Mississippi Advisory Opinions August 17, 2001: AGO 000014614 (August 17, 2001)

AGO 000014614.

Dear Mr. Gex:

Attorney General Mike Moore has received your letter of request and assigned it to me for research and reply. Your letter states:

In reference to the captioned matter, I have been requested to obtain an opinion from you on the following question:

"Can the Hancock County Board of Supervisors call a binding election on a Building Code in Hancock County on the special election day in November, 2001"?

I am enclosing a copy of the local and private bill passed in 1986 when Hancock County held an election of this issue pursuant to said Local and Private Bill.

Also, can the county do so pursuant to Section 19-5-9, and have the election before they adopt the code?

In our opinion addressed to you dated October 31, 1986 (copy enclosed) concerning the question you posed we said:

This office is of the opinion that HB 1239 and Section 19-5-9 must be read together in order to determine legislative intent. Accordingly, what HB 1239 does, in the opinion of this office, is simply require the Hancock County Board of Supervisors to hold a referendum election on the issue of establishing a county building code, without the necessity of 10% or more of the qualified electors filing objection, if the board determines to adopt a "county" building code.

It remains the opinion of this office that the Hancock County Board of Supervisors may call a binding election on whether to establish a county building code and place the matter on the special election day ballot this year without 10% or more of the qualified electors of the county filing an objection to the establishment of such code. This year's special election day will be November 6, 2001.

Please note that Mississippi Code Annotated, Section 23-15-359 (5) (Supp. 2000) requires that the ballot form of "local issues" that are to appear on the ballot of regularly scheduled elections must be filed with the county election commissioners not less than sixty (60) days previous to the date of the election.

Please also note that House Bill 1239 requires that notice of the special election be given in accordance with the general laws for the holding of county elections. We have previously opined that the general notice provisions of Section 19-3-55 which requires at least thirty (30) days notice is applicable to referenda for which there are no specific notice requirements. See MS AG Op., Jones (August 9, 1990) (attached).

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

Phil Carter

Special Assistant Attorney General

Enclosures