Mississippi Advisory Opinions February 27, 1984: 19840227 (February 27, 1984)

Advisory Opinion Text

Honorable Rickey J. Hamba

Attorney for City of Lumberton

Post Office Box 286

Purvis, Mississippi 39475

Re: Elections - Municipal

Dear Mr. Hamba:

Attorney General Edwin Lloyd Pittman has received your request for opinion and has referred it to me for research and reply.

Your letter states:

“The City of Lumberton, Mississippi, has scheduled a special election on February 28, 1984, to fill an unexpired term for an alderman. Recently, it was discovered that the required notice was inadequate. Therefore the election has been called off.

“On page 117 of 'Guide to Municipal Elections', Revised Edition, 1981, it states as follows, 'In the event that a special election should have been held but for some reason was not conducted, the office to be filled will remain vacant until the next municipal general election.'

“Question: As a result of the inadequate notice which caused the special election to not be held, should the Alderman office remain vacant until the next municipal election or can the City order that another special election be held? . . . ”

Since no municipal special election has been held and will not be held on February 28, 1984, to fill the described vacancy in a municipal elective office, the Lumberton municipal governing authorities may order that a municipal special election be held for such purpose.

With kind regards, Very truly yours,

Edwin Lloyd Pittman, Attorney General