Who is eligible to vote in a school district election? Are polling sites for general elections the same as those for school district elections? Are the ballots cast by the Caraway residents invalid? 6-14-108 Persons eligible to vote in general election are qualified to vote in school d

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 STEVE CLARK 5 “ ATTORNEY GENERAL (501) 371-2007 OPINION NO. 85-59 February 21, 1985 Mr. Devane Baldridge Superintendent of Schools P.O. Box N Monette, AR 72447 Dear Superintendent Baldridge: This is in response to your Letter of November 15, 1985, requesting an opinion on the following questions: "Who is eligible to vote in a school district elec- tion?" "are polling sites for general elections the same as those for school district elections?" "are the ballots cast by the Caraway residents invalid?" Arkansas law provides that persons who are qualified to vote in a general election are also eligible to vote in the school district in which they reside, Ark. Stat. Ann. §80- 305. The law further provides that for the purposes of school elections only, the school district may be designated as a political township, Ark. Stat. Ann. §80-304. It is the duty of the County Board of Election Commissioners, however, to designate polling places for each school district, Ark. Stat. Ann. §80-318. The voting precincts used in general elections would not necessarily be the same voting a precincts used in the school election. If the Board of Blection Commissioners failed to designate polling places for thé Caraway residents, it cannot be said that they voted in the wrong precinct, so their votes are still valid. In Christensen, et al v. Felton, et al, 226 Ark. 985, 295 SW. 2d 361 (1956), the Arkansas Supreme Court held that i eS a Mr. Devane Baldridge February 21, 1985 Page 2 voting requirements which are mandatory before the election becomes directory after the elections, so that voters other- wise qualified will not be disfranchised by the failure of the Election Commissioners to perform certain duties. Christenson _has—been—reaEfirmed—in_two_more recent cases as Fn AERP TTARR, AMIR well: Adams, et al v. Dixie School District No. 7, et al, 264 Ark. 178, 570 S.W.2d 603 (1978} and Goodall, et al v. T. ee eee The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General, Rick D. Hogan. Sincerely, pr Madr STE LARK Attornty General jsc:RH:dc