Mississippi Advisory Opinions June 05, 1987: AGO 000007951 (June 5, 1987)

AGO 000007951.

Dear Mr. Lamar:

Attorney General Edwin Lloyd pittman has received your letter of request and has assigned it to me for research and reply. In your letter you state:

This letter is to confirm our personal phone conversation of Monday afternoon, May 4, 1987, where I requested a verbal opinion from you in regard to the interpretation of Section 23-15-839 pertaining to the appointment to fill vacancies in county-wide offices.

As per our discussion, it was your interpretation of the statute that Tate County will not have to call a special election to fill the unexpired term of our Tax Assessor.

In addition, please let this letter serve as a formal written request for a formal Attorney General's ruling in that regard and I would also appreciate it if you would forward to me a copy of House Bill 794 for my records.

You will please find attached to this opinion a copy of Miss. Code Ann. 23-15-839 (Supp. 1986; Special pamphlet). it is my understanding from our conversation, that your vacancy occurred during the year 1987. Thus, it is the opinion of this office that since the vacancy occurred during a year in which the regular general election for such office will be conducted, that the vacancy shall be filled by appointment of the Board of Supervisors for the remainder of the term and that no special election is therefore required.

We have also enclosed a copy of H. B. 794 for your reference.

Should you have any questions or if we may be of further assistance please do not hesitate to contact this office.

Sincerely,

EDWIN LLOYD PITTMAN, ATTORNEY GENERAL

BY

John H. Emfinger Special Assistant

Attorney General JHE:mfd Enclosures