Mississippi Advisory Opinions December 05, 1995: AGO 000010907 (December 5, 1995)

AGO 000010907.

Dear Mr. McCullough:

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

"I presently am serving as Supervisor for District 5 in Madison County, Mississippi, and won the Democratic primaries, as well as the General Election, on November 7, 1995.

In the first primary, Mr. Millard Beamon filed a lawsuit indicating that he should have been in the runoff with me as opposed to Mr. Timmy Pickett, and Judge Prisock, a Special Judge, indicated that they were fourteen (14) votes in question. Therefore, there should be Special Elections conducted in 1996 based on the Governor setting the time for the election. There is also pending at this time a lawsuit by Mr. Pickett indicating that he should have won the second primary, therefore being the Democratic nominee, and this case has been tried and we are awaiting a decision by Special Judge Eubanks.

As you can see, based on litigation and based on additional elections, it may be some time before the result of the 1995 election is finally concluded.

My question is: Do I continue to serve until such time as I am replaced or affirmed by the Court and/or an election?"

Mississippi Code Annotated, Section 23-15-193 (Supp. 1995) provides:

"At the election in 1995, and every four (4) years thereafter, there shall be elected a Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, State Treasurer, Attorney General, three (3) Public Service Commissioners, three (3) Mississippi Transportation Commissioners, Commissioner of Insurance, Commissioner of Agriculture and Commerce, Senators and members of the House of Representatives in the Legislature, district attorneys for the several districts, clerks of the circuit and chancery courts of the several counties, as well as sheriffs, coroners, assessors, surveyors and members of the boards of supervisors, justice court judges and constables, and all other officers to be elected by the people at the general state election. All such officers shall hold their offices for a term of four (4) years, and until their successors are elected and qualified. The state officers shall be elected in the manner prescribed in Section 140 of the Constitution." (emphasis ours)

In response to your question, we are of the opinion the above quoted statutory provisions specifically authorize you to continue to serve until such time as a successor is lawfully elected and qualified. Therefore, in our opinion you may remain in office pending the outcome of the pending litigation and any special election that may be ordered.

Sincerely,

MIKE MOORE ATTORNEY GENERAL

By:

Phil Carter Special Assistant Attorney General

PC:sm