Missouri Advisory Opinions January 01, 1970: MO Att. Gen. Op. 195-70
Collection: Missouri Attorney General Opinions
Date: Jan. 1, 1970
Advisory Opinion Text
1. In the election on April 7, 1970,the school board of a six director school district located in Jackson County, Missouri must conduct its election at the polling places which the Jackson County Board of Election Commissioners designate, pursuant to paragraph 1 of Section 111.111 V.A.M.S. (1969-70 Supp.), for voting on school issues. 2. A six director school district located in Jackson County, Missouri must conduct its election at each and every polling place designated by the Jackson County Board of Election Commissioners, pursuant to Section 111.111 V.A.M.S. (1969-70 Supp.), for voting on school issues.March 4, 1970
Honorable Jack E. Gant, Senator
Sixteenth District
Suite 535, Argyle Building
306 East 12th Street
Kansas City, Missouri 64106
Dear Senator Gant:
This opinion is in response to your request for an official ruling on the following questions concerning the conducting of school and state elections on April 7, 1970.
"1. Can the school board of a six director district located in Jackson County, Missouri, within the boundaries of the Jackson County Board of Election Commissioners conduct an election at a polling place outside of its own school district?"
"2. Can a six director school district be required by the Jackson County Board of Election Commissioners to conduct an election at all the polling places designated by the Election Board within the school district boundaries?"
I.
Because a statewide special election is being held on April 7, 1970, this office has previously determined in Opinion No. 161 dated March 3, 1970, to the Honorable Floyd E. Lawson (a copy of which is enclosed), that Section 111.111 V.A.M.S. (1969-70 Supp.) places the responsibility for designating polling places and for selecting election officials for that election on "the county clerk, board of election commissioners or other official having authority over general elections." In the area over which the Jackson County Board of Election Commissioners has authority over general elections, the Board is required by Section 111.111 to "designate one polling place for the several elections in each precinct or district in the political subdivision in which the elections are held." See paragraph 1, Section 111.111.
It is the opinion of this office that the school board of a six director district located in Jackson County, Missouri, must utilize each and every polling place designated by the Jackson County County Board of Election Commissioners for voting on that school district's issues and that the school district has no power to designate other polling places for conducting its election on April 7, 1970.
II.
We believe that this question has already been answered by the response to Question No. 1 in this opinion and, by the response to Question No. II in Opinion No. 161 dated March 3, 1970.
It is the opinion of this office that:
1. In the election on April 7, 1970, the school board of a six director school district located in Jackson County, Missouri must conduct its election at the polling places which the Jackson County Board of Election Commissioners designate, pursuant to paragraph 1 of Section 111.111 V.A.M.S. (1969-70 Supp.), for voting on school issues.
2. A six director school district located in Jackson County, Missouri must conduct its election at each and every polling place designated by the Jackson County Board of Election Commissioners, pursuant to Section 111.111, V.A.M.S. (1969-70 Supp.), for voting on school issues.
The foregoing opinion, which I hereby approve, was prepared by my assistant, D. Brook Bartlett.
Very truly yours,
John C. Danforth
Attorney General