WALLER, Chief Justice, for the Court:
¶ 1. The Lauderdale County Chancery Court validated bonds to be issued by the Lauderdale County Board of Supervisors. Several objectors appeal, arguing a sufficient number of qualified electors objected such that an election on the bond issue was required. The Board cross-appeals, arguing that the chancellor erred in not requiring the objectors to post a supersedeas bond. Because the chancery court did not err in validating the bond, nor in denying the request for a supersedeas bond, this Court affirms.
¶ 2. On April 1, 2013, the Lauderdale County Board of Supervisors resolved to issue general obligation bonds for various county projects. According to its statutory duty, it published the resolution in The Meridian Star for four consecutive weeks.
See Miss.Code Ann. § 19-9-11 (Rev.2012).
¶ 3. Prior to the May 6, 2013, Board meeting, a petition containing 1,558 signatures requesting an election on the bonds had been filed. The Board passed a motion to accept the petitions. It then passed a motion
¶ 4. After May 6, 2013, the Clerk received nineteen affidavits or counterpetitions from signers of the original petition requesting their names be removed from the protest petition. At the May 20, 2013, board meeting, the Board gave the list of petitioners to the Lauderdale County Circuit Clerk. Between May 6 and May 20, 340 additional signatures calling for a bond election were collected. At the May 20, 2013, meeting, a motion to accept the additional 340 signatures failed, as did a motion calling for an election on the bonds.
¶ 5. At the June 17, 2013, Board meeting, it was determined that the petition filed May 6, 2013, contained 1,338 valid signatures. One-hundred-fifteen signatures were removed as not being those of registered voters, twelve signatures were removed for being illegible, forty-one duplicate signatures were removed, six signatures were removed because the signers were registered to vote in other counties, and twelve signatures were removed for being signed by a spouse.
¶ 6. On August 9, 2013, the State Bond Attorney opined that "all the necessary legal steps have been taken to make the issuance of said obligations legal, valid and binding" for $3.2 million in bonds. A bond validation hearing was set for August 26, 2013, and notice thereof was published on August 15, 2013. On August 26, 2013, the objectors in the instant case filed an "Objection to Issuance of Bonds and Bill of Exceptions on Vote not to Call Special Election" in the Lauderdale County Chancery Court. The validation hearing was thus continued to September 10, 2013.
¶ 7. At the hearing, the objectors argued that an election should have been called on the bond issue, and that the Board waived the petition deadline because it did not immediately begin canvassing the signatures. They argued that the Board's purpose in delaying the investigation into the validity of the signatures was to allow signers to remove their names from the petition, and therefore the Board essentially kept the petition open past the May 6 deadline. The State Bond Attorney testified that he did not believe the signatures filed after the May 6 deadline should be counted toward the total number of signatures, because the statute specifically states that the signatures must be received on or before the date specified in the resolution.
¶ 8. The chancery court determined that "the final date set in the resolution for submitting petitions is the final date prescribed in the resolution, and no later." The court also found that "[w]hile the actions of the Lauderdale County Board of Supervisors may have prompted some people to remove their names from the petition, both statutory and case law allow for such to be done, and [caselaw] specifically rules out the submission of additional signatures after the deadline." Thus, the chancery court found that the Board was within its power to reject the signatures filed after May 6, 2013, and overruled the objection to the bond validation. The court consequently entered a validation judgment on September 16, 2013.
¶ 9. On September 26, 2013, the objectors filed a "Motion to Waive Bond or Alternatively to Set Bond." Because the judgment was not monetary, "the Chancery Clerk was unaware of what type of supersedeas bond to approve." The objectors asked the court to waive the requirement of posting a supersedeas bond and stay the judgment, or, in the alternative, to set a minimal amount for the supersedeas bond. The Board responded, requesting that the court require the objectors to post a supersedeas bond. The Board noted that the county had suffered damages due to the delay in closing the bonds, as the lowest bidder had withdrawn its offer.
¶ 10. The chancery court held a hearing on the issue on October 2, 2013. The Board argued that the objectors should post a supersedeas bond in the amount of between $35,000 and $87,000. The court opined that Mississippi Rule of Appellate Procedure 8 supersedes a statute with regard to procedures.
