Mississippi Advisory Opinions September 28, 1994: AGO 94-0616 (September 28, 1994)

Advisory Opinion Text

John H. Cocke, Esquire

Attorney for Clarksdale Municipal School District

Post Office Box 1388

Clarksdale, Mississippi 38614

Re: School Bond Election

Dear Mr. Cocke:

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

“The Clarksdale Municipal School District is considering issuing bonds for the construction of a new high school and other repairs to existing structures. The issue has arisen as to who gets to vote on the proposed bond issue because of an unusual situation created by recent annexation.

When the City annexed property in the county several years ago, part of the annexation agreement was that the students living in the annexed areas would continue to go to the county school system and the annexed property would not be included in the Clarksdale School District. Accordingly, a number of voters in Clarksdale Municipal elections are not entitled to send their children to the Clarksdale School System.

The issue to which we would like an answer is the following:

Are the citizens of the City of Clarksdale, who reside in the annexed areas who are not entitled to send their children to the Clarksdale School System, entitled to vote on a bond issue election regarding the Clarksdale School District?

We preface our response to your request by stating that we have not seen the “annexation agreement” referred to in your letter and therefore cannot comment on the effect, if any, such agreement might have on general state law.

Chapter 59, Title 37, Mississippi Code Annotated (Revised 1990) is entitled “School Bonds and Obligations”. Section 37-59-15 is entitled “Conduct of Election” and provides in part:

“Such election shall be held upon order of the school board, as far as is practicable, in the same manner as other elections are held in such county or municipality. At such election, all qualified electors of such school district may vote. . . . .” (emphasis ours)

Sincerely,

Mike Moore, Attorney General.

Phil Carter, Assistant Attorney General.