Mississippi Advisory Opinions August 20, 1979: 19790820 (August 20, 1979)

Advisory Opinion Text

Mr. J. C. Parker

Route 8

Box SF 34

Corinth, Mississippi 38834

Re: Elections—Primary

Dear Mr. Parker:

Your letter request of August 14, 1979, addressed to Honorable A. F. Summer, has been received and assigned to this writer for reply. Your letter states:

‘I am writing in concern over the primary election held in Alcorn County, Mississippi on August 7, 1979. I was a candidate and very much involved in a very tiring effort for the honest people of the Second District in Alcorn County. I have discovered five serious violations, dealing with the election, that can be proven:

1. Voting people out of the district

2. Voting people out of the state

3. Election judges out of state

4. Election judges in the booth with the voters

5. Buying votes

I also believe that we can prove that votes were casted using the names of dead persons.

‘We would appreciate it if you good people would provide us with some good, honest help, that these people could not influence to help me in this matter.’

We note that you sent a copy of your letter to the Attorney General in Washington, D.C. and also to the F.B.I. in Jackson and Washington, D.C.

This office can appreciate your concern and interest in this matter. However, a primary election in Mississippi is a function of a political party whereby the party selects party nominees as candidates for a political office. Whereas, a general election is a function of the government at which candidates are elected to office.

Consequently, your complaints at this time should be directed to the County (Democratic and Republican) Party Executive Committee.

If you have evidence of criminal violation, you should contract Bobby Wood, Alcorn County Prosecuting Attorney and John R. Young, the District Attorney in your area.

Sincerely yours,

A. F. Summer, Attorney General.

John M. Weston, Special Assistant Attorney General