Here's the pertinent excerpt from the statute again. § 23-15-855. Elections to fill vacancies in office of U.S. Senator; interim appointments by Governor.
(1) If a vacancy shall occur in the office of United States Senator from Mississippi by death, resignation or otherwise, the Governor shall, within ten (10) days after receiving official notice of such vacancy, issue his proclamation for an election to be held in the state to elect a Senator to fill such unexpired term as may remain, provided the unexpired term is more than twelve (12) months and the election shall be held within ninety (90) days from the time the proclamation is issued and the returns of such election shall be certified to the Governor in the manner set out above for regular elections, unless the vacancy shall occur in a year that there shall be held a general state or congressional election, in which event the Governor's proclamation shall designate the general election day as the time for electing a Senator, and the vacancy shall be filled by appointment as hereinafter provided.
(2) In case of a vacancy in the office of United States Senator, the Governor may appoint a Senator to fill such vacancy temporarily, and if the United States Senate be in session at the time the vacancy occurs the Governor shall appoint a Senator within ten (10) days after receiving official notice thereof, and the Senator so appointed shall serve until his successor is elected and commissioned as provided for in subsection (1) of this section, provided that such unexpired term as he may be appointed to fill shall be for a longer time than one (1) year, but if for a shorter time than one (1) year he shall serve for the full time of the unexpired term and no special election shall be called by the Governor but his successor shall be elected at the regular election.
I am not a lawyer. I don't even play one on TV or the movies; however, the way I interpret the Statute is if Lott resigns his Senate seat prior to the Senate reconvening in January, Musgrove can appoint an interim but he has to call a special election for the seat in 90 days. If Lott dilly dallys and waits until the Senate reconvenes, Musgrove doesn't have to call the special election until the next MS general election which is in November 2003.
If the 90 day rule is true, are there any Republicans that can step up to the plate & win? The Lt. Governor? Barbour?
No, no. Not true. The exception in the law about occuring in a year in which a general election occurs such as 2002 is predicated upon the vacancy occuring prior to the election. Even if it occured Dec 31, 2002. The governor would be required to hold special election in March 2003.