Mississippi Advisory Opinions October 01, 1987: 19871001 (October 01, 1987)

Advisory Opinion Text

Honorable Reece Nunnery

Amite County Chancery Clerk

Post Office Drawer J

Liberty, Mississippi 39645

Dear Mr. Nunnery:

Attorney General Edwin Lloyd Pittman has received your letter of request and has assigned it to me for research and reply. In your letter you ask three specific questions regarding elections held pursuant to Chapter 310 of the 1987 Laws of Mississippi. We will address them in order below.

QUESTION NO. 1 : What Mississippi Statutes govern the calling of the election, the number of times notice is published, the style of the ballot, etc.?

RESPONSE : Section 7(1) of Chapter 310 provides authority for the Board of Supervisors of any county to call a special election on the question of the levy of an emergency telephone service charge. Such elections are required to be conducted at the same time as a regularly scheduled election in the county. There are no specifics provided however as to the notice required or the manner in which the election is to be conducted. We must assume that it was the intent of the legislature that the election be held as otherwise provided by law.

In Simpson v. Burkett , 178 Miss. 44, 172 So. 329 (1937), the Mississippi Supreme Court held that where a statute provides for a matter to be submitted to the voters of the entire county but is silent as to the notice necessary to be given, one must apply such election laws as bear the closest analogy to the election provided for under the statute. In that case the court applied what is now codified as Miss. Code Ann. § 19-3-55 (1972) to a referendum on the sale of beer and light wines within the county. It is our opinion that this provision is likewise applicable to the elections provided for by Chapter 310.

Accordingly thirty (30) days notice of the election should be given by publication in a newspaper having a general circulation within the county. The ballot should have a substantial synopsis of the proposition as required by § 19-3-57 and should have printed below the words, ‘For the Proposition’; and the words, ‘Against the Proposition.’

QUESTION NO. 2 : How many days prior to the election does the Board have to declare its intention to call said election?

RESPONSE : Since Chapter 310 is silent on this point, we are of the opinion that the board need only declare its intention in sufficient time to have the matter published for at least thirty (30) days preceding the election.

QUESTION NO. 3 : Does Section 19-3-55 of the Mississippi Code as amended control an election of this nature?

RESPONSE : It is obvious from our responses above that we feel Miss. Code Ann. § 19-3-55 (1972) and § 19-3-57 (1972) are applicable to the election provided by Chapter 310.

Should you have any questions or if we may be of further assistance, please do not hesitate to contact this office.

Sincerely,

Edwin Lloyd Pittman, Attorney General.

John H. Emfinger Special Assistant Attorney General.