Mississippi Advisory Opinions November 21, 1985: 19851121 (November 21, 1985)

Advisory Opinion Text

Mr. W. M. McMullan

Chairman

Newton County Election Commission

Greater Decatur Chamber of Commerce

Post Office Box 474

Decatur, Mississippi 39327

Dear Mr. McMullan:

The Office of the Attorney General is in receipt of your opinion request which states:

“I have an update from Dick Molpus, Secretary of State, in which he says: ' This year for the first time, Section 23-5-203, Mississippi Code, 1972, Anotated, (Supp. 1985), enacted in 1984, will be in effect. That statute designates the first Tuesday after the first Monday in November of each year as regular special election day.' He also includes a list of elections across the state for this date. Since that time our county school board has called for a bond election to be held on December 10, 1985.

“The question: Will this bond issue be legal? The board of supervisors has approved this election.”

It is the opinion of this office that the regular special election day designated in Section 23-5-203, Mississippi Code of 1972, Annotated, (1985 Supp.) is for the purpose of filling a vacancy in a county, county district, and district attorney elective offices. a school district bond election date is to be determined by Section 37-59-11 and Section 37-59-13, Mississippi Code of 1972, Annotated, which state:

Section 37-59-11:

“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.”

Section 37-59-13:

“Where an election is to be called, as provided in section 37-59-11, notice of such election shall be signed by the clerk of the board of supervisors or the clerk of the municipality, as the case may be, and shall be published once a week for at least three consecutive weeks, in at least one newspaper published in such county or municipality. The first publication of such notice shall be made not less than twenty-one days prior to the date fixed for such election, and the last publication shall be made not more than seven days prior to such date. If no newspaper is published in such county or municipality, then such notice shall be given by publishing the same for the required time in some newspaper having a general circulation in such county or municipality, as the case may be, and, in addition, by posting a copy of such notice for at least twenty-one days next preceding such election at three public places in such county or municipality.”

Very truly yours,

Edwin Lloyd Pittman Attorney General.