Mississippi Advisory Opinions August 14, 1981: AGO 000004322 (August 14, 1981)

AGO 000004322.

Dear Mr. Stroupe:

Attorney General Allain has received your letter of request dated August 10, 1981, and has assigned it to me for research and reply.

Your inquiry states as follows:

Please render your opinion concerning Trustee Elections in Consolidated School Districts pertaining to qualification and deadline requirements and date the Trustee elected would take office.

S. B. 2189 which was passed by the 1981 Legislature and is now effective, amended the election laws for Trustees of Consolidated School Districts.

Mississippi Code Annotated (1972), Section 37-7-207 (as amended by S. B. 2189) provides in part as follows:

After such original appointments, the Trustees of such (consolidated) 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.

Section 37-7-221, as amended by S. B. 2189, provides as follows:

The election of consolidated or consolidated line school district trustees shall be held in the manner provided in Sections 37-7-223 to 37-7-229 rather than the method now provided by Sections 37-7-209 to 37-7-219.

Section 37-7-223, as amended by S. 8. 2189, states as follows:

All elections of consolidated or consolidated line school district trustees shall be held on the first Tuesday after the first Monday in November of each year in the same manner as general state and county elections are held and conducted.

Section 37-7-227, as amended by S. 8. 2189, recites in part as follows:

The county election commissioners shall indicate on the ballot which of the persons whose names appear thereon are candidates for a full term, and which of such persons, if any, are candidates for an unexpired term or terms. The candidate who receives a majority of the votes cast, either for a full term or for an unexpired term or terms, as indicated on the ballot, shall be declared elected, and the person or persons elected to a full term shall assume the duties of his office on the first day of January of the year following such election.

Section 37-7-225 (Supplement 1980), provides as follows: Alternate method--filing of petition of nomination by candidate.

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.

It is the opinion of this office that Section 37-7-225 controls the qualification requirements and deadline for elections of trustees in consolidated school districts. It is our further opinion that Section 37-7-227 controls as to the time of taking office such that a trustee elected to a full term assumes office on the first day of January of the year following the election.

If this office can be of benefit in the future, please do not hesitate to contact us.

Sincerely yours,

BILL ALLAIN ATTORNEY GENERAL

BY

Susan L. Runnels Special Assistant Attorney General

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