Mississippi Advisory Opinions July 15, 1994: AGO 94-0427 (July 15, 1994)

Advisory Opinion Text

Mr. Murry Roark, CME

Post Office Box 539

Cleveland, Mississippi 38732

Re: An appointed coroner is not prohibited by statute from seeking the office of coroner.

Dear Mr. Roark:

Attorney General Mike Moore has received your letter of request and has assigned it to the undersigned for research and reply. In your letter you state:

“I recently was appointed by the Board of Supervisors of Bolivar County to fill the position of County Medical Examiner when Vernon Wells died. There will be a special election in November and I plan to run for the position at that time.

I have been told that if you are appointed to a position, then legally you cannot run for the position. I called your office and asked for an opinion and was told that this was not true. Several days later I was shown some statutes that stated that I could not run if I had been appointed.

Would you please check this out for me and send me a written opinion on this. Also, if you find that I cannot run after being appointed, could I resign this position now and run for coroner in November.”

This office is not aware of any authority that would prohibit an individual appointed to the office of county coroner from seeking the office of coroner at the next election. Of course, any candidate for the office of coroner must meet the qualifications set forth in Section 19-21-103, Miss. Code of 1972 . Any candidate elected must also comply with all requirements of Section 19-21-105, Miss. Code of 1972, and the statutes referenced therein.

Very truly yours,

Mike Moore, Attorney General.

Ryan Hood, Special Assistant Attorney General.