Mississippi Advisory Opinions March 25, 1983: 19830325 (March 25, 1983)

Advisory Opinion Text

Elections - Commissioners

Mrs. Alice Herron

Chairman

Scott County Election Commission

Route 2, Box 269

Forest, Mississippi 39074

Dear Mrs. Herron:

Attorney General Allain has received your letter of request and has assigned it to me for research and reply.

Your letter states:

“Recently a question has arisen concering the printing of the ballots in Scott County.

“Previously the County Board of Supervisors have handled all of the County's printing except the ballots. This was handled by the Chairman of the Democratic Executive Committee for Democratic Primaries and by the Chairman of the Election Commission for the General and Special Elections.

“When the Board of Supervisors bids off its' printing, does this include the printing of the ballot or does the Election Commission have the authority to let the lowest bidder print the ballot?

“Also is the County Board of Supervisors required to accept the lowest bid, if it is of equal quality?”

In response to your inquiry, please see the enclosed copy of an opinion addressed to Mrs. Sallie Gough, dated November 11, 1975.

In summary, that opinion cites statutes which require the chairman of the election commission to have the ballots printed and states that the commission is not required to advertise for bids for the printing of ballots but the price obtained, by bidding or otherwise, must be reasonable under the circumstance. It further states that the county would be required to pay the reasonable cost involved.

We point out that the public purchases laws have been amended since the Gough opinion was issued. Mississippi Code Annotated § 31-7-13 (Supp. 1982) provides that purchases which do not involve an expenditure of more than $500.00 may be made without advertising or requesting bids. Said statute further provides that purchases which do not involve an expenditure of more than $1, 500.00 may be made from the lowest and best bidder without publishing or posting advertisement for bids, provided at least two competitive written bids have been obtained.

Very truly yours,

Bill Allain, Attorney General