Mississippi Advisory Opinions August 29, 1990: AGO 000007546 (August 29, 1990)
Collection: Mississippi Attorney General Opinions
Docket: AGO 000007546
Date: Aug. 29, 1990
Advisory Opinion Text
AGO 000007546.
DOCK 1990-0637
AUTH Phil Carter
DATE 19900829
RQNM Willie L. Crawford, Jr.
SUBJ Schools - County Boards Elections - Registrars
SBCD 179,73
TEXT Honorable Willie L. Crawford, Jr.
Circuit Clerk
Post Office Box 184
Tunica, Mississippi 38676
Dear Mr. Crawford:
Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply.
Your letter states:
"RE: Election of School Board Member
This letter of inquiry is written to you in behalf of the election commission and myself, concerning the election of an election commissioner from district four, who resigned August 7, 1990.
We are concerned about two code sections, 37-5-19 and 23-15-839. Which of these sections apply or does another section apply?"
Although the body of your letter inquires about the filling of a vacancy on the county election commission, it is our understanding that your intent was to inquire about the filling of a vacancy on the county board of education.
Mississippi Code Annotated 37-5-19 (Supp. 1989) sets forth the specific procedure for filling vacancies on county boards of education. Section 23-15-839 sets forth the procedure for filling vacancies in county and county district offices generally.
The Mississippi Supreme Court has held on numerous occasions that the terms of a statute dealing with a specific subject control over the terms of a statute dealing with a subject in general. Gulley v. Lumbermen's Mutual Casualty Company, 166 So. 541 (1936); Dunn Construction Company v. Craig, 2 So. 2d 166 (1941); Price v. Price, 32 So. 2d 124 (1947); Bailey v. Emmich Bros., 37 So. 2d 797 (1949); McCullen v. State ex rel. Alexander, 63 So. 2d 856 (1953); McCrory v. State, 210 So. 2d 877 (1968); McCaffrey's Food Market, Inc. v. Mississippi Milk Commission, 227 So. 2d 459 (1969); LincolnCounty v. Entrician, 230 So. 2d 801 (1970); Benoit v. United Companies Mortg. of Miss, 504 So. 2d 198 (1987). Based on the above cited authorities it is apparent that the provisions of section 37-5-19 are controlling as to the procedure that must be followed to fill a vacancy on a county board of education.
Sincerely,
MIKE MOORE, ATTORNEY GENERAL
BY:
Phil Carter Special Assistant Attorney General
PC:mfd