Mississippi Advisory Opinions August 30, 1996: AGO 96-0396 (August 30, 1996)

Advisory Opinion Text

Honorable Jay Gore, III

Hickman, Sumners, Goza & Gore

P. O. Drawer 901

Grenada, MS 38901-0901

Re: Bond Issue Election

Dear Mr. Gore:

Attorney General Mike Moore has received your opinion request and has assigned it to me for research and reply. In your letter, a copy of which is attached for reference, you seek information on an election for a bond issuance, apparently pursuant to § 19-9-1 et seq., which will benefit only one supervisor's district. You specifically inquire, “According to the statute as written, who must vote in the election held when more than 20 percent of the electors within the supervisor's district file a petition opposing the issuance of a bond affecting only their district?”

In response, §19-9-3, Mississippi Code of 1972, Annotated, provides with regard to “beat” counties: “The board of supervisors of any county is authorized to issue negotiable bonds of any road district or supervisors district ...” The section goes on to say that, “All bonds issued pursuant to this section shall be issued in like manner and be subject to the same limitations and provisions as are set forth in Sections 19-9-1 to 19-9-31 with reference to the issuance of county bonds .” (Emphasis supplied).

It is our opinion that this section treats a road district as a separate entity for purposes of the elections and taxation provided for in §19-9-11, § 19-9-15 and § 19-9-9. Therefore only the voters of the district may participate in the election. See MS AG Op, Logan (October 12, 1992); cf.: §65-19-1. et seq .

Very truly yours,

Mike Moore, Attorney General.

Mike Lanford Assistant Attorney General.