Mississippi Advisory Opinions October 05, 1984: AGO 000010295 (October 5, 1984)

AGO 000010295.

Dear Mr. Thomas:

Attorney General Pittman has received your opinion request and has assigned it to me for research and reply, your letter stating:

"I am writing to find out if a referendum in a local option election would be placed on the General Election Ballot just as would the names of candidates in a special election under the recently passed Senate Bill 2752 (Ch. 465, Laws of 1984).

"Also, the newly passed Senate Bill No. 2098 (Ch. 401, Laws of 1984) requires absentee ballots to be printed 45 days prior to an election, which I have already done and put some of them in the mail.

My questions are:

"1. Do I place a local option for beer and wine on the General Election ballot?

"2. If the answer to Question-1 is yes, what do I do about the absentee voters in regards to voting on the local option election?"

Chapter 465, Laws of 1984, copy attached, the "new' special election law, does not appear to include beer and wine elections under 67-3-7, Mississippi Code of 1972, as the former speaks in terms of filling "any vacancy in county, county district, and district attorney elective offices."

There should be separate ballots and separate ballot receipt books for the beer and wine election so that in that election it may be determined whether "a majority vote of the duly qualified electors voting in (that) election" did or did not approve the permitting of beer and wine in the county per 67-3-7, supra.

The absentee voter law appears also to include beer and wine elections under 67-3-7, supra, 23-9-605 ibid, specifically including a reference to "the proposition to be voted on in such election."

Yours very truly,

EDWIN LLOYD PITTMAN, ATTORNEY GENERAL

BY: Richard M. Allen Special Assistant Attorney General RMA:hs