Mississippi Advisory Opinions August 02, 1990: AGO 000010487 (August 2, 1990)
Collection: Mississippi Attorney General Opinions
Docket: AGO 000010487
Date: Aug. 2, 1990
Advisory Opinion Text
AGO 000010487.
DOCK 1990-0553
AUTH Phil Carter
DATE 19900802
RQNM Danny Welch
SUBJ Elections-Commissioners
SBCD 64
TEXT Danny Welch, Esquire
Attorney for Simpson County
Board of Supervisors
Chancery Building
Mendenhall, Mississippi 39114
Dear Mr. Welch:
Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply.
Your letter states:
"On behalf of the Simpson County Election Commission, I respectfully request an opinion from your office regarding the filling of a vacancy of Election Commissioner by special election pursuant to Section 23-15-839 of the Mississippi Code of 1972, Annotated.
The vacancy in said office resulted from the death of Mr. Robert Sellers, the previous Election Commissioner, in November, 1989. The Board of Supervisors thereafter filled this vacancy with the appointment of Mrs. Nattie Sue Boggan. However, Simpson County and the Simpson County Election Commission is presently involved in litigation in Cause Number J89-0243(B) of the U.S. District Court for the Southern District of Mississippi. In this suit Judge Barbour previously rendered his Order on October 20, 1988, wherein the Court ruled that county-wide elections for the post of Election Commissioners for Simpson County were enjoined and should not be held until further Order of the Court. At this time, the suit is still pending as we are waiting for pre-clearance on the new re-districting plan which has been agreed upon by the parties in litigation. I enclose a copy of the foregoing Order for your review.
Please advise whether the Simpson County Election Commission should proceed to fill the vacancy for Election Commissioner, District 4, pursuant to the foregoing State statute."
The court order in question does not appear to make any provision altering the statutory procedure for filling vacancies in the office of county election commissioner.
Therefore, it is our opinion that the appropriate officials must proceed to fill the vacancy on the Simpson County Election Commission in accordance with Mississippi Code Annotated 23-15-839 and 23-15-213 (Special Pamphlet, 1989); provided, however, that this would be acceptable to the U.S. District Court for the Southern District of Mississippi which retains jurisdiction over the issue of how elections for election commissioners shall be conducted.
In this regard we advise you to seek judicial approval.
Sincerely,
MIKE MOORE, ATTORNEY GENERAL
BY: Phil Carter Special Assistant Attorney General
PC:mfd