Mississippi Advisory Opinions May 26, 1993: AGO 93-0290 (May 26, 1993)

Advisory Opinion Text

Alderman Miriam N. Graves

10 Pecanwood Drive

Long Beach, Mississippi 39560

RE: NON–BINDING REFERENDUM ON GENERAL ELECTION BALLOT

Dear Ms. Graves:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. Your letter states:

“As an alderman for the City of Long Beach, the question has come before me from some of the constituents that I represent on the legality of having the following question placed on the upcoming general election ballot, realizing that it is non-binding.

‘Are you against or for the City of Long Beach leasing publicly owned property for the purpose of gaming?’ ”

Please see the enclosed copy of an opinion addressed to Honorable Walter Brown, Dated October 16, 1989. In that opinion we expressed our opinion that Mississippi Code Annotated § 21–17–5, as amended, provides sufficient flexibility and authority to conduct elections to determine the will of the electorate regarding issues falling within the city's jurisdiction and on which the legislature is silent provided the governing authorities determine that the appropriation of public monies for such purposes in the city's best interest.

As to whether the question may lawfully appear on a general election ballot, while Section 23–15–375 authorizes the placement of “local issue elections” on a general election ballot, it obviously is referring to binding rather than non-binding referenda. We find no specific prohibition against placing non-binding matters on a general election ballot and, as noted above, the legislature is silent on non-binding referenda concerning matters under the jurisdiction of the municipal governing authorities. Therefore, it is our opinion that said authorities may authorize the placement of such questions on a general election ballot pursuant to Section 21–17–5 .

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

Phil Carter, Assistant Attorney General