Mississippi Advisory Opinions September 20, 2013: AGO 2013-00383 (September 20, 2013)

Advisory Opinion Text

AUTH: Phil Carter

RQNM: John McWilliams

SUBJ: Elections

SBCD: 71

TEXT: John H. McWilliams, Esquire

Attorney for Sunflower County Election Commission

Post Office Box 288

Drew, Mississippi 38737-0288

Re: Qualifications of Candidates for School Board

Dear Mr. McWilliams:

Attorney General Jim Hood received your letter of request and assigned it to me for research and reply.

Issues Presented

You cite Mississippi Code Annotated Section 37-7-104 which requires the consolidation of all the school districts in Sunflower County and requires a November, 2013 special election to elect members of the new County Board of Education. That statute specifically provides that “(n)o previous board member shall be eligible to serve on the newly elected board.” You state that two potential candidates have qualified to run for the seat on the new board serving district 2 and seek our opinion on the eligibility of each.

One potential candidate was serving on the board of the Indianola School District at the time such district was placed under conservatorship.

The other potential candidate previously served on the board of the Indianola School District, but was not serving on that Board when the State took over and placed the Indianola School District under conservatorship.

Response

Based on the facts presented, we are of the opinion that neither of these potential candidates are eligible to serve on the new board. However, the two potential candidates must be given an opportunity to appear before the Election Commission and be heard on the matter. The names of the potential candidates must not be placed on the ballot unless they can show that they were not previous board members and are otherwise qualified to serve on the new board.

Applicable Law and Discussion

The Mississippi Supreme Court in Guardianship of Albert Jermaine Duckett v. Albert Jermaine Duckett, Walter Williams Jr., and Walter Williams , 991 So.2d 1165 (Miss. 2008) said:

If a statute is plain and unambiguous, there is no need for this Court to engage in statutory interpretation. Dupree v. Carroll, 967 So.2d 27, 30 (Miss. 2007) (citation omitted).

Section 37-7-104 is plain and unambiguous that no previous board member is eligible to serve on the new board.

The Court has also held that a candidate whose qualifications are in question must be allowed an opportunity to be heard prior to a final determination as to whether the name of that candidate will be placed on the ballot. Wallace v. Town of Edwards, 213 WL 3894145 (Miss. 2013)

Sincerely,

JIM HOOD, ATTORNEY GENERAL

Phil Carter, Special Assistant Attorney General.