Mississippi Advisory Opinions July 19, 1989: 19890719 (July 19, 1989)

Advisory Opinion Text

C. Ray Scales, Jr., Esquire

Attorney for the City of Mound Bayou

Post Office Box 2165

Jackson, Mississippi 39202

Dear Mr. Scales:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. Your letter states:

“On behalf of the City of Mound Bayou, Mississippi, I would like to request a ruling and/or opinion from your office concerning the issuance of a certificate of election and/or commission by the Governor. It is my understanding that the actual paperwork is done by the Secretary of State transferred to the Governor who issues the certificate and/or commission. This is all done pursuant to Section 23–15–611 Mississippi Code Annotated . There does not appear to be in the code any exceptions and/or room for interpretation.

The question is:

If there is any litigation filed questioning a candidate's certification by the local election commission and no order has been entered, can the Secretary of State of the State of Mississippi withhold certification of any candidate and/or withhold the paperwork necessary for the Governor to issue the commission required by Section 23–15–611 .”

Mississippi Code Annotated § 7–5–25 (Supp.1988) restricts the issuance of official opinions to certain state and local officials on “any question of law relating to their respective offices”. The question presented in your letter relates to the duties and responsibilities of the Office of Secretary of State rather than those of any municipal office. Therefore, we are unable to respond to your request with an official opinion.

Sincerely,

Mike Moore, Attorney General.