Mississippi Advisory Opinions April 22, 1985: 19850422 (April 22, 1985)

Advisory Opinion Text

Elections-Municipal

Honorable Gerald B. Carmichael

Attorney For Town of Utica

Post Office Box 204

Utica, Mississippi 39175

Dear Mr. Carmichael:

Attorney General Edwin Lloyd Pittman has received your letter of request and has assigned it to me for research and reply.

Your letter states:

“The Board of Aldermen of the Town of Utica, has requested that I, the undersigned as Town Attorney, write you regarding a matter involving the coming town elections.

“The Democratic Party has qualified candidates for the office of Alderman of the Town equal to the number to be elected. That is to say, there are five candidates for the five aldermen to be elected to the town board. There is no contest for party candidates.

“Both the town officials and the party leaders have requested that they be informed as to the necessity to have an election.

“ Mississippi Code of 1972, Section 21-11-5 states that an election is necessary to select party candidates. There is no provision for declaring the candidates nominated, as in the case of an election to fill a vacancy, Section 21-11-9, which states that in a similar situation the election may be dispensed with.

“It is my opinion that the statute must allow the election to be dispensed with.”

Chapter 452, Laws of 1979 attempted to repeal Section 3118, Code of 1942. Chapter 452 was never approved by the United States Justice Department. Therefore, Section 3118 is still in effect.

It provides in part:

“Where there is but one candidate the proper executive committee when the time has expired within which the names of candidates shall be furnished shall declare such candidate the nominee.”

In response to your inquiry and in accordance with the above quoted statute, the Municipal Democratic Executive Committee shall declare the uncontested candidates to be the party nominees.

Please note that this applies to primary elections only. Section 21-11-7 requires that all municipal officers be elected by the people in a general election. Therefore, the general election may not be dispensed with.

Very truly yours,

Edwin Lloyd Pittman, Attorney General.