¶ 11. The objectors then appealed the validation judgment. The Board cross-appealed the denial of a supersedeas bond.
¶ 12. A "chancery court's interpretation and application of the law is reviewed under a de novo standard." Keener Props., LLC v. Wilson, 912 So.2d 954, 956 (Miss.2005).
¶ 13. Before issuing any bonds, the board of supervisors must adopt a resolution that contains certain details about the bonds and publish said resolution in accordance with the statute. Miss.Code Ann. § 19-9-11 (Rev.2012). The Board's compliance with these provisions of the statute is not challenged. Moreover, the statute provides that:
Miss.Code Ann. § 19-9-11 (Rev.2012).
¶ 14. The objectors argue that the Board waived the date in the resolution in this case. They claim that, by taking the petition under advisement and allegedly posting the list of the purported signers so that people could remove their names, it failed to respect the May 6 deadline. Rather, the Board allowed the petition to change after this date. The objectors also argue that posting names and signatures on the internet amounted to voter intimidation in trying to convince people to remove their names. The Board argues that caselaw forecloses the issue, and that protest petitions received after the deadline need not be credited.
¶ 15. This Court addressed a similar situation in In the Matter of the Validation of $30,000 Road and Bridge Bonds of 1960, Supervisors District No. 3, Neshoba County, Mississippi, 242 Miss. 125, 133 So.2d 267 (Miss.1961). The Neshoba County Board of Supervisors passed resolutions to issue bonds. Id. at 269. It set the date for qualified electors to request an election as on or before November 10, 1960. Id. On November 10, petitions were filed objecting to the issuance of the bonds. Id. At the time, twenty percent of qualified electors had signed the petitions, although this fact understandably was unknown to the Board, as it had not yet verified the signatures. Id. The Board found it necessary to canvass the poll books to determine whether the petitions were proper, and thus continued the matter to its December 5, 1960, meeting. Id. at 269-70. Between November 10 and December 5, several objectors withdrew their names from the petitions, reducing the number of signers to less than twenty percent of the
¶ 16. The Court determined that "persons who have filed petitions objecting to a bond issue and asking for an election, have a right to withdraw their names before the matter is finally heard by the board of supervisors." Id. at 274; see also Coleman v. Thompson, 216 Miss. 867, 63 So.2d 533 (1953) ("Persons who have signed a petition, which has been filed with the board, have the right to take their names off at any time before final action by the board.") ("The number of signers and their qualifications are determined as of the date of the board's adjudication, and not as of the date of the filing of the petition."). "[P]arties may always dismiss their lawsuit, their claim, or their objections to a matter submitted to them as citizens and taxpayers." Neshoba County, 133 So.2d at 274.
¶ 17. The Court, however, determined that names could not be added to the list after the date set in the resolution. It noted that the petitioners argued that "what is good for the goose is good for the gander," and that if names may be withdrawn, they also may be added. Id. The Court rejected that argument, holding that:
Id. Accordingly, the final date in the resolution, of which qualified electors have ample notice, is the final date for adding signatures to the petition.
¶ 18. Therefore, the question here is whether the Board of Supervisors waived the May 6 deadline by publishing the names of the petition signers on the internet and allowing signers to remove their names if they so chose.
¶ 19. "[I]t is well-settled that it is the duty of a board of supervisors to
¶ 20. The Board need not begin the investigation immediately. Neshoba County, 133 So.2d at 274 ("the board of supervisors has the right to continue a matter to another meeting to give the board time to determine whether or not the petitions are sufficient to require the board to call an election"). Indeed, "A board, careful of its duty and responsibility and considerate as well of the interests of those affected, may be required by practical considerations to delay its decision in order to afford an opportunity to itself and others to examine and verify the petitions and to check their sufficiency." Coleman, 63 So.2d at 535 (quoting Costas v. Board of Supervisors, 196 Miss. 104, 15 So.2d 365, 367 (Miss.1943)). Moreover, this Court has held that an objector has a right to remove his signature from a petition before the matter is heard by the board of supervisors. Neshoba Cnty., 133 So.2d at 274.
