In a letter from Jim Hood to the Governor, the Attorney General clearly lays out the state law that requires special elections to be place on the ballot in the same area as general elections of the same kind.
Here is the original law from 1972:
Miss Code Ann. Section 23-15-833(1972) of the Election Code states that, "In those years when the regular special election day shall occur on the same day as the general election, the names of candidates in any special election and the general election shall be placed on the same ballot, but shall be clearly distinguished as general election candidates or special election candidates."
In 2000, Miss. Code Ann Section 23-15-367(1972) was amended to require:
(2) The titles for the various offices shall be listed in the following order
(a) Candidates for national office;
(b) Candidates for statewide office;
(c) Candidates for state district office;
(d) Candidates for legislative office;
(e) Candidates for countywide office;
(f) Candidates for county district office
Notice there is no provision as amended for special elections to be placed at the bottom of the ballot.
So then it was unlawful for Ronnie Musgrove to approve a sample ballot in 2002 that put special elections for category (c) below the regular elections for category (f).
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