Mississippi Advisory Opinions January 16, 1991: AGO 000010761 (January 16, 1991)

AGO 000010761.

Dear Mr. Meadows:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply.

Your letter states:

"Pursuant to our telephone conversation, I have reviewed Section 23-15-839 of Mississippi Code of 1972, as amended, concerning the election of a new member of Harrison County Election Commission due to the recent death of one of the Commissioners.

If possible, the County want to avoid the necessary expenditure of funds to hold a special election. However, reading the referenced statute, it appears that we cannot wait until the August primary to hold an election given the fact this is eight months away.

I would appreciate any advice and/or suggestions you might have in this regard."

Since the regular election for county election commissioners will not be held until 1992 pursuant to Mississippi Code Annotated Section 23-15-213 (1972), we agree that a special election must be held this year to fill the remainder of the unexpired term. However Section 23-15-839 provides that the vacancy must be filled, on an interim basis, by appointment by the board of supervisors and that the appointee will serve until a successor is elected at the next "regular special election day" occurring more than ninety (90) days after the occurrence of the vacancy.

Section 23-15-833 designates the first Tuesday after the first Monday in November of each year as the regular special election day and provides that an election shall be held to fill any vacancy in county and county district offices.

The special election day in 1991 will be Tuesday, November 5 which coincides with this year's general election. Section 23-15-833 also provides that when the regular special election day occurs on the same day as the general election, the names of candidates in any special election shall be placed on the general election ballot but clearly distinguished as a special election. Since the special election will be conducted on the same day as the general election and will appear on the same ballot the cost to the county should be minimal.

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

BY: Phil Carter Special Assistant Attorney General

PC:mfd