¶ 21. Consequently, we find the statute and caselaw support the Lauderdale County Board of Supervisors posting the petition to a public forum to ensure those whose names appeared on the petition did in fact want their names on the petition, and to allow individuals to remove their signatures if they so desired. See Miss. Code Ann. § 19-9-11; Coleman, 63 So.2d at 535; Neshoba Cnty., 133 So.2d at 274. Absent evidence of impropriety or an unreasonable delay, such action is a valid exercise of due diligence. See Coleman, 63 So.2d at 535; Neshoba Cnty., 133 So.2d at 274. Here, there is no evidence that the Board of Supervisors published the names for an improper purpose or to actively persuade signers to remove their signatures. At most, the petition was published for two weeks to afford signers an opportunity to remove their names if they so chose.
¶ 22. Further, the qualified electors in the county had ample notice of the deadline and failed to garner enough signatures by that date. The Board's actions did not waive the statutory deadline.
¶ 23. Accordingly, we affirm the judgment of the Lauderdale County Chancery Court on this issue.
KING, JUSTICE, FOR THE COURT:
¶ 24. In its cross-appeal, the Board argues that the chancery court abused its discretion by denying its request for a supersedeas bond.
¶ 25. A supersedeas bond is "[a]n appellant's bond to stay execution on a judgment during the pendency of the appeal." Supersedeas bond, Black's Law Dictionary (10th ed.2014). Mississippi law provides that "[a] supersedeas shall not be granted in any case pending before the Supreme Court, unless the party applying for it shall give bond as required by the Rules of the Supreme Court." Miss.Code Ann. § 11-51-31 (Rev.2012). The Court's rules provide that, for a money judgment, an appellant shall be entitled to a stay pending appeal if the appellant posts a supersedeas bond in the amount of 125 percent of the money judgment. M.R.A.P. 8(a). However, in a case without a monetary judgment, the rule provides that "[a]pplication for a stay of the judgment or the order of a trial court pending appeal or for approval or disapproval of a contested supersedeas bond or for an order suspending, modifying, restoring, or granting an injunction during the pendency of an appeal must ordinarily be made in the first instance in the trial court." M.R.A.P. 8(b)(1). "The court shall require the giving of security by the appellant in such form and in such sum as the court deems proper, and for good cause shown may set a supersedeas bond in an amount less than the 125 percent required in cases under Rule 8(a)." M.R.A.P. 8(b)(1). "[T]he purpose of a supersedeas bond is to `preserve the status quo while protecting the judgment creditor's rights pending appeal,'" and the trial court should attempt to protect the prevailing party. Journeay v. Berry, 953 So.2d 1145, 1161 (Miss.App. 2007).
¶ 26. First, a supersedeas, or stay of execution of the judgment, was not granted in this case.
¶ 28. In this case, nothing in the judgment "awards" anything to anyone, it merely validates the bonds. The chancery court reviewed the evidence of costs submitted by the Board, and also took note of the hardship this would cause to the objectors in this case. Thus, it appears the chancellor did not abuse his discretion in weighing the evidence and arguments before him and declining to require a supersedeas bond. Further, the Board argues that supersedeas bonds should be required in bond validation cases as a matter of public policy, because "a sole qualified objector can object to the issuance of bonds by any governmental entity in this state, however meritless the objection(s), and then proceed to appeal the trial court's validation judgment which halts the entire bond process. This has the practical effect of prohibiting the governmental entity from using the much needed bond funds while ... incurring unprotected damages and costs on appeal as its buyer withdraws from purchasing bonds because of the delay, and the subsequent rebid." The objectors counter that requiring a supersedeas bond as a condition precedent to the appeal of a bond validation would hamper the ability of citizens/taxpayers to petition the government for a redress of grievances, to access the courts, and to be heard on their claimed rights. These appear to be considerations for the Legislature as to whether it deems it necessary to protect a board and/or taxpayer objectors in a bond validation objection. To the extent they are not considerations for the Legislature, the concerns of both parties are certainly valid. Abuse of the court system to delay politically unpopular bonds is concerning, as is hampering the taxpayer's right to object to how their funds are used by their representatives. A chancery court is perfectly capable of weighing these competing concerns and determining whether a supersedeas bond is appropriate based on the facts of a particular case. The chancery court in this case noted and considered the costs incurred by the Board and the effect that requiring a supersedeas bond would have on the objectors, and declined to order a supersedeas bond, appropriately weighing the considerations. Thus, it did not abuse its discretion.
