Mississippi Advisory Opinions August 22, 1990: AGO 000007535 (August 22, 1990)

AGO 000007535.

Dear Mr. Barnett:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. A copy of your letter is attached for reference. In summary your letter states that, contingent on U.S. Department of Justice approval, the Tishomingo County School District and the Iuka Municipal Separate School District will merge effective July 1, 1991 and that the election of the first board of trustees of the new district will be conducted on November 6, 1990 (See MCA 37-7-707) which is the regular time for the election of the Tishomingo County Board of Education member from District 5 and further that there will also be a special election on that day to fill a vacancy in District 3 of said county board of education which has been filled on an interim basis pending said election. See Section 37-5-19. You then ask if it is legally permissible for one person to be a candidate for membership on the board of trustees of the newly created county-wide district which, if approved by the U.S. Department of Justice, will come into being on July 1, 1991 and, at the same time be a candidate for membership on the Tishomingo County Board of Education, which will remain in existence until the new district becomes effective.

In response to your inquiry, we find no prohibition against one being a candidate for both positions at the same time as described in your letter.

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

BY:

Phil Carter Special Assistant Attorney General

PC:mfd Enclosure