Mississippi Advisory Opinions June 27, 1990: AGO 000010598 (June 27, 1990)

AGO 000010598.

Dear Mr. Hill:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. You enclosed a copy of a federal court order pertaining to the 1988 elections conducted in Grenada County as well as copies of cards from the Office of Secretary of State certifying that the election commissioners terms of office ends in January, 1993 and a copy of an order by the Grenada County Board of Supervisors appointing Lula McCoy to the election commission to fill the unexpired term of Peggy Bobo who move out of the district she was serving.

You then present three (3) questions which we will quote and respond to in sequence.

QUESTION NO. 1: Would Lula McCoy serve the unexpired term of Peggy Bobo? Which is January 1, 1993 or would we be required to hold an election in November, 1990 to fill this unexpired term?

RESPONSE: Mississippi Code Annotated 23-15-839 (Sup. 1989) provides in part:

"When a vacancy shall occur in any county or county district office, the same shall be filled by appointment by the board of supervisors of the county, by order entered upon its minutes, where the vacancy occurs, or by appointment by the president of the board of supervisors, if such vacancy occurs when said board is not in session, and the clerk of the board shall certify to the Secretary of State the fact of the appointment, and the person so appointed shall be commissioned by the Governor; and if the unexpired term be longer than six (6) months, such appointee shall serve until a successor is elected as hereinafter provided, unless the regular special day on which the vacancy should be filled occurs in a year in which an election would normally be held for that office as provided by law. on which case the person so appointed shall serve the unexpired portion of the term. Such vacancies shall be filled for the unexpired term by the qualified electors at the next regular special election day occurring more than ninety (90) days after the occurrence of the vacancy..." (emphasis added)

In accordance with the above quoted statutory provisions, an election must be held on the special election day in November, 1990 to fill the remainder of the unexpired term. Section 23-15-833 sets the special election day as the first Tuesday after the first Monday in November of each year.

QUESTION NO. 2: If we are required to hold an election in November, when would they qualify, what date?

RESPONSE: Section 23-15-839 requires candidates to qualify at least sixty (60) days before the date of the election. The first Tuesday after the first Monday in November, 1990 is November 6. Sixty days prior to November 6 is Friday, September 7.

QUESTION NO. 3: Does present Election Commissioners term expire in January 1992 or 1993?

RESPONSE: Section 23-15-213 sets the election for county election commissioners for 1984 and every four (4) years thereafter. The most recent election for such offices being 1988. Therefore, assuming that no court of competent jurisdiction has ruled otherwise, the current term of the Grenada County Election Commissioners will expire in January, 1993.

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

BY Phil Carter Special Assistant Attorney General PC:mfd