Q May a county award a bid for legal advertising to a newspaper which both receives subscriptions and gives away the paper free of charge?

A Section 13-3-31 sets out the requirements for advertising legal notices. All the qualifications listed in 13-3-31 are of equal importance, and a newspaper must meet all the statutory qualifications to be qualified to publish legal notices. The determination of whether a publication satisfies the requirements of Section 13-3-31 is a factual determination to be made by the local governing authorities. (Attorney General’s Opinion to Carnathan, January 29, 2016)