Mississippi Advisory Opinions May 09, 1988: 19880509 (May 09, 1988)
Collection: Mississippi Attorney General Opinions
Docket: 19880509
Date: May 9, 1988
Advisory Opinion Text
Honorable Phil Carter
Director of Elections
Secretary of State's Office
Post Office Box 136
Jackson, Mississippi 39205
Dear Mr. Carter:
Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. A copy of your letter is attached hereto and incorporated herein by reference. You ask how to determine the qualifying deadline for candidates to fill a vacancy in the office of Highway Commissioner.
Pursuant to Miss. Code Ann. § 65-1-3 (1972), in the event a vacancy occurs in the office of Highway Commissioner the Governor is required to issue a Proclamation within fifteen (15) days of the vacancy calling an election in the appropriate Supreme Court District within sixty (60) days from the date of the issuance of such Proclamation. The statute is silent as to the qualifying deadline but further states that such election shall be held in the manner provided for holding general elections as far as practicable.
We find no statutory provision which sets forth the time within which candidates should qualify for office under these circumstances. Therefore, in absence of statutory guidance, the Governor should state in the Proclamation the date upon which candidates are to qualify. Such date should be set as would allow candidates a reasonable opportunity to qualify and yet allow sufficient time thereafter for the necessary preparation prior to the election.
The proclamation should also direct the commissioners of election of the several counties of the district, immediately upon receipt of the order, to give notice of the election by publishing the same in some newspaper having a general circulation in the county and by posting notice thereof at the front door of the courthouse. The order should also be directed to the State Board of Election Commissioners.
Should you have any questions or if we may be of further assistance, please do not hesitate to contact this office.
Sincerely,
Mike Moore, Attorney General.
John H. Emfinger, Special Assistant Attorney General.