Attorney General Opinions and Advisory Letters

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Opinion No. [29-87]

February 18, 1929

BY: M. A. OTERO, JR., Attorney General

TO: Mr. H. L. Caughran, President of School Board, Grady, New Mexico.

SCHOOLS -- Bond election, majority sufficient.

OPINION

I have your favor of the 14th inst. requesting a ruling as to who are qualified to vote at a school bond issue election, and I take pleasure in inclosing herein copy of an opinion which I have just rendered to the Superintendent of the Public Schools of Des Moines, New Mexico on the same subject.

In your letter you go on to ask what per cent of the votes cast at the election is required to carry the bond issue.

In reply thereto will state that although the provisions of our law, section 702 of the School Code, provide that the signature of ten per cent of the qualified electors of the district must be necessary to petition calling the election, still there is nothing said regarding the percentage of votes cast in such election. Therefore, if a majority of the actual votes cast are in favor of the bond issue, same can be had.

Trusting this gives you the information desired, I am

 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.