Mississippi Advisory Opinions October 15, 1986: 19861015 (October 15, 1986)

Advisory Opinion Text

Mr. James N. Goodwin

Post Office Box 687

Booneville, Mississippi 38829

Dear Mr. Goodwin:

Attorney General Edwin Lloyd Pittman has received your letter of request and has assigned it to me for research and reply. Your inquiry states as follows:

Iuka, Mississippi is a Separate School District in Tishomingo County, Mississippi and the qualified voters in Iuka, Mississippi are allowed to vote in the general election for County Superintendent even though the County Superintendent does not have any authority in the Separate School District of Iuka, Mississippi. Further, the voters of the Separate School District pay no taxes into the County School System of Tishomingo County, Mississippi.

Please advise as follows:

(1) What is your opinion regarding this situation?

(2) What steps should be taken to correct this situation?

(3) Should this matter be pursued in Chancery Court or Circuit Court.

The Legislature has limited the Office of the Attorney General to rendering written legal opinions only to certain public officials as designated in Mississippi Code Annotated § 7-5-25 (Supp.1986) . Although we are unable to render you a legal opinion, for informational purposes only, we are providing you with a copy of an opinion addressed to Mr. James P. Dean and dated June 14, 1983 regarding elections for county superintendents of education.

Very truly yours,

Edwin Lloyd Pittman, Attorney General

Frankie Walton White, Assistant Attorney General