Mississippi Advisory Opinions February 27, 1979: 19790227 (February 27, 1979)

Advisory Opinion Text

Mr. Homer Edgeworth

Office Manager

The Democratic Party of the State of Mississippi

Post Office Box 1583

Jackson, Mississippi 39205

Dear Mr. Edgeworth:

Attorney General Summer has received your letter of request dated February 22, 1979, and has assigned it to me for research and reply.

You submit the following, to-wit:

‘Please advise this office, your ruling in reference to those that wish to run for the Senate and House of Representatives, under the Democratic Banner, in reference to their qualifying in multiple Counties and those qualifying to run in non-multiple Counties.

‘We need to know as to whom the qualifying fee should be sent and the filing of the Corrupt Practices Act Affidavit, as it is now our understanding that in multiple Counties, they must qualify with the State Executive Committee of the Democratic Party, and the qualifying fee is $15.00. It is also, our understanding that the Corrupt Practices Act Affidavit must be filed with the Secretary of State. It was our understanding that those in the non-multiple Counties qualifying fee will also be $15.00, and they file the Corrupt Practices Act with the Circuit Clerk in their domicile County.’

Section 3121, appearing in the 1978 Cumulative Supplement Appendix is a companion bill of the Open Primary statute which was not approved by the United States Justice Department and is therefore inoperative.

Payment of qualifying fees is governed by Chapter 567, Laws of 1962, amending Section 3121, Code of 1942. Chapter 567 approved May 25, 1962, superseded the amendment to Section 3121 adopted May 15, 1962.

Section 3121, as amended May 25, 1962, provides for payment of qualifying fees to the State Executive Committee for all State Offices, State District Offices, and for State Senators and State Representatives in multicounty districts. Fees in single county districts or districts composed of less than but totally within a county, are to be paid to the County Executive Committee.

The Affidavit of Candidacy required by Section 23–3–3, Mississippi Code of 1972, for State and District Offices is required to be filed in the office of the Secretary of State. State Senate and House of Representative candidates file in the office of the Circuit Clerk of the county or counties participating in the Primary Election as provided by Section 23–3–5, Mississippi Code of 1972 .

All candidates for County or County District Office file such Affidavits in the office of the Circuit Clerk of the county.

With kindest regards, Very truly yours,

A. F. Summer, Attorney General.

P. L. Douglas, First Assistant Attorney General.