Mississippi Advisory Opinions December 14, 1983: 19831214 (December 14, 1983)

Advisory Opinion Text

Benjamin E. Griffith, Esquire

Attorney for the Bolivar County Board of Supervisors

Post Office Drawer 159

Cleveland, Mississippi 38732

Dear Mr. Griffith:

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

You submit the following, to-wit:

“On behalf of the Board of Supervisors of Bolivar County, Mississippi, I respectfully request an opinion from your office responsive to the following question.

“The Board of Supervisors of Bolivar County was enjoined by the United States District Court for the Northern District of Mississippi, Delta Division, from holding or participating in elections of supervisors in both the August, 1983 Primary and the November, 1983 General Election. Final action by the United States District Court approving a redistricting plan for the five Supervisor Districts of Bolivar County should be forthcoming within the next few days, following which Bolivar County will be required to obtain Section 5 preclearance of the redistricting plan by the United States Department of Justice. Once a redistricting plan has been approved, it will take the County Registrar and the Voting Machine Custodian a combined total of at least two months and three weeks in which to effectuate voter registration and to complete preparation of the ballots. Accordingly, the presently constituted Board of Supervisors will remain in office beyond December 31, 1983, and until a special election which, in all probability, will not be held before February, 1984.

“My question is this: Must the Board of Supervisors of Bolivar County at its first meeting in January, 1984, comply with Mississippi Code Annotated § 19-3-7 by giving bond, taking the oath of office, organizing by electing one of their number to be president, electing one of their number to be vice-president, etc.?

“In addition to responding to this question, please advise me of any specific limitations on the exercise of authority which the 'hold over' Board of Supervisors should be aware of between January 1, 1984, and such time as the successor Board of Supervisors is sworn in following the special election.”

Section 252, Mississippi Constitution of 1890, provides:

“The term of office of all elective officers under this Constitution shall be four years, except as otherwise provided herein. A general election for all elective officers shall be held on the Tuesday next after the first Monday of November, A.D. 1895, and every four years thereafter; Provided, The legislature may change the day and date of general elections to any day and date in October, November or December.”

Section 136, Mississippi Constitution of 1890, provides:

“All officers named in this article shall hold their offices during the term for which they were selected, unless removed, and until their successors shall be duly qualified to enter on the discharge of their respective duties.”

Section 102, Mississippi Constitution of 1890, provides:

“All general elections for state and county officers shall commence and be holden every four years, on the first Tuesday after the first Monday in November, until altered by the law; and the electors, in all cases except in cases of treason, felony, and breach of peace, shall be privileged from arrest during their attendance at elections and in going to and returning therefrom.”

Section 25-1-1, Mississippi Code of 1972, provides:

“The term of office of all officers, not otherwise provided for by law, shall be four years and until their successors shall be duly qualified.”

Section 23-5-93, Mississippi Code of 1972, as amended, provides:

“At the election in 1971, and every four (4) years thereafter, there shall be elected a governor, lieutenant governor, secretary of state, auditor of public accounts, state treasurer, attorney general, three (3) public service commissioners, three (3) highway commissioners, commissioner of insurance, commissioner of agriculture and commerce, senators and members of the house of representatives in the legislature, district attorneys for the several districts, clerks of the circuit and chancery courts of the several counties, as well as sheriffs, coroners, assessors, surveyors and members of the boards of supervisors, justice court judges and constables, and all other officers to be elected by the people at the general state election. All such officers shall hold their offices for a term of four (4) years, and until their successors are elected and qualified. The state officers shall be elected in the manner prescribed in Section 140 of the Constitution.”

Section 19-3-7, Mississippi Code 1972, provides:

“The members of the board of supervisors, having given bond and taken the oath of office, shall meet at the courthouse of their county, on the first Monday in January next succeeding the election, and shall organize by electing one of their number to be president, and by electing one of their number to be vice-president, and, being so organized, and attended by the sheriff and clerk, the board may proceed to discharge its duties.”

A four year term of office commences on the first Monday in January, 1984.

The term of the present members of the board of supervisors is four years and until their successors are elected and qualified, therefore the present terms of the board members continues without again taking the oath of office, and the bond must also be continued in effect as a condition to continuing to hold office.

The Constitution and Statutes fix the first Monday in January (1984) as the date on which a new term of office commences.

Section 19-3-7, Mississippi Code of 1972, provides for the organization of the board at the commencement of a new term of office, and requires that the board organize in accordance therewith, even though one or more of the members of the board continues to hold office as a result of the failure of the election of a successor or the failure of a successor to qualify.

Very truly yours,

Bill Allain Attorney General.