Mississippi Advisory Opinions March 17, 1983: 19830317 (March 17, 1983)

Advisory Opinion Text

Schools - Trustees Elections

Honorable Conrad Mord

Attorney for Walthall County Board of Education

Post Office Drawer 311

Tylertown, Mississippi 39667

Dear Mr. Mord:

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

Your letter states:

“As attorney for the Walthall County Board of Education, I request your opinion on the following:

“Walthall County's redistricting plan was approved by the U.S. Justice Department in February 1983 and will be in effect for elections held this year. The new redistricting plan places two incumbent school board members in the same supervisor district, one with an unexpired term of approximately three years and one with an unexpired term of over five years, and leaves one supervisor district with no school board member.

“Will an election be required for the district with no school board member and the district with two school board members of will both incumbent school board members be allowed to serve the remainder of their terms under the old district lines?”

In response to your inquiry, it is the opinion of this office that the present school board members are entitled to serve the remainder of the terms to which they were elected.

It is our further opinion that upon the creation of a vacancy in either of the two positions, subsequent appointment and / or election of a new member must be selected or elected from the qualified electors of the new supervisors district which is presently not represented.

Very truly yours,

Bill Allain, Attorney General