Mississippi Advisory Opinions March 16, 1979: 19790316 (March 16, 1979)

Advisory Opinion Text

Ms. Jo Nell Stringer

Bay Springs, Mississippi 39422

Dear Ms. Stringer:

Attorney General Summer has received your letter of request dated February 20, 1979 and has assigned it to me for reply.

In your letter you describe your experience in the area of public education and inquire whether or not you have ‘. . . sufficient qualifications to seek office for . . . County Superintendent of Education.’

Under the provisions of Section 7–5–25, Mississippi Code of 1972, the Attorney General of the State of Mississippi is prohibited from giving official opinions to anyone other than certain designated public officials and to them only relating to the duties of their particular offices.

Only the party executive committees, if one seeks to run in a party primary, or the county election commission for the general election, is authorized to determine who is qualified to be a candidate. The law grants this office no authority to make such factual determinations.

The requirements for qualifying as a candidate for County Superintendent of Education are set forth in Section 37–5–73, Mississippi Code of 1972, a copy of which is enclosed for your convenient reference.

It is my understanding that a verification regarding teaching or administrative experience must be made to the State Department of Education before the Department will issue the certificate referred to in sub-paragraph (2) of Section 37–5–73, supra.

Very truly yours,

A. F. Summer, Attorney General.

George M. Swindoll, Assistant Attorney General.