Mississippi Advisory Opinions October 19, 1979: 19791019 (October 19, 1979)

Advisory Opinion Text

Honorable Larry A. Smith, Chairman of the City of Pascagoula Election Commission

Post Office Box 787

Pascagoula, Mississippi 39567

Re: Municipalities—Elections

Dear Mr. Smith:

Attorney General A. F. Summer has received your letter and has assigned it to me for research and reply.

Your letter states:

‘Please be advised that the City of Pascagoula has called a special election to be held on Tuesday, November 13, 1979, to fill a vacancy in the office of councilman due to the death of I. G. Levy, Jr. As chairman of the City of Pascagoula Election Commission, certain questions have arisen with regard to this special election. Therefore, we would request your assistance in rendering us an opinion on the following issue:

How should the candidates names appear on the official ballot?

‘This presents a problem to our commission due to the fact that we have candidates who wish to qualify as Democrats and Republicans and wish to be designated as such on the ballot. We are uncertain as to whether we should list them alphabetically on the ballot with the Democratic candidates listed first, then the Republican party candidates, with the party designation stated above each list, or whether all of the candidates should be listed alphabetically with their party designation beside their names, or should we delete any reference to party designation altogether.’

There is no section of the Mississippi Code of 1972, Annotated, which states specifically how names shall be arranged on ballots in a municipal election. The rule is found by reference to the following indicated Sections of the Code.

First, by reference to the duties of municipal election commissioners:

‘§ 21–11–13. Election commissioners; determining results of election.

The governing authorities shall appoint three election commissioners, one of whom shall be designated to have printed and distributed the ‘official ballots', and all of whom shall perform all the duties in respect to the municipal election prescribed by law to be performed by the county election commissioners where not otherwise provided. . . .’

(Emphasis Supplied)

The rules for arrangement of names and other details on the official ballot for a municipal special election for elective office are not specifically ‘otherwise provided’.

County election commissioners act in a special election as indicated: ‘§ 23–5–199. Notice of elections to fill vacancies.

The commissioners of election of the several counties to whom the writ of election may be directed, shall, immediately on the receipt thereof, give notice of such election by posing notices at the courthouse, and in each election district in the county, for thirty days prior to the election; and the election shall be prepared for and held as in case of a general election. ' (Emphasis Supplied)

The prescribed duties of county election commissioners in regard to ballots are found in Section 23–5–3 of the Code, amended by House Bill No. 420 in the 1979 Session and approved as amended by the United States Attorney General on June 22, 1979:

‘ § 23–5–3 . Election and term of office of county election commissioners—qualification of candidates—authority of board of supervisors—organization and duties of commissioners.

. . . Upon taking office, the county board of election commissioners shall organize by electing a chairman and a secretary. It shall be the duty of the chairman to have the official ballot printed and distributed at each general or special election.'

A copy of House Bill No. 420 is enclosed.

Therefore, the rules for the duties of county election commissioners apply and, the municipal election commissioner designated to have printed the official ballot shall decide the arrangement of names and other details of the official ballot in a municipal special election. In order for a candidate to be placed on the ballot under a party label in a special election, such candidate must be certified as the party nominee by the party executive committee pursuant to a party special primary election conducted under Section 3157 in the 1978 Cumulative Supplement to Volume 6 of the Code.

We trust this will be of assistance to you.

With kind regards, I am

Very truly yours,

A. F. Summer Attorney General.

S. E. Birdsong Jr. Special Assistant Attorney General.