Mississippi Advisory Opinions December 01, 2017: AGO 2017-00369 (December 01, 2017)

Advisory Opinion Text

AUTH: Beebe Garrard

RQNM: Sara Carlson Dionne

SUBJ: Elections - General

SBCD: 67

TEXT: Sara Carlson Dionne, Chairman

Warren County Election Commission

Post Office Box 351

Vicksburg, MS 39181

Re: School Bond Election

Dear Ms. Dionne:

Attorney General Jim Hood has received your opinion request and assigned it to me for research and reply.

Issues Presented

According to your request, the Vicksburg Warren Special Municipal School District, which encompasses all of Warren County, is considering asking the voters to approve a bond issue. You ask the following questions:

1) Should the election be run by the Warren County Election Commission, or the City of Vicksburg Election Commission?

2) Would the date of the election be restricted in any way?

3) If run by the county, could it be on the same day as the June Primary, or the November General Election?

Response

Response 1 . The election for a school bond issue for a school district that encompasses the entire county should be conducted by the county election commission.

Response 2 . Provided that the notice and proper procedural requirements are met, the date of the election is not restricted.

Response 3 . The election can be held on the same day as the June Primary or the November General Election.

Applicable Law and Discussion

Section 37-59-15 provides that a school bond election is to be held “in the same manner as other elections are held in such county or municipality.” When asked about an election for a school district that was largely contained within the municipality but included some additional territory outside the corporate limits, our office opined that in that situation, the election was primarily a municipal election and should, therefore, be conducted by the municipal election commission. MS AG Op., Exum-Petty (February 11, 2000). In 2012, Senate Bill 2074 amended Section 37-7-217 to provide that the county election commissioners are to conduct elections for special municipal separate school board members.

We further note that the Mississippi Supreme Court has held that statutory provisions that are indicative of a cognate subject matter regarding certain elections are also applicable to other elections when statutes governing such elections are silent on the matter. MS AG Op., Brock (May 31, 2013) citing Lopez v. Holleman , 69 So.2d 903 (Miss. 1954).

Section 37-7-209 provides that the election of municipal separate school district trustees shall be held and conducted in the manner and at the time provided for in Section 37-7-211 through 37-7-219.

Section 37-7-217 requires county election commissions to conduct the election of municipal separate school district trustees. This, in our opinion, is indicative of the cognate subject matter of municipal school district elections generally and, therefore, is applicable to municipal school district bond elections. Following the rationale of the Exum-Petty Opinion and consistent with the legislative intent of Section 37-7-217, a school bond election for a school district that encompasses an entire county is primarily a county election and should be conducted by the county election commission.

According to Section 37-59-11(2), the resolution calling for the election on the issuance of bonds “shall designate the date upon which the election shall be held.” However, please note that should the election be held the same day as the June primary, separate ballot boxes and separate receipt books (sign in booklets) must be used. MS AG Op., McFatter (October 24, 2003) citing Barnes v. Barnett , 129 So.2d 638 (Miss. 1961).

If we may be of further service, please let us know.

Very truly yours,

JIM HOOD, ATTORNEY GENERAL

Beebe Garrard, Special Assistant Attorney General