Mississippi Advisory Opinions July 12, 1979: 19790712 (July 12, 1979)

Advisory Opinion Text

Honorable James L. Mashburn

Co-Chairman

Democratic Executive Committee

Route 1

Box 114

Buckatunna, Mississippi 39322

Dear Mr. Mashburn:

Attorney General Summer has received your request for opinion and has referred it to the undersigned for research and reply.

First, your very kind expressions of appreciation and interest in Attorney General Summer, Mr. Clark and myself are most sincerely appreciated. You are certainly to be commended for your sincere dedication and service in the interest of free and fair elections in Mississippi.

You request an opinion as to whether an individual may vote in both the first and second primaries this year and be an independent candidate in the general election this Fall.

The Mississippi Supreme Court decided this question in the case of Bowen v. Williams (1960), 238 Miss. 57, 117 So.2d 710. The Court stated on Page 62 of the Mississippi Reporter:

‘The legislature has determined who are entitled to participate in the primary elections, but it has not declared that anyone who votes in a primary election is not eligible to become an independent in the general election. It has declared to the contrary in Sec. 3260, Code of 1942, by the language heretofore quoted therefrom .’ (Emphasis added).

In enclose a copy of this Court decision for your reference.

Therefore, based upon said Court decision it is the opinion of this office that merely voting in the first and second primary elections where the voter is not a candidate in either the first or second primaries, does not disqualify such person, if otherwise qualified, from being an independent candidate in the general election.

I also enclose a copy of the 1979 Election Calendar prepared by this office for your reference.

Very truly yours,

A. F. Summer, Attorney General.

W. D. Coleman Deputy Attorney General