Mississippi Advisory Opinions November 16, 1992: AGO 000006430 (November 16, 1992)
Collection: Mississippi Attorney General Opinions
Docket: AGO 000006430
Date: Nov. 16, 1992
Advisory Opinion Text
AGO 000006430.
1992-0886
AUTH Phil Carter
DATE 19921116
RQNM Sally Berkley
SUBJ Elections - Special
SBCD 75
TEXT Honorable Sally Berkley
Franklin County Election Commission
Post Office Box 267
Meadville, Mississippi 39653
Dear Mrs. Berkley:
Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. Your letter states:
"We request an opinion on the following issue:
A special election to fill a vacancy on the Franklin County School Board, District 3, was held November 3, 1992. Three people ran for this office. One candidate received 44.69%; the second 26.68%; the third 25.76% of the vote. Some people in the district feel there will be a runoff election. Code 37-5-19 is the code we have gone by, the first paragraph stipulates the manner of filling vacancies and states '..... a member shall be elected to fill the remainder of the unexpired term in the same manner and with the same qualifications applicable to the election of a member for the full term.'
Based on this code section, we did not feel a runoff election would be held.
There is confusion in the county over this and we ask that you issue an opinion as quick as possible."
It is our understanding that, pursuant to the first unnumbered paragraph of Mississippi Code Annotated Section 37-5- 19 (Revised 1990), an individual was appointed by the remaining members of the Franklin County School Board to serve until the first Monday in January, 1993 at which time the person elected on November 3, 1992 would assume the office and serve the remainder of the term. Based on this understanding, it is our opinion that your conclusion that no runoff is to be held is correct.
For clarification purposes, had the remaining members of the school board been unable to agree on the interim appointment, a special election pursuant to the second unnumbered paragraph of Section 37-5-19 would have been required. That paragraph provides that the election is to be controlled by the laws concerning special elections to fill vacancies in county or county district offices. If that had been the situation, Section 23-15-833 would have required that a runoff be held.
Sincerely,
MIKE MOORE, ATTORNEY GENERAL
BY: Phil Carter Assistant Attorney General
PC:mfd