Mississippi Advisory Opinions October 01, 1979: 19791001 (October 01, 1979)

Advisory Opinion Text

Mr. Jeff Peay

Chairman

Oktibbeha County Election Commission

% Circuit Clerk's Office

Starkville, Mississippi 39759

Dear Mr. Peay:

In response to your request dated September 18, 1979, we cite in part, subsection (2), Section 37–5–73, Mississippi Code of 1972:

‘(2) No person shall be eligible to the office of county superintendent of education unless such person shall hold a certificate to be issued by the state department of education certifying that he holds a bachelor's degree and also that he shall hold, or be eligible to secure, a Class A certificate as defined in the rules and regulations of the state department of education covering the certification of instructional personnel, awarded by an institution approved by the state department of education, and that he has not less than four years' actual experience as a teacher, or in an administrative position, in some public school of the State of Mississippi or of a state extending reciprocal licensing of teachers to the State of Mississippi. It shall be unlawful for the election commissioners of any county to place the name of any person upon the ballot as a candidate for county superintendent of education who does not qualify under the terms of this subsection, . . .’.

You will particularly note the quoted language which provides, ‘It shall be unlawful for the election commissioners of any county to place the name of any person upon the ballot as a candidate for county superintendent of education who does not qualify under the terms of this subsection . . .’.

Meeting the statutory requirements is a condition precedent to lawful authority to place the name on the ballot. The Commission would, of course, be authorized to place the name on the ballot provided such conditions are met prior to the final approval of the content of the ballot by the Election Commissioners as the ballot is to be printed and provided, of course, that the candidate is otherwise qualified.

With kindest regards, Very truly yours,

A. F. Summer, Attorney General.

P. L. Douglas First Assistant Attorney General.