Mississippi Advisory Opinions January 19, 1989: AGO 000008591 (January 19, 1989)

AGO 000008591.

Dear Mr. Smith:

Attorney General Mike Moore has received your letter requesting an opinion from this office and has assigned it to me for research and reply.

In your letter, you cite Section 23-15-367, Miss. Code Ann. (Supp. 1988), and in connection therewith ask the following questions, to-wit:

(1) Does Section 23-15-367 authorize placing the special bond election propositions on the same ballot as the general election candidates?

(2) If so, will the voter have to sign in on two sets of books at the polling place, one for the general election and one for the special bond issue election?

(3) A bond issue proposition must pass by a 60% majority "of those voting." May the Election Commissioners add the total of the "FOR" votes and the "against" votes for Proposition 1, for example, to see if the 60% majority was reached for Proposition 1, and then do the same for Proposition 2 and Proposition 3 by adding separately the "FOR"s and "AGAINST"s votes for each Proposition?

By opinion of this date to Mr. Wilbur Ward, Circuit Clerk of George County, Mississippi, which opinion is hereby readopted and enclosed herein, this office expressed its view that specific legislation would be required to authorize the placing of a bond issue proposition on a general election ballot.

Very truly yours,

MIKE MOORE, ATTORNEY GENERAL

By: Giles W. Bryant Special Assistant Attorney General

/jw