Mississippi Advisory Opinions November 25, 1985: AGO 000009083 (November 25, 1985)

AGO 000009083.

Dear Mr. Hall:

Attorney General Pittman has received your opinion request and has assigned it to me for research and reply. According to your letter a vacancy occured in the office of constable which was subsequently filled by appointment with a corresponding order commanding the election commissioners to hold an election on November 5, 1985, as provided by law. With this background you submit the following inquiry:

"The temporary constable has been serving since the appointment of October, 1984, but notice of the election was failed to be published in time for the election to be held in November, 1985. Accordingly, may the temporary constable continue to serve until an election is held? Should another election be called and noticed for November, 1986? Or earlier?"

As you have noted in your letter, Miss. Code Ann. 23-5-197 (Supp. 1985) and 23-5-203 (Supp. 1985) clearly require special or vacancy elections be held in November of each year.

We find no authority, short of a court order commanding otherwise, allowing the Stone County Board of Supervisors to call for a special election at any other time. Accordingly, it is the opinion of this office that the Board should make an order, in writing, directed to the Commissioners of election, commanding an election to be held on the next regular special election day, i.e., November 1986, for the purpose of filling the Constable vacancy.

Furthermore, said 23-5-197 provides that the appointee "...shall serve until a successor is elected as hereinafter provided...". As such, it is the opinion of this office that the October 1984 appointee may continue to serve until a successor is elected.

If we can be of any additional assistance on this or other matters, please let us know.

Sincerely yours,

EDWIN LLOYD PITTMAN, ATTORNEY GENERAL

BY: Samuel W. Keyes, Jr. Special Assistant Attorney General

SWK,Jr./lcm