Mississippi Advisory Opinions January 19, 1989: AGO 000008589 (January 19, 1989)

AGO 000008589.

Dear Mr. Ward:

Attorney General Mike Moore has received your letter requesting an opinion of this office and has assigned it to me for research and reply.

In your letter, you cite Section 23-15-833, Miss. Code Ann. (Supp. 1988), and ask whether under this statute the following is permissible, to-wit:

Using the CES punch card voting system, can the School Bond Issue question be placed on the November General Election ballot by simply adding a page to the General Election Ballot, clearly distinguishing it as a Special Bond Issue Election, using one set of ballot cards, one set of poll workers, and one ballot box?

It is the opinion of this office that Section 23-15-833, supra, does not authorize the placing of a school bond question on a general election ballot and further does not dispense with the need for separate ballot boxes and separate ballots. Under existing law, the same poll workers could be used for both elections provided they are designated for both. A school bond election and the general election are two (2) separate elections although they may be held on the same day at the same time and place and conducted by the same poll workers.

In providing in Section 23-15-833, supra, that the names of candidates in special elections to fill vacancies could be placed on the general election ballot in those years when the regular special election day occurs on the same day as the general election, the Mississippi Legislature did not make provision to allow for special election questions involving school bond issues and other local referenda to be placed on the general election ballot. Section 23-15-833, supra, concerns the filling of vacancies and is not intended to cover all matters than can be placed on a general election ballot. Specific legislation would be needed to accomplish the result you seek.

It is hoped that the above is responsive to your inquiry.

If we can be of further assistance, please let us know.

Very truly yours,

MIKE MOORE, ATTORNEY GENERAL

By: Giles W. Bryant Special Assistant Attorney General

/jw