Mississippi Advisory Opinions October 16, 1989: 19891016 (October 16, 1989)

Advisory Opinion Text

Honorable Walter Brown

Attorney

City of Natchez

Post Office Box 963

Natchez, MS 39121

RE: MUNICIPAL ELECTIONS

Dear Mr. Brown:

The Attorney General has received your letter of request and has assigned it to me for research and reply. Your letter states the following matter for consideration:

“The Mayor and Board of the City of Natchez has requested that I contact your office and pose the question of whether or not the City can hold a municipal election for the purpose of determining an issue other than those questions generally provided for by law such as election of candidates and bond issues.

Specifically, the City desires to conduct an election for the purpose of determining the feeling of the voters as to public improvements and other items which would eventually be the subject of a bond issue based upon the response of the voters at such an election.

Other issues which the Board might wish to submit to the voters in such an election would be the subject of consolidation of law enforcement and other governmental functions.

Can you please advise this office as to whether the City of Natchez has the authority to conduct such plebiscite or election for any of the aforementioned purposes.”

The state legislature has provided specific statutory methods for determining public opinion regarding bond issues.

These many bond issuance statutes, although they may vary in certain details, uniformly set out a procedure requiring the governing authority to publish notice of intent to issue bonds for some specific public purpose or purposes, and further provides the public an opportunity to petition for a binding election on a question of whether or not to issue such bonds for such purposes.

This office is of the opinion these statutes and procedures pre-empt the field with respect to the authority and circumstances of calling and conducting elections with respect to bond issues. It is therefore the opinion of this office that a city may not, except as provided in the pertinent statutes regarding the bond issues in question, appropriate public monies for the purposes of conducting a non-binding election on such matters.

However, with respect to the issue of consolidation of law enforcement and other governmental functions, or other issues falling within the city's jurisdiction and on which the legislature is silent regarding methods of determining the will of the electorate, this office is of the opinion the provisions of Home Rule, Mississippi Code Annotated § 21–17–5, as amended, provides sufficient flexibility and authority to conduct elections for such purposes provided it determines appropriation of public monies for such purposes is in the city's best interest.

With warm personal regards, I am

Sincerely,

Mike Moore, Attorney General.