Mississippi Advisory Opinions September 16, 1983: 19830916 (September 16, 1983)

Advisory Opinion Text

Mr. T. E. Leon

Chairman

Kemper County Election Commission

Post Office Box 130

DeKalb, Mississippi 39328

Dear Mr. Leon:

Attorney General Bill Allain has received your opinion request and has assigned it to me for research and reply, your letter of request stating:

“A legal question has come up in regards to the interpretation of the abovementioned code section. (§ 1-3-75)

“An individual, Joe E. Bland, has submitted a petition to qualify as a candidate for supervisor. His petition contains 54 names.

“It appears that several names were not personally signed by the individual whose name appears thereon but was authorized by the individual's wife, mother or other blood kin. One individual could not read or write very well and stood and watched his wife sign his name with his approval. Another individual was in the shower and requested his spouse to sign his name.

“In such cases should there be a strict interpretation of the statute or should the intent of the individuals whose name appears thereon be considered. It appears that the individuals whose names were not personally signed want their name to be counted on the petition as their signature.

“I would appreciate an immediate reply in that the time is short before ballots are to be printed.”

Section 1-3-75, Mississippi Code of 1972, states:

“All petitions presented to any governing body of the State of Mississippi, or any of its subdivisions, or municipalities thereof, must be signed personally by each petitioner; otherwise, said signature shall not be counted as a valid signature of such petition.”

A person may sign by his or her duly attested mark if he or she has difficulty signing his or her name and that mark is completely valid as his or her personal signature.

However, the above specific statute passed by the 1966 Mississippi Legislature would appear to be mandatory, requiring signatures personally by the person whose name appears as a signer of the petition.

The only earlier opinion I find that we have written on the subject of your inquiry is that to Ms. Diane T. Stewart dated March 23, 1981, a copy of which I enclose for your information.

Yours very truly,

Bill Allain, Attorney General.