Mississippi Advisory Opinions July 02, 1992: 19920702 (July 02, 1992)

Advisory Opinion Text

Honorable James Breland

Greene County Election Commission

Post Office Box 244

Neely, Mississippi 39461

Re: SEPARATION OF POWER; CANDIDATE QUALIFICATION

Dear Mr. Breland:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. Your letter states:

“As chairman of the Greene County Election Commission, I would like for you to give me your opinion on two different issues.

Question number one:

Is it legal for a Justice Court Judge to be on salary and draw about $900 a month and also be a principal of a junior high school and draw another check for that. In other words, draw two checks from holding two county jobs. I wrote the Mississippi Ethics Commission about the person holding two county jobs and they referred me to you. If you can please give me your opinion on this.

Question number two:

As you know, we are going to have a special election in November during the General Election to fill the vacancy in the circuit clerk's office. If a candidate qualifies, does he or she have to have a petition with so many names on it before he can qualify to run in a special election for circuit clerk. If so, give me the total of names he or she has to have on a petition before their name can be put on the ballot.

Personally, the only one that I am aware of having to have a petition with fifty (50) names on a petition is for school board and election commissions within their supervisors district. Please give me your opinion if a candidate has to have a petition with so many names on it before his name can be put on the ballot.”

Your first question does not relate to the duties of the office of election commissioner. Therefore, we are unable to respond with an official opinion. However, for your information we are enclosing a copy of an opinion addressed to Honorable Oliver E. Diaz, Jr., dated July 18, 1990, which sets forth the criteria for determining whether a separation of power violation exists.

In response to your second question Mississippi Code Annotated § 23–15–359 (1) (Revised 1990) provides in part:

“The commissioner shall also have printed on the ballot in any general or special election the name of any candidate who, not having been nominated by a political party, shall have been requested to be a candidate for any office by a petition filed as provided for in subsection (3) or (4) of this section, as appropriate, and signed by not less than the following number of qualified electors: * * *

(f) For an office elected by the qualified electors of a county, not less than fifty (50) qualified electors.”

Sincerely,

Mike Moore, Attorney General.