Opinion No. 14-67

Topics:

SCHOOLS.
PETITIONS.

Summary conclusion

Names cannot be added to a petition requesting a formation of a new district under Section 162.221 after the petition has been filed with the county superintendent of schools.

June 6, 1967
WITHDRAWN

Honorable James G. Lauderdale
Prosecuting Attorney
Lafayette County Courthouse
Lexington, Missouri

Dear Mr. Lauderdale:

This official opinion is issued in response to your request. Your letter states that a petition to organize a six director school district pursuant to Section 162.221, RSMo Supp. 1965, was filed with the county superintendent of schools, that the petition had thirty signers, that about one month later a petition was filed to add seven names to the original petition and that no election has been called pursuant to this petition.

You inquire as to whether names can be added to the petition under the above stated circumstances.

Since Section 162.221, requires the signature of only twenty-five voters and you inform us that the original petition here was signed by thirty, it would appear that your question is academic. However, since it is possible that some of the thirty original signatures could be found to be invalid for some reason, so as to reduce the number below twenty-five, we shall answer the question you present.

Section 162.221 contains no expressed provision as to a date on which signatures may be added or withdrawn from a petition.

The case of Ratzlaff v. Synovec, Neb.,132 N.W.2d 314, involved a petition to change school district boundary. The court held that voters of the school district had the right to add their names to a change of boundary petition at any time before the petition was filed with the county superintendent. This ruling was reaffirmed in the case of Karnabb v. Bigelow, Neb., 133 N.W.2d 611.

In a similar case, Horn v. School Dist. No. 2a, Ark., 211 S.W.2d 107, the court held that in the absence of expressed statutory provision, names cannot be added to petitions. after they are filed with the designated officer.

CONCLUSION

Based upon these authorities and in the absence of expressed statutory language in Section 162.221, we are of the opinion that names cannot be added to a petition requesting a formation of a new district under Secton 162.221 after the petition has been filed with the county superintendent of schools.

The foregoing opinion, which I hereby approve, was prepared by my assistant, Louis C. DeFeo, Jr.

Very truly yours,

Norman H. Anderson
Attorney General