Mississippi Advisory Opinions July 12, 1989: 19890712 (July 12, 1989)

Advisory Opinion Text

June 10, 1988

Thomas L. Stennis, Esquire

Attorney for Jackson County

Board of Supervisors

Post Office Box 998

Pascagoula, Mississippi 39567

Attorney General Mike Moore

P.O. Box 220

Jackson, MS 39205–0220

Attention: Mr. John Emfinger

Re: Printing of Ballots for Election Purposes

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. A copy of your letter is attached for reference.

The specific question presented in your request is whether the printing of election ballots is controlled by the purchasing and bid laws of the State.

In an opinion addressed to Mrs. Sallie Gough, dated November 11, 1975 we said that we found no requirement for competitive bidding for the printing of ballots. However, as we pointed out in an opinion addressed to Mrs. Alice Herron, dated March 25, 1983, since Gough was issued the purchasing and bid laws have been amended. Under current law political subdivisions as well as state agencies are required to follow certain purchasing procedures. Mississippi Code Annotated s 31–7–13 (Supp.1988) as amended by Chapter 394, Laws, 1989 provides in part:

“All agencies and governing authorities shall purchase their commodities and printing, contracts for fire insurance, automobile insurance, casualty insurance (other than workers' compensation) and liability insurance, and shall contract for public construction as herein provided. (emphasis added)

(a) Purchases which do not involve an expenditure of more than Five Hundred Dollars ($500.00), exclusive of freight or shipping charges, may be made without advertising or otherwise requesting competitive bids. Provided, however, that nothing contained in this paragraph shall be construed to prohibit any agency or governing authority from establishing procedures which require competitive bids on purchases of Five Hundred Dollars ($500.00) or less.

(b) Purchases which involve an expenditure of more than Five Hundred Dollars ($500.00) but not more than Two Thousand Five Hundred Dollars ($2, 500.00), exclusive of freight or shipping charges, may be made from the lowest and best bidder without publishing or posting advertisement for bids, provided at least two (2) competitive written bids have been obtained. The term “competitive written bid” shall mean a bid submitted on a bid form furnished by the buying agency or governing authority and signed by authorized personnel representing the vendor, or a bid submitted on a vendor's letterhead or identifiable bid form and signed by authorized personnel representing the vendor.

(c) Purchases which involve an expenditure of more than Two Thousand Five Hundred Dollars ($2, 500.00), exclusive of freight or shipping charges, may be made from the lowest and best bidder after advertising for competitive sealed bids once each week for two (2) consecutive weeks in a regular newspaper published in the county or municipality in which such agency or governing authority is located, and, further, that the date as published for the bid opening shall not be less than five (5) working days after the last published notice........

(k) If the governing authority, or the governing authority acting through its designee, shall determine that an emergency exists in regard to the purchase of any commodities or repair contracts, so that the delay incident to giving opportunity for competitive bidding would be detrimental to the interest of the governing authority, then and in such event, the provisions herein for competitive bidding shall not apply and any officer or agent of such governing authority having general or special authority therefor in making such purchase or repair shall approve the bill presented therefor, and he shall certify in writing thereon from whom such purchase was made, or with whom such a repair contract was made. At the board meeting next following the emergency purchase or repair contract, documentation of the purchase or repair contract, including a description of the commodity purchased, the price thereof and the nature of the emergency shall be presented to said board and shall be placed on the minutes of the board of such governing authority.”

In response to your question we find nothing that would exempt the printing of ballots from the general bid requirements as outlined above. However, in cases where the cost of the printing of ballots is $500.00 or less there would no requirement to obtain any competitive bids. In cases where such cost is more than $500.00 but not more than $2, 500.00 there would be no requirement to advertise for competitive bids but two (2) competitive written bids must be obtained in accordance with section 31–7–13(b) . If the cost of the printing of ballots exceeds $2, 500.00 competitive bids must be advertised for in accordance with section 31–7–13(a) .

There are certain exceptions to the above stated requirements. If, because of time constraints or other reasons it is determined, consistent with the facts and in strict accordance with section 31–7–13(k) that an emergency exists so that the delay incident to giving opportunity for competitive bidding would be detrimental to the interest of the governing authorities the competitive bid requirements could lawfully be dispensed with. Documentation of any such purchase including a description of the commodity purchased, the price thereof and the nature of the emergency must be presented to the board of the governing authority and placed on the minutes of the first meeting following the purchase.

Also, the paper for and the printing of ballots for certain types of voting systems may be available from one source only in which case such purchase would be exempt from the bid requirements provided a certification of the conditions and circumstances requiring the purchase is filed with the board of the governing authority and said board authorizes the purchase in writing. The board is further required to note such authorization on the minutes of its next regular meeting. See section 31–7–13(m)(viii) and the first unnumbered paragraph following subsection (m)(xvi).

Sincerely,

Mike Moore Attorney General.

ATTACHMENT

Dear John:

We have recently been advised by Joe Martin, Circuit Clerk of Jackson County, Mississippi, that he had talked with you and James Grayson, State Audit Department, and that you advised him that for printing of ballots we do not have to, in any way, comply with the purchasing laws of the State of Mississippi. Please be advised that we have an opinion written by Phil Carter, stating that due to the time constrants relative to elections that although we did not have the time to bid for these items that we still had to get the written quotes from more than one if it was over the statutory amount of $500.00. Please be advised that if this has changed we would like a written opinion from you stating same.

We appreciate your immediate consideration in this matter.

Sincerely, Thomas L. Stennis.