The sudden death of Hinds County Sheriff Lee Vance rocked the Jackson area yesterday. No one wants to think about it, including JJ, but there is the matter of succession. A special election will be held to replace the much-beloved Sheriff. The only question is when it will be held. What does the law say?
Mississippi Code Section 23-15-839 states:
(1) When a vacancy occurs in any county or county district office, the same shall be filled by appointment by the board of supervisors of the county, by order entered upon its minutes, where the vacancy occurs, or by appointment of the president of the board of supervisors, by and with the consent of the majority of the board of supervisors, if such vacancy occurs when the board is not in session, and the clerk of the board shall certify to the Secretary of State the appointment, and the appointed person shall be commissioned by the Governor; and if the unexpired term be longer than six (6) months, such appointee shall serve until a successor is elected as hereinafter provided, unless the regular special election day on which the vacancy should be filled occurs in a year in which an election would normally be held for that office as provided by law, in which case the person so appointed shall serve the unexpired portion of the term. Such vacancies shall be filled for the unexpired term by the qualified electors at the next regular special election day occurring more than ninety (90) days after the vacancy occurs. The board of supervisors of the county shall, within ten (10) days after the vacancy occurs, make an order, in writing, directed to the election commissioners, commanding an election to be held on the next regular special election day to fill the vacancy. The election commissioners shall require each candidate to qualify at least sixty (60) days before the date of the election, and shall give a certificate of election to the person elected, and shall return to the Secretary of State a copy of the order of holding the election, showing the election results, certified by the clerk of the board of supervisors. The person elected shall be commissioned by the Governor to take office once the election is certified.
A special election could be held this year. Section 23-15-833 of the Mississippi Code states:
Except as otherwise provided by law, the first Tuesday after the first Monday in November of each year shall be designated the regular special election day, and on that day an election shall be held to fill any vacancy in county, county district, and district attorney elective offices, and any vacancy in the office of circuit judge or chancellor.
All special elections, or elections to fill vacancies, shall in all respects be held, conducted and returned in the same manner as general elections, except that where no candidate receives a majority of the votes cast in the election, a runoff election shall be held three (3) weeks after the election.
Thus there is a 90-day deadline that governs whether the election will be held this year or next year. The first Tuesday in November is November 2.
The vacancy began on August 4. November 2 is the ninetieth day of the vacancy. Soooo...... will there be a special election in 2021 or 2022?
Stay tuned.
18 comments:
2022. "more than ninety (90) days after the vacancy occurs" is the key phrase. The vacancy had to occur on Aug. 3 or earlier for the election to be held this November.
Kingfish, you answered your own question…even bolded it…
If Nov. 2 is exactly 90 days from the date of vacancy, then they aren’t required to hold an election until next year. 23-15-839 clearly states (and you bolded it): “morethan ninety (90) days after the vacancy occurs.”
Come one KF, can't we take time to honor the man rather than starting a shouting match on your blog about who replaces him???
You are correct. However, such a time is when shenanigans take place as opportunists never sleep.
If for no other reason, it would be cheaper to do it in 2022 since we are already going to the polls for the federal midterm elections. Won't require a special election.
2021 is a municiple year, and those elections already happened.
better call Tyrone
11:30 - there will be some special elections this year (2021) for similar vacancies throughout the state. But there are none currently scheduled in Hinds County (one could occur if a vacancy in the MS legislature should occur because the 90 day rule doesn't apply there.)
But your theory holds water - it would be cheaper to do it in 2022. Fact is though, if Sheriff Vance had died on the 3rd rather than the 4th, there would be an election this year regardless of cost. These statutes were instituted to take away the game-playing that some elected officials might try to engage in to benefit themselves or their chosen ones.
11:30, it won’t be “cheaper” if an idiot occupies the position until then. There have been enough recent jail deaths to question whether the county can maintain liability insurance. Wrong person a few more deaths, and nothing in the county will be cheap for a decade.
Zzzzz.
Hinds County will have a special election this year, regardless. Appointed County Court/Youth Court Judge Hicks has to run. Might as well do Sheriff too.
Spooner for Sheriff (just wanted to be first).
Are we free to discuss COVID your highness?
11:05 - Riddle me this: If a oceangoing vessel strikes the rocks and the captain in the wheel-house falls overboard and drowns, do you suggest the crew ignore the water rushing in below-decks while an appropriate period of mourning is observed for the captain?
Good Lord, man. Turn your cap around!
There's no guarantee that the voters won't elect an idiot, so that argument holds no water.
2:26 = Winner!!
If the election is to be held in November the Hinds Co. Elections Commission will need to start hiring vendors to offer voter training, meals for all voters and more large screen TVs for each voting site. This is so important for insuring a large turnout. It’s all in the U.S. Constitution!
2:26, why would you want to discuss Covid in response to this article ? This article is about the sheriff passing away and the special election to elect a new sheriff. The article right above this one deals with Covid, so why don't you respond there. Please pay attention and stay on topic. I know it's hard for you, but please try.
@5:12, because he had COVID, silly
Post a Comment