Mississippi Advisory Opinions October 06, 1982: 19821006 (October 06, 1982)

Advisory Opinion Text

Honorable Gerald H. Jacks

Attorney for Bolivar County Consolidated School District IV

Post Office Box 728

Cleveland, Mississippi 38732

RE: Schools - Trustees Elections

Dear Mr. Jacks:

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

Your letter states:

“I am the attorney for Bolivar County Consolidated School District IV.

“One of the trustees of the district tendered a letter of resignation to the Board on September 21. His resignation was based upon the fact that he had moved to another county in the State.

“Section 37-7-207 states that all vacancies which occur during a trustee's term shall be filled by appointment by the consolidated school district trustees, but the person so appointed shall serve only until the next general election following such appointment, at which time a person shall be elected for the remainder of the unexpired term at the same time and in the same manner as a trustee is elected for the full term then expiring.

“The deadline for qualifying for the office of trustee is 40 days before the election, or in this instance, Thursday, September 23, 1982.

“Section 37-7-207 does not set forth any exception in the qualifying deadline for persons running for an unexpired term. Since the vacancy occurred only two days before the qualifying deadline, is Section 37-7-211 requiring that all candidates file at least 40 days before the election applicable? If it is not, what qualifying deadlines apply?”

Mississippi Code Annotated § 37-7-207 (Supp. 1982) provides for the selection and term of trustees of consolidated school districts. It states in part:

“After such original appointments, the trustees of such school districts shall be elected by the qualified electors of such school districts in the manner provided for in sections 37-7-223 to 37-7-229, with each trustee to be elected for a term of five (5) years. All vacancies which may occur during a term shall be filled by appointment of the consolidated school district trustees, but the person so appointed shall serve only until the next general election following such appointment, at which time a person shall be elected for the remainder of the unexpired term at the same time and in the same manner as a trustee is elected for the full term then expiring. . . .”

Section 37-7-225 provides as follows:

“The county election commissioners shall place the name of any person eligible to hold the office of trustee on the ballot used in the election, provided that such candidate shall have filed with said election commissioners, not more than ninety (90) days and not less than forty (40) days prior to the date of such election, a petition of nomination signed by not less than fifty (50) qualified electors of the school district. Where there are less than one hundred (100) qualified electors in said district, it shall only be required that said petition of nomination be signed by at least twenty percent (20%) of the qualified electors of such school district. If such person be a candidate for an unexpired term, he shall indicate the term for which he is a candidate in such petition; otherwise he shall be deemed to be a candidate for a full term.”

In response to your question, Section 37-7-225 is the applicable statute and does require that all candidates seeking the office of trustee file their petitions not more than ninety (90) days and not less than forty (40) days prior to the date of the election.

In the event no candidate meets the above qualifying deadline, a new appointment would be necessary. Said new appointee would then serve until the next general election

Very truly yours,

Bill Allain Attorney General.