Mississippi Advisory Opinions March 21, 1989: 19890321 (March 21, 1989)

Advisory Opinion Text

Kirk Moore, Esquire

Senatobia Municipal School District

304 West Tate

Senatobia, MS 38668

Dear Mr. Moore:

Attorney General Mike Moore has received your letter requesting an opinion and has assigned it to me for research and reply.

You present for opinion the questions of which statutes govern the holding of elections for trustees of separate municipal school districts and whether electors can vote absentee ballots in such elections.

Section 37–7–203(1), Mississippi Code of 1972, provides for the selection, term of office and qualifications of trustees of municipal separate school districts. Section 37–7–203(1) is specifically referred to in Section 37–7–209, Miss.Code Ann. (Supp.1988) which sets forth the statutes which govern the holding of such trustee elections. The precise language of Section 37–7–209, supra, is as follows:

“All elections of trustees who are elected under the provisions of subsection (1) of section 37–7–203 shall be held and conducted in the manner and at the time provided for in sections 37–7–211 to 37–7–219.

Accordingly, it is the opinion of this office that elections for trustees of municipal separate school districts are to be held in accordance with the above statutes rather than under the general election law.

With regard to your second inquiry concerning the use of absentee ballots in school trustee elections conducted under Sections 37–7–211 to 37–7–219, as you point out in your letter, the last sentence of Section 37–7–219, Mississippi Code of 1972 states as follows:

“No person who is not present at the time and place of holding said election shall be eligible to vote therein.”

In view of this specific statutory language, it is the opinion of this office that the use of absentee balloting in the elections conducted under the authority of Sections 37–7–211 to 37–7–219 is precluded by statute.

We hope we have been responsive to your questions. If we can be of further assistance, please let us know.

Sincerely,

Mike Moore, Attorney General.

ATTACHMENT

February 25, 1989

Mr. Mike Moore

Attorney General

State of Mississippi

Post Office Box 220

Jackson, Mississippi 39205

RE: Senatobia Municipal School District Election Procedures

Dear Sir:

I am writing to you as attorney for the Senatobia Municipal School District which is going to hold an election for school board trustee on March 4, 1989.

I realize that time is short, but we need an official opinion on the question of whether individuals should be allowed to vote absentee and, if absentee ballots are allowed, what guidelines should we follow?

The last sentence of Mississippi Code, 1972, section 37–7–219 seems to indicate that absentee ballots are not allowed, however, there may be other superseding statutes or regulations about which we are unaware. We need your opinion as soon as possible.

We also would like an opinion as to whether this election is to be held under Mississippi Code, 1972, section 37–7–201 et sequitur or whether the election should be held under the general election law. I hope to hear from you at an early date. Time is of the essence as we are already being asked about absentee balloting.

Sincerely,

Kirk Moore Attorney Senatobia Municipal School District.