Mississippi Advisory Opinions August 14, 2003: AGO 2003-0453 (August 14, 2003)

Advisory Opinion Text

The Honorable Earl Tate

Circuit Clerk, Humphreys County

Post Office Box 696

Belzoni, Mississippi 39038

Re: Majority Vote

Dear Mr. Tate:

Attorney General Mike Moore has received your letter of request and assigned it to me for research and reply. Your letter states:

I am the Circuit Clerk of Humphreys County, Mississippi, in that capacity, I have been involved in the proceedings of the Democratic Executive Committee of Humphreys County in connection with the recently held Democratic Primary. A question has arisen in connection with one of the races in that primary; specifically, whether one of the candidates in a three-person race received a majority of the votes in the primary. The factual situation is as follows:

1. Candidate A received 30 votes;

2. Candidate B received 496 votes;

Total A + B = 526 votes

3. Candidate C received 527 votes.

There was one additional ballot on which the name of a write-in candidate was placed for this race. However, no candidate had died or withdrawn and, accordingly, this ballot was disallowed as an illegal ballot, leaving a total of 1,053 votes in that race.

I am requesting an official Attorney General's opinion regarding whether candidate C received a majority of the votes within the meaning of Miss. Code Ann. Section 23-15-191 .

Since time is obviously of the essence in this inquiry, I would appreciate it if this matter could receive as prompt attention as possible. Thank you for your help in this matter.

Webster's Ninth New Collegiate Dictionary defines the term “majority” as “a number greater than half of a total.”

Black's Law Dictionary, Revised Fourth Edition defines the term “majority” as “the greater number. The number greater than half of any total.”

While we do not find a general statutory definition of the term, we do find a definition in the “Nonpartisan Judicial Election Act.” Mississippi Code Annotated Section 23-15-982 (Revised 2001) provides that a “majority of vote equals any excess of the total vote for all candidates divided by the number of judgeships to be filled divided by two (2).” This is specifically applicable to a judicial election to elect judges to two (2) or more judgeships.

In the factual situation presented in your letter, one half of the total votes cast for all candidates in the specific election in question is 526.5 (1053 divided by 2). Candidate C received 527 votes which is a half a vote in excess of one half of the total vote.

Based on the above quoted dictionary definitions of the term “majority” and the quoted statutory provision that is the most analogous to the instant facts, we are of the opinion that since Candidate C received more than half of the total votes cast for all candidates in the election in question, he has a majority of the votes as contemplated by Sections 23-15-191 and 23-15-305 .

Sincerely,

Mike Moore Attorney General.

Phil Carter Special Assistant Attorney General.