Here's the relevant statute: (§ 23-15-855)
If Lott resigns on or before Dec. 31 then the law calls for an election no later than 90 days after he issues a proclamation of election which must be no later than 10 days after he officially learns of the vacancy. Otherwise, the election is delayed until Nov. 4, 2008.
In either case, it appears at first glance that there is no primary in a Mississippi special election.
It depends on who interprets the statute. If Hood wants to challenge the Governor on this issue, he has the powers to do so.
I did read the statute. I even provided a link.
The underlined section applies if Lott waits until Jan. 1 or later to resign, in which case the contest would be held on Nov. 4.
As for my uncertainty as to whether there would be a primary, this section of law mentions nothing about primaries, but I'm not certain if there is another law that is applicable to Mississippi special elections in general that would establish a primary. I know Georgia does not use primaries in special elections, but South Carolina does, so either option is feasible.
Speaking of primaries, as I read the law, it would be possible for the special election to be held March 11 in conjunction with Mississippi presidential primary. The law only provides a maximum time limit, not a minimum, so there would be no need to wait the full 10+90 days. The regular primary is August 5, so there's no way that could be the date of the special election.
