Attorney General Opinions and Advisory Letters

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Opinion No. 14-1190

April 14, 1914

BY: FRANK W. CLANCY, Attorney General

TO: Mr. Cleofes Romero, Estancia, New Mexico.

SCHOOLS.

Procedure for holding election for establishment of county high schools.

OPINION

{*46} On the 17th of March I wrote to you, in response to your request for opinion and information about elections for the establishment of {*47} county high schools, and I said that under the provisions of the law, it would not be possible to hold an election for two places, but that there must be an election for each place named in each petition presented. I indicated, in substance, although perhaps not very clearly, that if there were two places for which petitions had been presented, the elections would have to be held on different days, but it has since presented itself to my mind that, without any violation of the requirements of the law, the county commissioners might order the two elections, one to be held for each of the two places proposed, on the same day and at the same polling place and with the same officers of election, care being taken to have the record show that there were two elections and not one. This would require the keeping of two sets of poll books and the making of two separate and distinct returns, and at each polling place, there should be two ballot boxes. By this means the extra expense to the county of an additional election would, in a great part, be avoided and in a county like yours this would be an object of some importance.

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