Mississippi Advisory Opinions February 19, 1985: 19850219 (February 19, 1985)

Advisory Opinion Text

Elections-Municipal

Honorable Jerry L. Mills

Attorney for City of Clinton

Post Office Box 23004

Jackson, Mississippi 39225-3004

Dear Mr. Mills:

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

Your letter states:

“As attorney for the City of Clinton, I have been requested to seek an official opinion on the following.

“Pursuant to § 67-3-9, Mississippi Code of 1972, Annotated, a petition was filed seeking an election as therein provided. The petition fell just short of containing the required 20% of the registered voters. We request your opinion on the following questions:

“1. May the petition, after having been presented, be supplemented with additional signatures?

“2. A second question arises as it appears from a review of the voting rolls that significant numbers of those persons registered to vote have moved from the city or, in some cases, died. The language of § 67-3-9 Mississippi Code Annotated requires 20% of 'the duly qualified voters of the city'. Are those who have moved from the city or who have died to be considered in determining whether the 20% requirement is met? If they are not to be included, what procedure should be utilized in identifying those and what action should be taken by whom to strike those names from the voting roll?”

Mississippi Code Annotated, § 67-3-9 (1972) provides in part:

“Any city in this state, having a population of not less than two thousand, five hundred (2, 500) according to the latest federal census, at an election held for the purpose, under the election laws applicable to such city, may either prohibit or permit the sale and the receipt, storage and transportation for the purpose of sale of beer of an alcoholic content of not more than four per centum (4%) by weight. An election to determine whether such sale shall be permitted in cities wherein its sale is prohibited by law shall be ordered by the city council or mayor and board of aldermen or other governing body of such city for such city only, upon the presentation of a petition to such governing board containing the names of twenty per centum (20%) of the duly qualified voters of such city asking for such election . In like manner, an election to determine whether such sale shall be prohibited in cities wherein its sale is permitted by law shall be ordered by the city council or mayor and board of aldermen or other governing board of such city for such city only, upon the presentation of a petition to such governing board containing the names of twenty per centum (20%) of the duly qualified voters of such city asking for such election . No election on either question shall be held by any one city oftener than once in five years.” (Emphasis added)

In response to your first question it is the opinion of this office that once the governing board rules that a petition for an election is insufficient, no supplemental signatures may be added to the original petition. Please see the attached copy of an opinion addressed to Mr. Billy D. Stroupe, dated February 11, 1982.

However, if the petition in question has not yet been adjudged insufficient by the governing board, municipal electors may add their names to said petition up until the time such adjudication is made.

In response to your second question, it is the opinion of this office that a voter's name may be removed from the registration and poll books only by act of the Municipal Election Commission at one of their regular meetings on dates which are set by statute. Please see the attached copies of opinions addressed to Mrs. Jo Ann O'Neal, dated May 5, 1977, Mr. Matre P. Pitalo, dated October 29, 1980 and Honorable Jeff Russell, dated October 6, 1983 respectively.

Very truly yours,

Edwin Lloyd Pittman, Attorney General