Mississippi Advisory Opinions June 23, 2017: AGO 2017-00180 (June 23, 2017)

Advisory Opinion Text

AUTH: Phil Carter

RQNM: Jackson Brown

SUBJ: Elections - Primary

SBCD: 70

TEXT: Jackson M. Brown, Esquire

Attorney for the Oktibbeha County Board of Supervisors

Post Office Box 57

Starkville, Mississippi 39760-0057

Re: Filling vacancy

Dear Mr. Brown:

Attorney General Jim Hood received your letter of request and assigned it to me for research and reply.

Background

You cite our opinion wherein we noted that effective July 1, 2017, House Bill 467, General Laws, 2017 repeals Mississippi Code Annotated Section 23-15-841, which authorizes primaries prior to a special election. We opined that effective July 1, 2017 there can be no party primaries to select party nominees to compete in special elections to fill vacancies in county and county district offices. MS AG Op., Baker (May 19, 2017) .

In Baker we said that any eligible person may qualify as a candidate in the November 7, 2017 special election by filing, not later than 5:00 p.m. on Friday, September 8, 2017, a petition signed by not less than fifteen (15) qualified electors of the supervisor’s district where the vacancy exists, pursuant to Sections 23-15-839 and 23-15-359.

Question Presented

Your request arises out of a special election to replace the Chancery Clerk who died in office. You ask:

May other eligible candidates, as well as the seven (7) previous primary candidates, who qualify for the special election by filing a petition containing the signatures of at least fifty (50) qualified electors of the county and paying the one hundred dollars ($100.00) assessment no later than 5:00 p.m. Friday, September 8, 2017, to the Circuit Clerk have their names placed on the November 7 Special Election ballot?

Response

In accordance with Section 23-15-839, all eligible persons, including those who previously qualified to run in a primary, who wish to seek the office of chancery clerk (a countywide office) in a special election must file a petition signed by at least fifty (50) qualified electors of the county not later than 5:00 p.m. on Friday, September 8, 2017 (sixty days prior to the election). The Circuit Clerk will certify the number of eligible signatures on each petition, and the County Election Commission will then rule on the qualifications of each candidate pursuant to Section 23-15-359. The one hundred dollar ($100.00) assessment is only applicable to candidates in a primary election pursuant to Section 23-15-297. That assessment is not applicable to candidates qualifying by petition to run in a special election to fill a vacancy.

Sincerely,

JIM HOOD, ATTORNEY GENERAL

Phil Carter, Special Assistant Attorney General