Mississippi Advisory Opinions November 26, 1985: 19851126 (November 26, 1985)

Advisory Opinion Text

Honorable Fred C. Permenter, Jr.

Smith, Elliott, Fortier & Permenter

105 East Spring Street

Ripley, Mississippi 38663

Dear Mr. Permenter:

The Office of the Attorney General is in receipt of your opinion request which states:

“Our office represents the South Tippah Consolidated School District Board, and in that capacity, we have been requested to obtain an opinion from your office concerning bond issues. The South Tippah School Board has recently called for an election on a bond issue to construct kindergarten facilities and other needed repairs for the South Tippah Schools. The initial bond issue election failed by a slim majority. The Board intends now to modify the original proposal slightly and submit the question to the voters again. I have reviewed the pertinent sections, specifically, Section 19-9-1, et seq. of the Mississippi Code of 1972, Annotated, and find no prohibitations against immediately calling for another election on a bond issue. Therefore, I would very much appreciate your office researching the question and advising me if there are any waiting periods which must be met before another election can be called for.”

After a review of the statutory provisions regarding the procedures for the calling of an election for the issuance of bonds, Sections 37-59-11 to 37-59-17 of the Mississippi Code of 1972, it appears that there is no statutory provision that requires a specified time period between the date of a defeated school bond issue and the date that another election for the issuance of bonds may be held. However, the time period between the two elections must be sufficient to allow all statutory requirements to be met.

Very truly yours,

Edwin Lloyd Pittman, Attorney General.