Barbour said 365 days began when Sen. Trent Lott resigned, with five years remaining in his six-year term. Barbour reasoned that since the 2007 general election had passed, and the next one was Nov. 4, 2008. He set the special election for that date.

Hood said although Lott’s resignation came after the 2007 general election, it did occur in the same year. He said an election should have been set within 90 days of when the vacancy was announced.

A Hinds County judge ruled for Hood. Barbour appealed.

State law defines “year” as a “calendar year” unless the statute specifically says otherwise.

However, the Supreme Court’s majority said the court ruled in a 1924 case that when the same term is used in different ways in a law, the clearest definition should apply.

The majority said the senatorial vacancy law used the terms “year,” “a year” and “one year.” The majority said year, in this case, meant 365 days, and the next general election would be within that period.

The court’s majority said Barbour’s decision to set the election for Nov. 4 is one “permissible” interpretation of the law. The majority did not say that interpretation would apply to every case that comes before the court.

Two dissenting justices said Barbour’s interpretation was no better than anyone else’s. They said deferring to Barbour did not resolve the question.