Mississippi Advisory Opinions January 26, 1989: AGO 000008597 (January 26, 1989)
Collection: Mississippi Attorney General Opinions
Docket: AGO 000008597
Date: Jan. 26, 1989
Advisory Opinion Text
AGO 000008597.
DOCK 1988-1078
AUTH Giles Bryant
DATE 19890126
RQNM Gerald Gex
SUBJ Elections - Special
SBCD 75
TEXT Gerald C. Gex, Esquire
Water Tower Plaza
636 Highway 90
Waveland, Mississippi 39576
Dear Mr. Gex:
Attorney General Mike Moore has received your letter requesting an opinion from this office and has assigned it to me for research and reply.
Your letter states as follows:
In reference to the captioned matter, I have been requested by the Hancock County Election Commission to obtain an opinion from you relative to the election date to fill the unexpired term of an election commissioner. The facts of our problem are as follows: Eugene Dillmann was unopposed in the general election in November 1988 and on November 21 he died, creating a vacancy on our election commission. The board of supervisors then appointed Mrs. Jean Dorsey to serve his unexpired term. On January 3, 1989, if it is the board's pleasure, they will reappoint Mrs. Dorsey to serve as election commissioner until the next election.
As I read the new election laws, the candidates will run in the November 1989 election, however, the circuit clerk has raised a question as to whether or not the election should be held sooner. Therefore, I would appreciate your written opinion as to when the candidates should run for the unexpired term of Mr. Eugene Dillmann, which would be commencing January 3, 1989, for a four-year term.
Under the provisions of Sections 23-15-833 and 23-15-839, Miss. Code Ann. (Supp. 1988), the special election to fill the unexpired term of Mr. Eugene Dillmann should be held on the first Tuesday after the first Monday in November, 1989.
We have received several inquiries from local officials as to whether special elections to fill vacancies in county offices could be held in conjunction with the judicial elections recently ordered by the federal courts. It is the opinion of this office that the provisions of Sections 23-15-833 and 23-15-839, supra, do not permit the holding of special elections to fill vacancies in county offices on a date other than the November Special Election date.
Very truly yours,
MIKE MOORE, ATTORNEY GENERAL
By: Giles W. Bryant Special Assistant Attorney General
/jw