Attorney General Answers FAQ’s About Election Laws Related to Filling Vacant Senate Seat

Q. Why can’t the Governor just appoint someone to fill the vacancy for State Senator instead of calling for a special election? A. In some instances, state law allows the Governor to make temporary appointments when vacancies occur in some elective offices. However, the office of state senator is not one of those instances. State law (Miss. Code Ann. Section 23-15-851) requires that a special election be held whenever a vacancy occurs in the office of state senator or representative. A vacancy was created by the death of Senator Jack Gordon on May 8, 2011. Q. Why are the regular and special elections being held on the same day? A. State law (Miss. Code Ann. Section 23-15-851) gives the Governor the authority to set the date for the special election. In this case, the Governor selected November 8, which is the same date of the regular general election. Q. How long would the person serve who would be elected at the special election? A. The person elected would serve out the remainder of the unexpired term, which in this case would be through December 31, 2011. Q. What happens to the position after December 31, 2011? A. The term for the person elected in the special election expires on December 31, 2011. The term for the person elected in the regular general election is January 3, 2012 through December 31, 2015. Q. How will I cast my votes for state senator in the general election and state senator in the special election to be held on the same day? A. One ballot will be used for the general election and a second ballot will be used for the special election. Q. How will the general and special elections affect absentee voting? A. An absentee ballot application and an absentee ballot will be mailed for the general election and the special election. So, that means the voter will receive two applications and two ballots. Q. Do I have to use all of the envelopes for returning the applications and ballots? A. Yes. Each application and ballot must be mailed separately in order for your ballots be to legal and therefore counted. Q. What should I place in the four envelopes that I receive? A. You will receive two envelopes for returning your absentee ballot applications and two envelopes for your absentee ballots. Be sure to place the proper postage on each of the four envelopes. Q. What will happen if I return the application and the absentee ballot in one envelope for the general election and the application and the absentee ballot in a second envelope for the special election, or the applications in one envelope and the absentee ballots in a second envelope? A. Your votes will not be legal and therefore cannot be counted. The absentee ballot application is required for checking your signature on the envelope containing your absentee ballot. If you place both the application and absentee ballot in the same envelope, pollworkers will have no way of checking your signature. Pollworkers would be prohibited in opening the envelope to remove your application if you place the application in the same envelope containing your absentee ballot. Since two separate elections will be held on the same day, your absentee ballot application and absentee ballot for the regular general election and the special election will be processed at different times. Q. What do I do if I voted the absentee ballot for the general election only and wish to vote in the special election? A. Contact your circuit clerk’s office immediately. Q. Who should I contact if I have questions about this? A. You may contact your county circuit clerk’s office to discuss any questions or concerns.]]]]> ]]>