Mississippi Advisory Opinions December 28, 2015: AGO 2015-00460 (December 28, 2015)

Advisory Opinion Text

AUTH: Liz Bolin

RQNM: Arthur Jernigan, Jr.

SUBJ: Schools-bonds

SBCD: 175

TEXT: Arthur F. Jernigan, Jr., Esq.

Jernigan, Copeland & Anderson, PLLC

587 Highland Colony Parkway

Post Office Box 2598

Ridgeland, MS 39158-2598

Re: Polling Places and Method of Voting for a School Bond Issue

Dear Mr. Jernigan:

Attorney General Hood is in receipt of your request for an official opinion and it has been assigned to me for research and reply.

Background and Questions Presented

On behalf of the Pearl Public School District (the “District”), your letter states, in part:

The District intends to call a special election regarding the issuance of school bonds pursuant to Miss. Code Ann. Section 37-59-1 through 37-59-45 (the “Act”). For the sake of efficiency, the District would like to hold the bond election at only the Pearl City Hall, rather than at all City of Pearl polling places. The District would also prefer to use paper ballots rather than voting machines that are used in municipal elections in the City of Pearl.

The Act provides, in pertinent part:

The resolution adopted by the District’s Board of Trustees “calling such election shall designate the date upon which the election shall be held and the place or places within such district at which such election shall be held, which place or places may or may not be the school house or school houses in such district.” Miss. Code Ann. Section 37-59-11(2).

And:

“Such election shall be held upon order of the school board, as far as is practicable, in the same manner as other elections are held in such county or municipality . . ..” Miss. Code Ann. Section 37-59-15.

1) In its resolution calling the bond election, may the District’s Board of Trustees designate the City Hall as the sole polling place for the election?

2) If requested by the District’s Board of Trustees, may the City conduct such election utilizing paper ballots, rather than the electronic voting machines used in other municipal elections?

Brief Response

1. Pursuant to Miss. Code Ann. Section 37-59-11(2), the Board of Trustees is authorized to designate polling place(s) for the election.

2. We find no requirement for the City to use electronic voting devices in the conduct of the election.

Applicable Law and Analysis

Regarding the Board of Trustees’ authority to call the election, Miss. Code Ann. Section 37-59-11(2) states:

Whenever a resolution is adopted by the school board as provided in subsection (1), or a petition signed by not less than ten percent (10%) of the qualified electors of a school district, fixing the maximum amount of such school bonds and the purpose or purposes for which they are to be issued, the school board shall adopt a resolution calling an election to be held within such school district for the purpose of submitting to the qualified electors thereof the question of the issuance of bonds in the amount and for the purpose or purposes as set forth in such resolution or petition. The resolution calling such election shall designate the date upon which the election shall be held and the place or places within such district at which such election shall be held, which place or places may or may not be the school house or school houses in such district. (Emphasis added).

Conclusion

In response to your questions, the Board of Trustees may designate one or more polling places for the conduct of the election, and the City may conduct the election using paper ballots rather than electronic voting devices. See MS AG Op., Lawrence (March 24, 2006) (there is no mandate in the Help America Vote Act or State law that requires

municipalities to utilize electronic voting devices in the conduct of an election). Please let us know if this office can be of further assistance.

Sincerely,

JIM HOOD, ATTORNEY GENERAL.

Elizabeth S. Bolin, Special Assistant Attorney General.