If a Mississippi school district seat covers two counties, where does a candidate qualify in a special election, both counties or just one?

Plain-English summary

Lamar County School Board District "C" sits partly in Lamar County and partly in Pearl River County. A vacancy needed to be filled by special election during the upcoming general election. The qualifying procedures in Section 23-15-839 (referenced in Section 37-5-19 for school board vacancies) require candidates to qualify with the county election commission at least 75 days before the election. But the statute assumes a single county. Where do candidates for a multi-county district file?

The AG cited the 1996 Eskridge opinion, which is still the authority on this point:

for the single-member districts that lie partially in both counties, a candidate may have a single qualifying petition signed by qualified electors of the district regardless of county in which they may reside. Such qualifying petition should be filed in the county in which the school superintendent's office is located. A Circuit Clerk verifying signatures on a petition should forward an official certification of the valid signatures to the Circuit Clerk and election commissioners of the other county for purposes of ensuring that the candidate's name appears on the appropriate ballots.

So:

1. One qualifying petition.
2. Signatures from any qualified electors in the district, regardless of county.
3. File in the county where the superintendent's office is located.
4. Circuit Clerk verifies and forwards the certification to the other county's Circuit Clerk and election commissioners.

The other questions (what to do if one county disqualifies but the other certifies, and whether candidates file in their county of residence vs. the county of the superintendent's office) are mooted by the answer to #1. There is one petition in one county, so there is no risk of conflicting decisions.

Statutory framework: Section 37-5-19 governs school board vacancies. When a vacancy occurs more than 5 months before the next general election and the remaining members cannot agree on an appointment, any two members can certify the disagreement to the county election commission, which holds a special election under Section 23-15-839. Section 23-15-833 says special elections "shall in all respects be held, conducted and returned in the same manner as general elections."

Section 37-7-201 sets eligibility: to be a school board trustee in a district lying in two or more counties, "such person must be a bona fide resident and a qualified elector of the territory entitled to such representation on the board."

What this means for you

For school district attorneys and prospective candidates in multi-county districts

The opinion applies the 1996 Eskridge opinion: for a single-member district lying partly in two counties, a candidate "may have a single qualifying petition signed by qualified electors of the district regardless of county in which they may reside," and that petition "should be filed in the county in which the school superintendent's office is located." The opinion also quotes § 23-15-839's requirement that candidates qualify "at least seventy-five (75) days before the date of the election."

For Circuit Clerks and county election commissioners

Under the Eskridge language the opinion quotes, the Circuit Clerk who verifies the signatures "should forward an official certification of the valid signatures to the Circuit Clerk and election commissioners of the other county for purposes of ensuring that the candidate's name appears on the appropriate ballots." Because the candidate qualifies in one county, the opinion treats the second and third questions (what happens if the two counties reach different results, and whether a candidate files by residence) as moot.

For school board members and the public

The opinion settles where candidates qualify for a two-county school board seat: in the county where the superintendent's office is located, with one petition that both counties then use to place the candidate on their ballots.

Common questions

Where does a candidate file for a multi-county school board seat?
In the county where the school superintendent's office is located.

Can the petition include signatures from both counties?
Yes. A single petition can have signatures from qualified electors of the district regardless of which county they live in.

What happens after the candidate files?
The Circuit Clerk in the filing county verifies the signatures. The clerk then forwards an official certification of valid signatures to the other county's Circuit Clerk and election commissioners so the candidate's name can appear on both counties' ballots.

What is the qualifying deadline?
At least 75 days before the special election, per Section 23-15-839.

What if the special election needs to be held during a general election?
Section 23-15-833 says special elections are held, conducted, and returned in the same manner as general elections. The mechanics are the same.

Background and statutory framework

Section 37-5-19 governs filling school board vacancies. When a vacancy occurs more than 5 months before the next general election and the remaining members cannot agree on an appointment, any two members may certify the disagreement to the county election commission, which holds a special election under the laws governing special elections to fill vacancies in county or county district offices.

Section 23-15-839 (the special election procedure):

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 seventy-five (75) days before the date of the election.

Section 23-15-833: special elections "shall in all respects be held, conducted and returned in the same manner as general elections."

Section 37-7-201 sets eligibility for school board trustees in multi-county districts: "such person must be a bona fide resident and a qualified elector of the territory entitled to such representation on the board."

