Mississippi Advisory Opinions June 03, 1993: AGO 000006787 (June 3, 1993)
Collection: Mississippi Attorney General Opinions
Docket: AGO 000006787
Date: June 3, 1993
Advisory Opinion Text
AGO 000006787.
DOCK 1993-0391
AUTH Phil Carter
DATE 19930603
RQNM Margie Mosley
SUBJ Elections - Special
SBCD 75
TEXT Honorable Margie G. Mosley
Circuit Clerk
Post Office Box 428
Waynesboro, Mississippi 39367
Dear Ms. Mosley:
Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. Your letter states: "A vacancy has occurred in the office of Justice Court Judge Post I. The Board of Supervisors has notified the Election Commissioners concerning the vacancy and the date for the Special Election has been scheduled for November 2, 1993. Would the qualifying deadline be sixty (60) days prior to the election being September 3rd and could the candidates start qualifying now?" Mississippi Code Annotated Section 23-15-839 (Revised 1990) sets forth the procedure for conducting special elections to fill vacancies in county and county district offices. It specifically provides that "(t)he election commissioners shall require each candidate to qualify at least sixty (60) days before the date of the election ....". Section 23-15-833 designates the first Tuesday after the first Monday in November of each year as the special election day. We find no statutory provision that prescribes when candidates may begin qualifying. Therefore, in response to your inquiry, candidates may begin qualifying now and the qualifying deadline would be sixty (60) days prior to November 2, 1993 which is Friday, September 3, 1993.
Sincerely, MIKE MOORE, ATTORNEY GENERAL BY: Phil Carter Assistant Attorney General PC:mfd