Mississippi Advisory Opinions April 16, 1985: AGO 000004654 (April 16, 1985)

AGO 000004654.

Dear Mr. Ford:

Attorney General Pittman has received your opinion request, dated February 21, 1985, and has assigned it to me for research and reply. Your request states:

"The Baldwyn Municipal Separate School District will hold an election on March 2, 1985, to elect a member to the Board of Trustees. Pursuant to Code Section 37-7-213, Mississippi Code, Annotated, 1972, as amended, notice of the election must be given three weeks in advance for each week prior to the election. Upon mistake computing the days, notice of the election will only run twice prior to the election. However, two months prior to the election, the School' Board ran a general notice as to the election date. I have enclosed a copy of that notice also. My question is, will the prior notice be sufficient to substantially comply with the statute with notice for the elections and if not, what remedy would you advise the School Board take to correct the mistake.

"As you know, pursuant to our telephone conversation and upon your initial advice, we are pursuing the election to be held on March 2. However, the school board has requested a written opinion to place in their minutes should any questions arise. I would appreciate the opinion prior to the election if at all possible."

The Office of the Attorney General is of the opinion that a person elected should serve for the term until such time as a person, having standing, challenges the election and it is set aside by a court' of competent jurisdiction.

If we may be of further assistance to you, please let us know.

Very truly yours,

EDWIN LLOYD PITTMAN, ATTORNEY GENERAL

BY:

Robert Reeves Special Assistant Attorney General

RSR/lcm