Mississippi Advisory Opinions March 05, 1981: AGO 000002594 (March 5, 1981)

AGO 000002594.

Attorney General Bill Allain has received your letter and has assigned it to me for research and reply. Your letter states in part:

"We represent the City of Rosedale; and recently the Circuit Court of the First Judicial District of Bolivar County, Mississippi, in a special term, ruled that the December 8, 1980, election of the mayor and two of our four councilmen was void. A photocopy of the Order of the Circuit Court entered in Cause No. 7570 is enclosed for your reference.

We toward are also enclosing for your reference a pho- tocopy of the present Charter of the City of Rosedale. In this regard, I am not sending copies of the annexes of additional territory and change of name from Town of Rosedale to City of Rosedale, as such is not perti- nent to the questions being presented to you.

"We need assistance in construing the effect of the above-referenced Court Order voiding the December election. ..."

You pose three questions to which we respond in the order of presentation. The opinions expressed below are based upon the information stated in your letter.

Question No. 1:

"What officers will constitute the elected officials of the City in view of the election being rendered void? In other words, will the previous mayor and previous two coun- cilmen resume their duties pending a new election, or does a vacancy exist that needs filling by appointment? If the latter is answered in the affirmative, the immediate ques- tion arises as to who makes the appointment."

Response: It is the opinion of this office that the officers who will now constitute the elected officials of thetowardCity until the next election are the persons who held office as mayor and the two councilmen who were in office prior to the election held void by the court, and, of course, the two councilmen who were not candidates in the election held void.

Question No. 2:

"Who will vote in the new election that has been ordered for April 14? In other words, will the persons who were qualified to vote on December 8, 1980, vote, or will the persons qualified to vote 30 days prior to this election vote?"

Response: It is the opinion of this office that the elec- tors eligible to vote in the special election ordered by the court to be held on Tuesday, April 14, 1981, are all those e- lectors who would be qualified to vote in a general election for municipal elective office of Rosedale. Such electors, if otherwise qualified, would include those who were residents of Rosedale for thirty (30) days prior to April 14, 1981, and who were duly registered to vote in the county and municipality thirty (30) days prior to April 14, 1981.

Question No. 3:

"Since the Election Commissioners do not have a source of funds, is it a proper function of the office of City Attorney to advise the Election Commission on election procedures?"

Response: Yes.

With kind regards, I am

Very truly yours,

BILL ALLAIN, ATTORNEY GENERAL

BY:

S. E. Birdsong, Jr. Assistant Attorney General

SEB,Jr./mg ***BRS DOCUMENT BOUNDARY***