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Show Groyer A. Giles Clarifies Ruling on Use of Absent Yoter's Ballots Mr. LeRoy H. Cox, Attorney at Law, St. George, Utah. Dear Judge Cox: After my telephone conversation conversa-tion with you several days age relating to Absent Voters' ballots for special elections, I find that I am unable to locate previous opinions rendered on this subject sub-ject readily. However, I desire to accommodate you as quickly as possible. Hence, I shall re-state herein that which I am certain is contained in previous opinions released from the Attorney General's Gen-eral's office on the subject. You advise that St. George City has called a special election to be held May 6, 1941 for the purpose of voting on an initiative ordinance ordi-nance providing for the issuance of $300,000 revenue bonds. You further advise that requests have come to the city authorities for Absent Voters' ballots. You refer to an opinion released from the Attorney General in 1939, from which it would appear that provision pro-vision has not been made for Absent Ab-sent Voters' ballots, in special elections elec-tions of this kind. As I recall, I personally prepared the opinion for Mr. Chez who was the incumbent in-cumbent Attorney General at that time. I further recall that the opinion was to the effect that the law does not provide for Absent Ab-sent Voters' ballots in other than general and municipal elections. After a careful examination of the statutes, I concur in the former ruling of the Attorney General. Title 25, Chapter 5 of the Revised Statutes of Utah, 1933, is the latest authority on the subject. An examination of the provisions of that chapter clearly indicates that Absent Voters' Vot-ers' ballots are to be made available avail-able only in general or municipal elections. A special election, though it may be conducted within with-in the confines of a municipality is not a municipal election. Section Sec-tion 25-1-3, RSU, 1933, defines, "Special Elections" as: "Special elections are such as are held at other times for any purpose required by law, except municipal and school elections." I sincerely trust that this reaches you in ample time to assist as-sist you in your problem. Kindest personal regards. Yours very truly, GROVER A. GILES, Attorney General. |