Mississippi Advisory Opinions November 08, 1990: 19901108 (November 08, 1990)

Advisory Opinion Text

Honorable W.L. Lee

Circuit Clerk

Post Office Box 998

Gulfport, Mississippi 39502

Dear Mr. Lee:

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

“As Circuit Clerk of Harrison County, Mississippi and with the approval of the Election Commission of Harrison County, Mississippi, I am requesting an opinion from your office based on (H.B. 2, First Ex.Sess., 1990).

My question is in reference to Section 145, wherein Section 19-3-79, Mississippi Code of 1972, is amended.

The bill states on line 4041 through 4044 .....“the board of supervisors of such county shall authorize the CIRCUIT CLERK to hold an election on the proposition of allowing legal gaming to be conducted aboard cruise vessels or vessels, as the case may be, in the county.

Also, line 4049 through line 4052 states .....The referendum shall be advertised, held, conducted and the result thereof canvassed in the manner provided by law for advertising, holding and canvassing county elections.”

What effect, if any, does this have on the statutory provisions that mandate the duties of the Election Commission of the County?

Section 23-15-215, Mississippi Code of 1972, Annotated, as amended, provides that in the event that the Election Commission fails to act, the duties prescribed for them shall be performed by the Board of Supervisors.

The language in the bill amending the statute in question, appears to be in direct conflict with the provisions and statute as stated.

As the Board of Supervisors of Harrison County have passed a resolution that December 4, 1990, will be the day of the election to determine the passage or failure as to whether Harrison County in the future will have or not have legal gaming aboard cruise vessels (or vessels), time is of the essence.

I will thank you to please render your opinion as expeditiously as possible.”

Based on the rule of statutory construction that where there are conflicting provisions in the same statute the last provision in order of arrangement will control, it is the opinion of this office that the referendum in question must be conducted in the same manner as regular county elections are conducted. See Warren v. Board of Trustees, 359 So.2d 345 (Miss.1978) . Therefore, in our opinion, the Harrison County Election Commission would have the responsibility and authority to conduct the election in the same manner as it normally conducts other elections. The circuit clerk, pursuant to Mississippi Code Annotated § 23-15-225(3)(Supp.1989), would assist the election commission in conducting the referendum as he normally does in other elections.

Sincerely,

Mike Moore, Attorney General

Phil Carter, Special Assistant Attorney General