Mississippi Advisory Opinions September 26, 1984: 19840926 (September 26, 1984)

Advisory Opinion Text

Schools—Elections

Hon. Paul Kemp

Mayor

City of Hazlehurst

Post Office Box 549

Hazlehurst, Mississippi 39083

Dear Mr. Kemp:

Attorney General Pittman has received your letter of request dated September 14, 1984, and has assigned it to me for research and reply. Your inquiry states:

The Board of Trustees of the Hazlehurst Municipal Separate School District petitioned the City Administration to call an election for a $1, 500, 000.00 bond issue.

Now that the election was held, there are unpaid claims and the school board is asking our city to pay the same.

My question is, “Who pays the election costs?”

The calling of an election on the issuance of bonds is addressed in § 37-59-11, Mississippi Code of 1972, which provides:

Whenever either a certified copy of a resolution adopted by the board of trustees of a school district, or a petition signed by not less than ten per centum of the qualified electors of a school district, fixing the maximum amount of such bonds and the purpose or purposes, for which they are to be issued, shall be filed with the board of supervisors of the county or the governing authorities of the municipality, as the case may be, requesting that an election be called to determine whether or not the bonds of such school district shall be issued for any of the purposes enumerated in section 37-59-3, the board of supervisors of the county or the governing authorities of the municipality, as the case may be, within sixty days after receipt thereof, shall adopt a resolution calling an election to be held within such school district for the purpose of submitting to the qualified electors thereof the question of the issuance of bonds in the amount and for the purpose or purposes as set forth in such resolution or petition. The resolution calling such election shall designate the date upon which the election shall be held and the place or places within such district at which such election shall be held, which place or places may or may not be the school house or school houses in such district. (Emphasis supplied.)

In addition, § 37-59-13 requires the clerk of the board of supervisors or the clerk of the municipality to publish notice of such elections and the results of the bond election shall be certified under the provisions of § 37-59-17 by the election commissioners of the county or municipality.

The Office of the Attorney General is of the opinion that the election is to be held by the county or municipal governing authority and that they have the burden of paying all expense in connection with the election thus called.

If this office can be of further assistance to you, please let us know.

Yours very truly,

Edwin Lloyd Pittman, Attorney General