Mississippi Advisory Opinions August 08, 1983: AGO 000008881 (August 8, 1983)

Mississippi Attorney General Opinions

1983.

AGO 000008881.

1983-484

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Dear Mr. Kirschten:

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

Your letter states:

"Carroll County, Mississippi has received a no objection letter from the Attorney General of the United States in connection with the establishment of Justice Court Districts. A copy of that letter dated July 29, 1983 is enclosed for your ready reference.

"It is my understanding that until precleared, the Justice Court Districts could not be imple- mented and, accordingly, in as much as the preclearance letter was not received prior to the qualifying deadline for party primaries the office was not included on the primary ballots. It is my further understanding that receipt of the preclearance letter authorizes, and in fact mandates, Carroll County to imple- ment appropriate election procedures to fill the office.

"Please give me your opinion as to whether or not my understanding is correct and as to what the appropriate election procedure is. That is, may we declare the office vacant and con- duct a special election, must we declare the office open and conduct a winner take all election as a part of the November general election, or may we wait until the first of January and appoint Justice Court Judges and then conduct a special election."

In response to your inquiry, it is the opinion of this office that since Carroll County has received a "no objection" letter from the U. 5. Attorney General in regard to the newly established Justice Court Districts, names of qualified individuals who have properly submitted petitions in accordance with Mississippi Code Annotated 23-5-134 (Supp. 1982) requesting to be a candidate for Justice Court Judge must be placed on the November 8, 1983 General Election Ballot.

Section 23-5-134 does not specify the number of qualified electors who must sign a petition for a candidate in a Justice Court Judge District. It is the opinion of this office that, out of an abundance of caution, such petition should be signed by not less than fifty (50) qualified electors of said district.

Very truly yours,

BILL ALLAIN, ATTORNEY GENERAL

BY Phillip C. Carter Special Assistant Attorney General

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