Mississippi Advisory Opinions June 24, 1983: AGO 000003625 (June 24, 1983)

Mississippi Attorney General Opinions

1983.

AGO 000003625.

1983-227

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Dear Ms. Dalferes:

Attorney General Bill Allain has received your letter and has assigned it to me for research and reply. Your letter states:

"The Board of Mayor and Aldermen of the Town of Gloster met in a Special Called Meeting on June 22, 1983 and adopted a Resolution calling for a referendum on the question of inviting the Department of Corrections of the State of Mississippi to establish a community work center in Gloster, a copy of said Resolution is attached.

"Since there is no statutory provision covering a referendum, there are several questions that the Gloster Election Commission needs to have answered. The City Attorney has advised that the laws covering the Special Elections would apply. The questions are as follows:

"Would the laws covering Special Elections be the ones used in a referendum to determine if the Board of Aldermen should invite the Board of Corrections to establish a community work center in Gloster?

"Would those persons offering to vote be required to have been registered for 30 days, or is a referendum the type of election that would allow anyone to vote regardless of the period of registration?" Municipal authority to hold official elections and expend municipal funds for such elections is regulated by statute.

There is no statutory authorization for a municipality to hold an official election as described in your letter nor to expend municipal funds for such an election.

Considering that response, we omit a response to your questions concerning what election laws may be applicable to your inquiry.

With kind regards, I am

Yours very truly,

BILL ALLAIN, ATTORNEY GENERAL

BY:

S. E. Birdsong, Jr. Assistant Attorney General

SEB,Jr./mg