Mississippi Advisory Opinions February 14, 1989: 19890214 (February 14, 1989)

Advisory Opinion Text

Mayor Early C. Ewing, Jr.

Town of Benoit

Benoit, MS 38725

Dear Mayor Ewing:

Attorney General Mike Moore has received your letter requesting an opinion from this office and has assigned it to me for research and reply.

Your letter poses the following question, to-wit:

“Is it possible to arrange to have our municipal officials elected on a staggered term basis so that there is little possibility that all our town officials are exchanged at one time?”

Under existing law, the elected officials of all code charter municipalities, including those of the town of Benoit are to be elected to non-staggered terms. As late as 1985, the Mississippi Legislature reaffirmed its authority over municipal elections. In granting “home rule” to Mississippi municipalities by Chapter 487 Laws of 1985, the legislature specifically reserved its authority over the matter of municipal elections, as well as other specified areas of authority. Consequently, municipal election law and procedure continues to be the exclusive province of the Mississippi Legislature. Therefore, absent legislation providing otherwise, Mississippi's code charter municipalities must continue to select their elective officers on a non-staggered term basis.

We hope the above is responsive to your inquiry. If we can assist you further, do not hesitate to contact our office.

Sincerely,

Mike Moore, Attorney General.