Mississippi Advisory Opinions November 20, 1979: 19791120 (November 20, 1979)

Advisory Opinion Text

Honorable Jerome C. Hafter

Law Offices

Lake, Tindall, Hunger & Thackston

Post Office Box 918

Greenville, Mississippi 38701

Re: Elections—Miscellaneous

Dear Mr. Hafter:

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

You write as a member of the Greenville City Election Commission. You state that the election general election) for city officials for Greenville is scheduled for December 10, 1979, and pose two questions relative to the conduct of the election.

You pose two questions:

‘ Question 1 :

In regard to distribution of campaign literature Mississippi Code 1972, § 23–3–17 provides as follows:

‘It shall be unlawful for any candidate for state, district, county or county district office or any representative of such candidate to post or distribute cards, posters or other campaign literature within 150 feet of the building wherein the election is being held.’

Mississippi Code 1972, § 23–3–71 provides that ‘all provisions of this chapter so far as practicable shall apply and regulate primary elections for the nomination of elective municipal offices . . .’

Mississippi Code 1972, § 23–5–109 provides in part concerning the duties of the election bailiff:

‘. . . A space 30 feet in every direction from the polls, or the room in which the election is held, shall be kept open and clear of all persons except election officers and two challengers of good conduct and behavior, selected by each party to detect and challenge illegal voters . . .’

On the basis of these provisions, and any other provisions which may be applicable, we request advice concerning the distance from the polling place at which it shall be unlawful for candidates or their representatives to distribute campaign literature. The oral advice we have received is that the distance is 150 feet in primary elections and 30 feet in general elections. Please confirm whether this oral advice is correct. In particular, we are concerned about the 30 foot limitation at general elections since the section of the Code quoted by your office in this regard, § 23–5–109 does not specifically apply to distribution of campaign literature.

Question 2 :

The 1978 amendments to the Corrupt Practices Act, specifically amendments to Mississippi Code 1972, §§ 23–3–41, 23–3–43 and 23–3–67, provide that the campaign finance reporting provisions apply to any ‘candidate’ which is defined to include an individual who seeks nomination for election or election to any elective office existing under the laws of this state and include any ‘election’ which includes general, special, primary and run-off elections.

In regard to the filing of reports, the Act stated that reports for candidates for state-wide offices are filed with the Secretary of State and that reports involving candidates for all other offices are filed in the office of the Circuit Clerk of the county involved (Mississippi Code 1972, § 23–3–41(2) and § 23–3–43(1) .

A question exists where reports should be filed by candidates seeking election to a municipal office and political committees supporting them.

The above-referenced provisions of the law indicate that candidates for state-wide office file with the Secretary of State and all other candidates file with the Circuit Clerk. However, Mississippi Code 1972, § 23–3–71 states:

‘All provisions of the chapter so far as practicable shall apply to and regulate primary elections for the nomination of elective municipal offices. Candidates for nomination of such municipal offices shall file with the clerk of the city, village or town, the affidavits and reports hereinabove required of candidates for party nominations to any county or county district office.’

The latter provision appears to apply only to municipal primary elections, leaving filing for municipal general elections in the Circuit Clerk's office. However, the oral opinion which I received from the Attorney General's office was that filing of campaign finance reports should be made with the municipal clerk, both in regard to primary elections and general elections and that reports would not be filed with the Circuit Clerk.

We would appreciate your confirming that the campaign finance reporting provisions of the 1978 amendments to the Corrupt Practices Act do apply to candidates for municipal office and confirming the place where such reports are filed in regard to (a) primary elections and (b) general elections.'

By this letter, there is confirmed the oral statement in response to your first question: It is the opinion of this office that under Section 23–5–109, supra, in a municipal general election, the distance from a polling place where a candidate or his representatives may lawfully distribute campaign literature is 30 feet.

Concerning your second question, we note your letter to this office written subsequently to the letter posing the two questions and thank you for the information in the subsequent letter.

Considering the information you furnished and the provisions of Sections 23–3–41, 23–3–43, and 23–3–7 of the Code, it is the opinion of this office that the campaign finance reporting provision of the 1978 amendments to the Corrupt Practices Act do apply to candidates for municipal office and that the reports that are required of such candidate for primary and general election are to be filed in the office of the Circuit Clerk of the county in which the municipality is located.

With kind regards, I am Very truly yours,

A. F. Summer Attorney General.

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