Mississippi Advisory Opinions January 26, 1982: 19820126 (January 26, 1982)

Advisory Opinion Text

Mr. Sam Jesse Horton

Post Office Box FF

Tchula, Mississippi 39169

Dear Mr. Horton:

Attorney General Bill Allain has received your request for opinion and has referred it to the undersigned for research and reply.

You attach a copy of a certificate from the Holmes County Board of Education, dated December 8, 1981, to the Holmes County Election Commission that said Board of Education was unable to agree upon the appointment of a person to fill a vacancy on the Board. A copy of said certificate is attached to this opinion for reference.

You request an opinion as to whether the attached certificate places a duty upon the County Election Commission to hold a special election to fill such vacancy.

You advise in a telephone conversation that the election has already been conducted but that you still desire to have an opinion.

Since the election has already been held, an opinion with regard to the calling of same would now be after the fact of such election. Official opinions of the Attorney General are rendered prior to the taking of an action which the request concerns. However, for your information and guidance regarding any future special elections necessitated because of a vacancy on the County Board of Education wherein the Board is unable to agree upon the appointment of a person to fill such vacancy, a copy of Section 37-5-19, Mississippi Code of 1972, Annotated, is enclosed for ready reference.

You will note the following language contained in the statute:

“In the event the vacancy occurs more than five months prior to the next general election and the remaining members of the county board of education are unable to agree upon an individual to be appointed, any two of the remaining members may certify such disagreement to the county election commission. Upon the receipt of such a certificate by the county election commission, or any member thereof, the commission shall hold a special election to fill the vacancy, which said election, notice thereof and ballot shall be controlled by the laws concerning special elections to fill vacancies in county or county district offices.”

I wish to assure you of the desire of this office to be of any possible assistance to you in the discharge of your most important duties.

Very truly yours,

Bill Allain Attorney General.