Mississippi Advisory Opinions May 01, 2009: No. 2009-00220 (May 1, 2009)

No. 2009-00220.

Dear Mr. Barbour:

Attorney General Jim Hood received your letter of request and assigned it to me for research and reply.

Issue Presented

You state that the Town of Eden is preparing for the election of three at large selectmen in accordance with its charter. Your further state that only two candidates have qualified for the three positions and the time for qualification has passed. You seek an opinion as to the proper procedure for the election or appointment of the third selectman position as there is no candidate.

Assumptions

We assume that the election in question is to be held in June of this year and the new term of office will begin on the first Monday in July in accordance with Mississippi Code Annotated Section 21-15-1 (Revised 2007). We further assume that the charter you refer to in your letter is silent as to the manner in which vacancies in office are to be filled.

Response

Based on the facts presented and our stated assumptions, a vacancy in one at large selectman position will be created as of Monday, July 6, 2009. That vacancy must be filled by conducting a special election in accordance with Section 23-15-857. An incumbent selectman who did not qualify as a candidate for re-election may hold over in office until a successor is duly elected and qualified.

Applicable Law

Section 21-15-1 provides:

All officers elected at the general municipal election provided for in Section 21-11-7 (now 23-15-173), shall qualify and enter upon the discharge of their duties on the first Monday of July after such general election, and shall hold their offices for a term of four (4) years and until their successors are duly elected and qualified.

Sincerely,

JIM HOOD, ATTORNEY GENERAL

By: Phil Carter

Special Assistant Attorney General