Mississippi Advisory Opinions September 27, 1982: 19820927 (September 27, 1982)

Advisory Opinion Text

Mrs. Peggy H. Staten

Circuit Clerk

Pearl River County

Poplarville, Mississippi 39470

Dear Mrs. Staten:

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

You advise:

“Pearl River County elects School Board Members at large as set out under Section 37-5-5. Two members will be elected in November and voters will be instructed to 'vote for two'.”

You present for opinion the question:

“'When electing two members, at large, in one election, by voting for two candidates on the same slate, are the two candidates with the highest number of votes cast elected without a runoff?”'

Section 37-5-9, Mississippi Code of 1972, Annotated & Amended, provides the answer to your question. This statute, among other things, provides:

“When any member of the county board of education is to be elected from the county at large under the provisions of this chapter, . . . The candidate who receives the highest number of votes cast in the election shall be declared elected.”

It is the opinion of this office that this statutory provision applies even though there are two memberships on the school board to be filled at the same election, so that the two candidates who receive the highest number of votes cast shall be elected.

It is possible that two candidates could receive an equal number of votes. However, in any event, pursuant to the above quoted statutory provision, the two candidates receiving the highest number of valid votes should be declared elected. No “run-off” is authorized or required.

Very truly yours,

Bill Allain, Attorney General.