Mississippi Advisory Opinions May 12, 1993: AGO 000006754 (May 12, 1993)

AGO 000006754.

Dear Mr. Higginbotham:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. Your letter states:

"On March 29, 1993, a Supervisor on the Noxubee County Board of Supervisors passed away. Some questions have been raised regarding how we should fill that position.

Could you please send us a written response stating what the State law says about this and the alternatives we have. Several people have expressed an interest in the position."

The vacancy on a county board of supervisors must be filled in accordance with Mississippi Code Annotated Section 23-15-839 (Revised 1990). In summary, that statute requires the remaining members of the board of supervisors to appoint an eligible person to serve on an interim basis until a special election is conducted to elect someone to serve the remainder of the term.

Section 23-15-833 designates the first Tuesday after the first Monday in November of each year as the "regular special election day". Therefore, a special election must held on Tuesday, November 2, 1993. The person elected will be eligible to assume the duties of the office upon receipt of a certificate of election from the county election commission and the acquisition of the required surety bond.

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

BY: Phil Carter Assistant Attorney General

PC:mfd