¶ 29. This Court therefore affirms the chancery court's denial of the request for a supersedeas bond. The chancery court weighed the appropriate considerations in determining whether to require a supersedeas bond and did not abuse its discretion in declining the request for a supersedeas bond under the facts of this particular case.
¶ 30.
PART II: WALLER, C.J., DICKINSON AND RANDOLPH, P.JJ., LAMAR, KITCHENS, CHANDLER, PIERCE AND COLEMAN, JJ., CONCUR.
KING, JUSTICE, concurring in part and in result:
¶ 31. While I agree with the result reached by the majority in Part One, I believe that the Board acted improperly in delaying its investigation to publish petitioners' names in order to have the petitioners remove their names.
¶ 32. The key difference between the case at hand and the cases cited by the majority is that, in this case, the Board's resolution takes affirmative action to encourage people to remove their names from the petition. The Board stated that the purpose of posting the petition was for the public to determine "if they signed or want their names on the petition." (Emphasis added). The use of the disjunctive "or" signifies that if a person signed and whether he or she wants his or her name on the petition are two different and separate inquiries. Obviously, if someone's signature was forged, it is not valid, and a comparison to the voter rolls would likely reveal such invalidity. Thus, whether someone "wants their name" on the petition is an entirely separate inquiry than whether the signature/name is validly on the petition. The clear meaning is to allow people who validly signed the petition to change their minds and remove their names. Thus, the Board's posting of names and signatures on the internet was for the admitted purpose, at least in part, of allowing people to change their mind and remove their names from the petition, given that the stated purposes of the delay and name posting were to guard against fraudulent signatures, and to see if people "want their names on the petition."
¶ 33. As the majority notes, "it is well-settled that it is the duty of a board of supervisors to canvass the names on petitions filed with it in order to determine whether or not such petitions contain the required number with the requisite qualifications, and, that in doing so, the board acts judicially." Coleman v. Thompson, 216 Miss. 867, 63 So.2d 533, 535 (1953). Moreover, the Board must find the necessary facts to determine whether the required number of qualified electors had petitioned for an election. Id. I acknowledge that the majority is correct that it is clear that the Board need not begin the investigation immediately. In the Matter of the Validation of $30,000 Road and Bridge Bonds of 1960, Supervisors District No. 3, Neshoba County, Mississippi, 242 Miss. 125, 133 So.2d 267, 274 (1961). "Practical considerations may delay the canvass." Coleman, 63 So.2d at 535. A board's decision may be necessarily delayed to "afford an opportunity to itself and others to examine and verify the petitions and check their sufficiency. No action therein should be taken until it has determined this fact." Id. (internal quotations omitted) (emphases added). Thus, the Board may examine and verify the petitions and check their sufficiency. The statute requires a certain number of qualified electors to sign the petition. Thus, under the statute and caselaw, the Board has every right, indeed, a duty, to determine whether the petition is proper under the statute, namely whether the signatures are those of qualified electors, and whether the proper number of signatures exists. However, nowhere in the statute or caselaw
¶ 34. I agree with the majority that the delay by the Board did not waive the deadline. For more than fifty years, the law has been that signatures filed after the deadline are not counted — the objectors cannot claim insufficient notice of this concept. However, the Board, too, is held to its clear statutory deadline; it may not delay, as it did, at least partially in this case, when the delay is not for the purpose of engaging in verification of the petition. In my opinion, the remedy, however, is not to deem the statutorily mandated deadline waived, but to include any signatures improperly removed in the final count. In this case, nineteen people removed their signatures between May 6 and May 20, during the Board's delay for, at least partially, purposes without statutory basis. I do not believe we need to decide whether or how those signatures should be "added back" to the petition,
RANDOLPH, P.J., KITCHENS AND PIERCE, JJ., JOIN THIS OPINION.