Judges: WINSTON BRYANT, Attorney General
Filed Date: 11/27/1991
Status: Precedential
Modified Date: 7/5/2016
Mr. Charles E. Mosley Jr., Chairman Mississippi County Election Commission Court House Blytheville, Arkansas 72315
Dear Mr. Mosley:
This is in response to your request for an opinion on the vote required in a special election to elect a municipal judge to fill a vacancy. Specifically, you note that three active candidates have filed in Mississippi County to run for the vacancy in a municipal judgeship. The special election has been called by the Governor and set for December 3, 1991. Your question is whether, if one of the three candidates does not receive a majority in the special election, a runoff election will be necessary.
It is my opinion that no runoff election is necessary or authorized.
As you have noted, A.C.A. §
It is therefore clear, in my opinion, that this statute is inapplicable in the case of special elections held to fill vacancies. A contrary conclusion was expressed in Unofficial Op. Att'y. Gen. No. 86-471. The correctness of that opinion was questioned in Opinion No.
Additionally, I have found no other provision of Arkansas law which governs the issue of whether a runoff election is required in this instance. This being the case, it appears that the universal rule is that in the absence of a statute or constitutional provision expressly requiring more, a plurality of votes is sufficient to elect. 29 C.J.S. Elections § 241, at 674. See also Miller v. Burley,
It is thus my opinion, although there are no Arkansas cases directly on point, that no runoff election is necessary in the special election to fill this vacancy.
The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Elana L. Cunningham.
Sincerely,
WINSTON BRYANT Attorney General
WB:cyh