The Eskridge opinion (Aug. 16, 1996) provides the multi-county filing framework: one petition, one filing county (where the superintendent's office is located), Circuit Clerk verification, and forwarding to the other county.

Citations

• Miss. Code Ann. § 23-15-833 (special elections held same as general elections)
• Miss. Code Ann. § 23-15-839 (special election procedure; 75-day qualifying)
• Miss. Code Ann. § 37-5-19 (school board vacancy filling)
• Miss. Code Ann. § 37-7-201 (eligibility for trustees in multi-county districts)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2025/08/R.-Norton-August-25-2025-Qualification-of-School-Board-Candidates-in-Special-Election.pdf

Original opinion text

August 25, 2025
Rick Norton, Esq.
School Board Attorney
Lamar County School District
Post Office Box 18109
Hattiesburg, Mississippi 39404-8109
Re:

Qualification of School Board Candidates in Special Election

Dear Mr. Norton:
The Office of the Attorney General has received your request for an official opinion.
Background
According to your request, Lamar County School Board District "C" is located partially in Lamar
County and partially in Pearl River County. A special election is needed to fill a vacancy for Lamar
County School District "C" representative, which the school board intends to hold during the
upcoming general election. The procedures for filling a vacancy in a county school board seat by
a special election are governed by Mississippi Code Annotated Section 23-15-839 as set forth in
Section 37-5-19. Section 23-15-839 requires a candidate to qualify with the county election
commission at least seventy-five (75) days before the election. The question arises: which county
election commission must candidates qualify with, since Section 23-15-839 only contemplates a
single county being involved. Accordingly, you request an opinion as to whether candidates are
required to file with both county election commissions, or are they only required to file with one.
Questions Presented

1. Where do candidates for Lamar County School Board, District "C" qualify, Lamar
   County, Pearl River County, or both?
2. If both, what is the procedure if one county election commission disqualifies them but the
   other places them on the ballot?
3. If they are only required to file with one, is it with the county they reside in or with Lamar
   County since that is where the majority of the territory is located?

Brief Response

1. In MS AG Op., Eskridge at *2 (Aug. 16, 1996), this office opined, "for the single-member
   districts that lie partially in both counties, a candidate may have a single qualifying petition
   signed by qualified electors of the district regardless of county in which they may reside.
   Such qualifying petition should be filed in the county in which the school superintendent's
   office is located."
2. Given the response to question one, this question is moot.
3. Please see response to question one.
   Applicable Law and Discussion
   Pursuant to Section 37-5-19, when a county school board "vacancy occurs more than five (5)
   months prior to the next general election and the remaining members of the county board of
   education are unable to agree upon an individual to be appointed, any two (2) of the remaining
   members may certify such disagreement to the county election commission." Thereafter, "the
   commission shall hold a special election to fill the vacancy, which said election, notice thereof and
   ballot shall be controlled by the laws concerning special elections to fill vacancies in county or
   county district offices." Miss. Code Ann. § 37-5-19. These procedures are set forth in Section 23-15-839 and provide in relevant part that "[t]he 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." Thereafter, "[t]he election commissioners shall require each candidate to qualify at
   least seventy-five (75) days before the date of the election." Miss. Code Ann. § 23-15-839.
   Section 23-15-833, regarding special elections generally, further states that "[a]ll special elections,
   or elections to fill vacancies, shall in all respects be held, conducted and returned in the same
   manner as general elections." Specific to school board qualification, Section 37-7-201 provides,
   "to be eligible to hold the office of trustee . . . of a school district lying in two or more counties .
   . . such person must be a bona fide resident and a qualified elector of the territory entitled to such
   representation on the board." Finally, in regard to filing a qualifying petition for a school district
   lying in two or more counties, our office has opined:

[F]or the single-member districts that lie partially in both counties, a candidate may
have a single qualifying petition signed by qualified electors of the district regardless
of county in which they may reside. Such qualifying petition should be filed in the
county in which the school superintendent's office is located. A Circuit Clerk
verifying signatures on a petition should forward an official certification of the valid
signatures to the Circuit Clerk and election commissioners of the other county for
purposes of ensuring that the candidate's name appears on the appropriate ballots.

MS AG Op., Eskridge at *2.
If this office may be of any further assistance to you, please do not hesitate to contact us.
Sincerely,
LYNN FITCH, ATTORNEY GENERAL
By:

/s/ Maggie Kate Bobo
Maggie Kate Bobo
Special Assistant Attorney General