Lawsuit in Mississippi Over Special Election for Senate

Lott resigned on December 18, so as to avoid the new ethics rules in his new lobbying job.

Mississippi law, Mississippi Code 23-15-855, requires that a special election occur within 90 days of a vacancy.

There is an exception, but only if a vacancy occurs in a year there shall be a general state or congressional election. (emphasis mine).

Since Lott could not wait an additional 11 days, he needed to collect his fat fees, the law is clear: a special election has to occur within 90 days.

Of course Haley Barbour, like any good Republican has decided that the law does not apply to him when it is inconvenient, so state Attorney General Jim Hood had taken him to court.

Here is the section of code:

SEC. 23-15-855. Elections to fill vacancies in office of U.S. Senator; interim appointments by Governor.

(1) If a vacancy shall occur in the office of United States Senator from Mississippi by death, resignation or otherwise, the Governor shall, within ten (10) days after receiving official notice of such vacancy, issue his proclamation for an election to be held in the state to elect a Senator to fill such unexpired term as may remain, provided the unexpired term is more than twelve (12) months and the election shall be held within ninety (90) days from the time the proclamation is issued and the returns of such election shall be certified to the Governor in the manner set out above for regular elections, unless the vacancy shall occur in a year that there shall be held a general state or congressional election, in which event the Governor's proclamation shall designate the general election day as the time for electing a Senator, and the vacancy shall be filled by appointment as hereinafter provided.

(2) In case of a vacancy in the office of United States Senator, the Governor may appoint a Senator to fill such vacancy temporarily, and if the United States Senate be in session at the time the vacancy occurs the Governor shall appoint a Senator within ten (10) days after receiving official notice thereof, and the Senator so appointed shall serve until his successor is elected and commissioned as provided for in subsection (1) of this section, provided that such unexpired term as he may be appointed to fill shall be for a longer time than one (1) year, but if for a shorter time than one (1) year he shall serve for the full time of the unexpired term and no special election shall be called by the Governor but his successor shall be elected at the regular election.

SOURCES: Derived from 1972 Code Sec. 23-5-229 [Codes, Hemingway's 1917, Sec. 6835; 1930, Sec. 6279; 1942, Sec. 3308; Laws, 1914, ch. 148] and Sec. 23-5-231 [Codes, Hemingway's 1917, Sec. 6836; 1930, Sec. 6280; 1942, Sec. 3309; Laws, 1914, ch. 148], both Repealed by Laws, 1986, ch. 495, Sec. 335; En, Laws, 1986, ch. 495, Sec. 260, eff from and after January 1, 1987.

Hood's suit is here. (pdf)