§ Miss. Code § 23-15-839(untitled)

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Appointments to fill vacancies in county or county district offices; special
election procedures; procedure where only one person has qualified for candidacy in
special election.
(1) When a vacancy shall occur 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 said board is not in session, and the clerk of the board shall certify to the Secretary
of State the fact of the appointment, and the person so appointed 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 occurrence of the vacancy. The board of supervisors of the county shall, within ten (10)
days after the happening of the vacancy, make an order, in writing, directed to the commissioners
of election, 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
results thereof, certified by the clerk of the board of supervisors. The person elected shall be
commissioned by the Governor.
(2) In any election ordered pursuant to this section where only one (1) person shall have
qualified with the commissioners of election to be a candidate within the time provided by law,
the commissioners of election shall certify to the board of supervisors that there is but one (1)
candidate. Thereupon, the board of supervisors shall dispense with the election and shall appoint
the candidate so certified to fill the unexpired term. The clerk of the board shall certify to the
Secretary of State the candidate so appointed to serve in said office and that candidate shall be
commissioned by the Governor. In the event that no person shall have qualified by 5:00 p.m.
sixty (60) days prior to the date of the election, the commissioners of election shall certify that
fact to the board of supervisors which shall dispense with the election and fill the vacancy by
appointment. The clerk of the board of supervisors shall certify to the Secretary of State the fact
of the appointment, and the person so appointed shall be commissioned by the Governor.

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