Mississippi Advisory Opinions August 14, 1998: AGO 98-0501 (August 14, 1998)

Advisory Opinion Text

Honorable Thomas G. Wallace

Attorney, City of Columbus

P.O. Box 251

Columbus, Mississippi 39703

Re: Special Charter/Special Elections

Dear Mr. Wallace:

Attorney General Mike Moore has received your request for an official opinion and has assigned it to me for research and reply. In your letter you request an official opinion on whether it is necessary for partisan primaries to be held in the special election to fill a vacant councilman's seat.

Columbus is a special charter city. You have attached the pertinent provisions of the city charter. You point out that Section 18 of the Columbus City Charter states “the city council shall at once cause an election to be held by the qualified voters of the City to fill such a vacancy, which election shall be conducted as other elections herein provided for.” You further state that no section of the City Charter makes any mention of primary elections. Section 10-1 of the City Charter provides “[a]ll elections shall be conducted and governed by the provisions of the City's charter and the state election law, as far as applicable, except as herein otherwise directed.”

Section 23-15-837, Miss. Code Ann . sets forth the procedures to fill vacancies in city, town or village offices. There are no provisions for primary elections when filling such vacancies through special elections.

It is the opinion of this office that since the special charter of the City of Columbus does not require that primaries be held to fill a vacancy of a municipal office, and there is no statutory requirement of such, we find no authority for primary elections to be held to fill the vacant councilman's seat.

If this office can be of any further assistance, please let us know.

Very truly yours,

Mike Moore, Attorney General.

Sandra Murphy Shelson Special Assistant Attorney General.