Mississippi Advisory Opinions February 01, 1988: AGO 000008201 (February 1, 1988)
Collection: Mississippi Attorney General Opinions
Docket: AGO 000008201
Date: Feb. 1, 1988
Advisory Opinion Text
AGO 000008201.
DOCK 1987-803
AUTH John H. Emfinger
DATE 19880201
RQNM Honorable Jay Gore, Jr.
SUBJ Elections-Special
SBCD 75
TEXT Honorable Jay Gore, Jr.
Attorney, Grenada County Board
of Supervisors
Post Office Drawer 1208
Grenada, Mississippi 38901
Dear Mr. Gore:
Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. A copy of your request is attached hereto and incorporated herein by reference. Basically you ask whether the special election to fill the vacancy for coroner may be held in conjunciton with a court ordered special general election for supervisors. You state that the federal court enjoined the regular election of supervisors during the November 1987 General Election.
According to Miss. Code Ann. 23-15-839 (Supp. 1987), where there is a vacancy and the unexpired term exceeds six months, a special election to fill the vacancy must be held at the next regular special election day occurring more than ninety (90) days after the occurance of the vacancy. If your vacancy occurred in January of this year, the next regular special election day will be in November of 1988. See, Miss. Code Ann. 23-15-833 (Supp. 1987). We are of the opinion that the election to fill the vacancy must occur on that day. Further, while generally in special elections to fill vacancies there are no primary elections, Miss. Code Ann. 23-15-841 does give the county executive committees of the various political parties the authority to fix the date for their first and second primaries.
Should the parties decide to conduct primaries for this vacancy, we know of nothing that would prevent these primaries from being held in conjunction with the special elections which may be ordered by the court relative to the supervisors race. We would point out however, that any such decision by the county executive committees would be subject to preclearance under 5 of the Voting Rights Act of 1965, as amended and extended.
If you have any questions or if we may be further assistance, please do not hesitate to contact this office.
Sincerely,
MIKE MOORE, ATTORNEY GENERAL
BY John H. Emfinger Special Assistant Attorney General
RH:mfd Enclosure