The Mississippi Supreme Court has upheld a circuit judge's ruling in 2005 that Democrat David Myers can't serve as both state representative and member of the McComb Board of Selectmen.
The Supreme Court ruled that dual offices violate the state constitutional ban on one person serving simultaneously in more than one branch of government: legislative, executive or judicial.
The court also said that in Myers' position in the state House, he could have a measure of control over funding that goes to the city.
The dispute over Myers' status started when the city filed a lawsuit in July 2002, attempting to remove him from the municipal position.
Norman B. Gillis Junior of McComb, the private attorney who represented the city, says the Supreme Court ruling means Myers forfeits the first elected position but keeps the second.
Myers has been on the city board since 1991 and in the Legislature since 1996.
Myers is running unopposed for re-election to the six-member city board; party primaries are November 6 and the city general election is December 4.