Mississippi Advisory Opinions October 18, 1988: 19881018 (October 18, 1988)

Advisory Opinion Text

Mr. Rayburn Hillman

Circuit Clerk

Greene County

Leakesville, Mississippi 39451

Greene County referendum on beer and whiskey sales and November 8 general election

Dear Mr. Hillman:

Attorney General Mike Moore has received your letter of August 25, 1988, and has referred it to me for research and reply. In your letter you ask two questions which will be answered individually.

(1)

It is expected in the near future that Greene County will have a referendum on beer sales and whiskey sales in our county. If we do, can these questions be put on the November 8, 1988 General Election ballot.

Because specific election statutes provide that certain elections or questions will be included on the general election ballot, then all other local option elections or questions are excluded by implication from the general election ballot (see e.g., Miss.Code Ann. § 23-15-833 providing that special elections will be included on the general election ballot and Miss.Code Ann. § 25-15-359 providing that constitutional amendments and state-wide public measures will be included on the general election ballot). Therefore, a separate ballot for a separate election must be used in the referendum on beer sales and whiskey sales in Greene County on November 8, 1988.

(2)

Also, what percent of voters would be required on petition for beer, and what percent of voters on whiskey petition for us to call an election.

Miss.Code Ann. § 67-1-11 provides that the board of supervisors must call a local option election for a whiskey referendum upon presentation and filing of a petition signed by at least 20% or 1500, whichever is lesser, of the qualified electors of the county. For a beer referendum, the petition requires at least 20% of the qualified electors of the county, as specified in § 67-3-7.

If we may be of any further assistance, please let us know.

Sincerely,

Mike Moore Attorney General.