Attorney General Opinions and Advisory Letters

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Opinion No. 14-1305

August 31, 1914

BY: FRANK W. CLANCY, Attorney General

TO: Mr. J. P. Dunlavy, Mountainair, New Mexico.

SCHOOLS.

High school election cannot be held on same day as general election.

OPINION

{*160} I have received your letter of the 29th instant in which you ask if I know of anything to make illegal the holding of your election for the establishment of a county high school at the same time as the general election on the third of November.

I can see why it might be beneficial to the county to have this school election at the same time as the general election as it would avoid a considerable expense, but in Section 1 of Article VII of the Constitution there is a sentence which reads:

"All school elections shall be held at different times from other elections."

I can see no way of reconciling this provision with the holding of your high school election on the same day as the general election.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.