McIntosh v. Sanders

Summary

The Mississippi Supreme Court considered whether general statutory appeal procedures applied to a post-election challenge to a county election commissioner candidate’s qualifications. The court held that Mississippi Code section 23-15-951 supplied the appropriate procedure and that a special election was not required after the candidate was disqualified where no other candidates remained. The court affirmed the trial court’s judgment declaring Barbara Sanders the winning candidate.

Holdings

1. Mississippi Code sections 11-51-75 and 11-51-93, which provide general appeal procedures for actions of local officials, did not govern the challenge. Because the board of supervisors was acting as the election commission and the Mississippi Election Code specifically addressed election contests, section 23-15-951 supplied the appropriate procedure.
2. A special election was not required because McIntosh's disqualification left no other candidate in the contest; Sanders was therefore properly declared the winner.

Questions Presented

1. Whether Mississippi Code sections 11-51-75 or 11-51-93 supplied the exclusive appellate procedure for challenging the county board of supervisors' verification of McIntosh's qualifications.
2. Whether Mississippi Code section 23-15-951 supplied the proper procedure for contesting McIntosh's election and qualification after the general election.
3. Whether the trial court was required to order a special election after McIntosh was disqualified.

Disposition

affirmed