Mississippi Advisory Opinions January 21, 2005: AGO 2005-0019 (January 21, 2005)

Advisory Opinion Text

Ms. Anna M. Stovall

City Clerk

City of Okolona

Post Office Box 111

Okolona, Mississippi 38860

Re: Special Charter Provisions

Dear Ms. Stovall:

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

I am requesting an official opinion whether or not the provisions in sections 20, 18, 7, 26, 0.1, 23, 6, 5, 24, 22, 13 and 69 governing elections in the City of Okolona's Special Charter supercede the general Mississippi Election Laws.

I am also requesting an official opinion whether or not, if the City's election is not governed by the general provisions of the special charter, what are the ramifications?

While we are not familiar with the provisions of the sections of Okolona's special charter cited in your letter, the general rule is that the specific provisions of a municipal special charter will control over provisions of general municipal law. MS AG Op., Carouthers (August 29, 2003); MS AG Op., Artman (March 30, 2001); MS AG Op., Lowe (November 3, 2000).

In response to your first question, unless a particular provision of the municipal special charter governing some aspect of elections in the City of Okolona has been invalidated by a court of competent jurisdiction, said provision would control over general Mississippi Election Laws.

In response to your second question, if a particular provision of a municipality's special charter has been invalidated by a court of competent jurisdiction, the relevant provisions of the Mississippi Election Code would govern the conduct of municipal elections. See Mississippi Code Annotated Sections 23-15-1 through 23-15-1081 (Revised 2001).

Sincerely,

Jim Hood Attorney General

Phil Carter Special Assistant Attorney General