Mississippi Advisory Opinions July 31, 1991: 19910731 (July 31, 1991)

Advisory Opinion Text

Mr. John H. Magee

Chairman

Walthall County Democratic Executive Committee

200 Ball Avenue

Tylertown, Mississippi 39667

Dear Mr. Magee:

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

“To assist me in answering questions at our Democratic Committee meeting tonight, I would very much appreciate if you could FAX me the following information today. My FAX No. is 601-876-3905.

(1) There is no law that requires candidates to turn in eligibility papers to the circuit clerk at time of qualification.

(2) Current laws permit the Democratic Committee to:

(a) Qualify a candidate.

(b) Dis-qualify a candidate

(c) Allow the candidate extra reasonable time to complete any and all eligibility requirements.”

It is our understanding that your inquiry relates to the qualifications of a candidate for the office of County Superintendent of Education.

Mississippi Code Annotated § 23-15-297 (1972) provides in part:

“All candidates upon entering the race for party nominations for office shall first pay to the proper officer as provided for in Section 23-15-299 for each primary election the following amounts: ...

(d) Candidates for.... county superintendent of education.... not to exceed Fifteen Dollars ($15.00). ...”

Section 23-15-299 specifies what must be filed with the county registrar prior to the statutory deadline. It provides in part: “...

(2) Assessments made pursuant to paragraphs (d) and (e) of Section 23-15-297, ...., shall be paid by each candidate by 5:00 p.m. sixty (60) days before the date fixed by law for the primary election to the circuit clerk of such candidate's county of residence....

(3) The fees paid pursuant to subsections (1) and (2) of this section shall be accompanied by a written statement containing the name and address of the candidate, the party with which he is affiliated, and the office for which he is a candidate.”

Section 23-15-961 empowers a party executive committee to rule on the qualifications of candidates who have filed their statements of intent and paid the appropriate filing fee to said committee upon the filing of a petition by a person desiring to contest such qualifications. We do not interpret this statute to preclude an executive committee, acting on its own without the filing of a petition, from ruling on the qualifications of candidates to hold the office they are seeking. To the contrary, it is our opinion that a party executive committee has the duty to review candidate qualifications and make determinations as to which candidates meet the constitutional and statutory requirements to hold the office they seek and which candidates do not meet such requirements. However, we find no statutory provision that specifies an exact date on which an executive committee must meet to rule on such qualifications. Section 23-15-299(6) provides that “(u)pon receipt of the proper fee and all necessary information, the proper executive committee shall then determine whether or not each candidate is a qualified elector, and whether any candidate has been convicted of any crime....”

Based on the foregoing, it is the opinion of this office that the only items that must be filed with the county registrar prior to the statutory qualification deadline is the filing fee and the written statement of intent containing the name and address of the candidate, the party with which he is affiliated, and the office for which he is a candidate. Other information bearing on a candidate's qualifications to hold the office he seeks may be submitted to the appropriate executive committee after the deadline for filing the statement of intent and paying the filing fee.

As to allowing a candidate a reasonable amount of time to complete eligibility requirements and as previously stated, we find no specified time that the committee must meet to rule on candidate qualifications. Obviously, the committee must meet and rule on qualifications on a date that will allow for the timely printing of the ballots. With the above in mind, we find nothing that would prohibit a party executive committee from delaying a ruling on a particular candidate's qualifications in order to allow said candidate to submit proof to the committee that he is qualified to hold the office he seeks.

In an opinion addressed to Senator Cy Rosenblatt, dated November 16, 1989 (copy enclosed) we reiterated our position first expressed in an opinion addressed to Mrs. Lorena Dean, dated September 20, 1979 (attached to Rosenblatt) that a candidate must meet all qualifications at the time he is actually elected to office. In Dean we opined that absolute proof that the candidate will meet the qualifications of the office he seeks at the time of the election, subject to no contingencies, must be presented to the election officials at the time they meet to rule on candidate qualifications in order for said officials to place his name on the ballot. Therefore, when an executive committee meets to rule on candidate qualifications it may: (1) Determine that a particular candidate does, or, subject to no contingencies, will, at the time of the election, meet all requirements to hold the office he is seeking and approve the placement of his name on the official ballot; (2) Determine that a particular candidate does not meet all requirements to hold the office he is seeking and has not removed all contingencies that would allow him to meet such requirements at the time of the election and rule that he is ineligible to have his name placed on the official ballot; or (3) Allow additional time for a candidate to submit proof that he does meet all requirements to hold the office he seeks, or will, subject to no contingencies, meet such requirements at the time of the election. Again, only such additional time that will not prevent the timely preparation of the official ballot would be allowable.

Sincerely,

Mike Moore, Attorney General.

Phil Carter, Special Assistant Attorney General.