Mississippi Advisory Opinions March 07, 2008: No. 2008-00080 (March 7, 2008)
Collection: Mississippi Attorney General Opinions
Docket: No. 2008-00080
Date: March 7, 2008
Advisory Opinion Text
No. 2008-00080.
DOCK: 2008-00080
Dear Ms. Cochran:
Attorney General Jim Hood received your letter of request and assigned it to me for research and reply.
Background
You state that upon the purchase of the current voting system, Hinds County entered into an agreement for an annual payment for a warranty on said system.
Issue Presented
You ask whether, pursuant to Mississippi Code Annotated Section 23-15-393 (Revised 2007) the annual warranty payment may be made from the interest paid from the HAVA funds that were reimbursed to Hinds County for the purchase of the system.
Response
Whether the payment is authorized is a question of fact to be determined by the Hinds County Board of Supervisors subject to judicial review.
Applicable Law and Conclusion
Section 23-15-393 (2) provides in part:
The county board of supervisors of any county having a population greater than two hundred fifty thousand (250,000) according to the 2000 federal decennial census shall create a special fund to deposit any monies received by such county for reimbursement to comply with the "Help America Vote Act of 2002" for direct recording electronic voting equipment purchased within five (5) years preceding the effective date of this act. Monies deposited in such special fund shall be used by such county board of supervisors only to upgrade direct recording electronic voting equipment, to purchase additional voting equipment or to improve such voting equipment.
If the board of supervisors determines that the expenditure in question is for the purpose of upgrading direct recording electronic voting equipment or improving such voting equipment, the interest earned from the HAVA funds may be used to make such expenditure.
Sincerely,
JIM HOOD, ATTORNEY GENERAL
By: Phil Carter
Special Assistant Attorney General