County Attorney Rheubin Taylor said in a legal opinion that the special election to choose a successor to Rep. Mike Carter In House District 29 could not also include the District 9 County Commission seat at the same time.
Rep. Carter died recently from pancreatic cancer.
District 9 County Commissioner Chester Bankston is giving up his seat and moving to Florida.
Governor Bill Lee has not yet issued the Writ of Election that will determine when this year the primary and general special elections will take place.
County Commissioner Greg Martin had asked Attorney Taylor if the County Commission members could forego appointing an interim commissioner for District 9 and merge it into the House District 29 special vote.
Attorney Taylor replied "No."
He said County Commission District 9 as presently laid out spans four different state House districts - including District 29 and three others.
Attorney Taylor said trying to fit both issues on the same ballot would result in only District 9 residents who are also in House District 29 being able to vote. He said other voters in the district would be disenfranchised.
He said the commission needs to go ahead and make an appointment. The appointee will serve until the next general county election in August 2022. The winner of the District 9 election will take office on Sept. 1, 2022.
Eight candidates are in the running for the District 9 vacancy on the County Commission.
Those seeking the post are:
Shannon Stephenson
Jeff Eversole
Stephen Highlander
Dean Moorhouse
Tunyekia Adamson
Andrew Mullins
Rob Healy
Charles Lowery Jr.
The appointment will be by the County Commission at a meeting on June 2.
Commissioner Bankston's resignation is effective May 31.