Mississippi Code of 1972, which would appear to be authority for calling an election on the question of continuing the Satellite Prison Program, provided a petition signed by twenty-five percent (25%) of the qualified electors of the county is submitted requesting that the Board call such election. However, this Section does not authorize the calling of an election without the filing of such Petition.

For your information, however, in the past Boards of Supervisors have not been prohibited from taking an unofficial poll of the electorate (straw vote) without any additional cost to the county or expenditure of public funds. However, the results of such straw vote would not be binding. This would mean that funds other than public funds would have to be used to provide the ballots, boxes, etc.

With kindest regards, Very truly yours,

A. F. Summer Attorney General.

P. L. Douglas First Assistant Attorney General.