Mississippi Advisory Opinions January 08, 1988: 19880108 (January 08, 1988)

Advisory Opinion Text

Honorable Hubbard T. Saunders, IV

Special Counsel

Town of Gloster

Post Office Box 2398

Jackson, Mississippi 39225-2398

Dear Mr. Saunders:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. A copy of your request is attached hereto and incorporated herein by reference. The questions raised by your request will be answered in order below.

QUESTION NO. 1 : Whose name should be placed on the ballot in the Democratic run-off election when there is a tie in the first primary between those receiving the next highest vote?

RESPONSE : We can find no municipal statute which specifically addresses this question. However, where specific statutes are silent, resort may be made to statutes relating to the same or closely allied subject matter. See, Lopez v. Holloman , 219 Miss. 822, 69 So.2d 903 (1954) . Pursuant to Miss. Code Ann. § 23-15-171 (Supp. 1987) municipal primaries should be held and conducted in the same manner as state and county primary elections. Therefore it is the opinion of this office that Miss. Code Ann. § 23-15-191 (Supp. 1987) is controlling. This statute requires that the candidate receiving the highest vote and both the candidates who received the next highest vote shall go into the second primary. Whoever receives the greatest number of votes in the second primary shall be entitled to the nomination.

QUESTION NO. 2 : Since no Republicans or Independents qualified for office, the only names on the General Election ballot will be those of the Democratic Party nominees. Under these circumstances, is it necessary for the municipality to conduct a general election?

RESPONSE : Generally, public officials are required to be elected at a general election. More specifically, Miss. Code Ann. § 23-15-173 (Supp. 1987) requires a general election of all municipal officers. We are aware of no statute which would remove the necessity of conducting a general election. It also appears that the federal court order mandates that a general election be held on Tuesday, February 2, 1988. In any event, it is the opinion of this office that all municipal officers should be elected by the people at a general election.

Should you have any questions or if we may be of further assistance, please do not hesitate to contact this office.

Sincerely,

Mike Moore, Attorney General

John H. Emfinger, Special Assistant Attorney General