Mississippi Advisory Opinions November 17, 1980: AGO 000002129 (November 17, 1980)

AGO 000002129.

Dear Mr. McMullan:

Attorney General Bill Allain has received your letter of request dated November 15, 1980, wherein you request an opinion of the Attorney General relative to the recent election in Beat 3, New- ton County, for County School Board Member. A copy of your letter is attached for reference. Each question presented for opinion of this office is listed below followed immediately with this of- fice's response thereto.

"Who has the authority to call this election and the conditions?"

In the opinion of this office, the Board of Election Commission- ers of Newton County is not authorized to call a new election for County School Board Member, Beat 3, Newton County.

The sole and exclusive remedy available to a person who desires to contest the election of another person returned as elected to an office is set forth in Section 23-5-187, Mississippi Code of 1972, Annotated, copy attached.

"We do not have a separate voter list for school board electors. Who is responsible for providing this list?"

In response to your inquiry, this office is not aware of any legal requirement that a separate voter list be provided, and accordingly we cannot by this opinion place this responsibility with any one office or individual.

"To curtail expenses in this election--what would be the least number of workers that could be used at each box?"

At any election the law specifies that Election Commissioners should appoint three (3) managers, two (2) clerks and one (1) bailiff for each box. Where one precinct has been split into two or more boxes, it is necessary that only one (1) bailiff be appointed for the entire precinct.

"There are two boxes in this beat are listed in Separate School Districts. If after checking the qualified electors we find none living in the County Unit System, do we still have to set up these boxes? None voted in the last election.

No box, election supplies or election managers, clerks or bail- iffs are required for a box within a district in which qualified electors reside.

"There has been no mention of any other candidate in this race but the commission would like to know if anyone would be eligible other than the two original candidates?"

If a new election were to be ordered by a court of competent jurisdiction, we would presume that only candidates previously qualified for the November 4 General Election would be eligible as candidates in the election ordered to be held by said court.

In summary, we have tried to respond to each of the questions presented; however, in so doing, it is obvious that the ques- tions are predicated upon the presumption that a new election will be held. We must again note that we know of no authority whereby the Board of Election Commissioners could order such a new election.

With personal regards, I am

Very truly yours,

BILL ALLAIN, ATTORNEY GENERAL

BY

Donald Clark, Jr. Special Assistant Attorney General

DC,Jr:lm Enclosure