Mississippi Advisory Opinions June 21, 1983: AGO 000003792 (June 21, 1983)

Mississippi Attorney General Opinions

1983.

AGO 000003792.

1983-641

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Dear Mrs. Preston:

Attorney General Allain has received your letter of request and has assigned it to me for research and reply. Your letter poses four specific questions to which Mississippi Code Annotated 3118 and 3129 (1942) are applicable.

QUESTION NO 1: "Do unopposed candidates' names appear on the August 2 Primary ballot?"

RESPONSE: Section 3118 provides in part: "Sixty (60) days before any primary election, the names of all candidates to be voted for in such election shall be furnished to the chairman or secretary of the proper executive committee.

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"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."

The purpose of the primary election is to determine party nominees. Since an unopposed candidate must be declared the nominee, it is the opinion of this office that the names of unopposed candidates should not appear on the primary ballot.

QUESTION NO. 2: "If one is running as a Republican unopposed in August, can he vote on the Democratic ticket at that time, then run on the Republican ticket in November?"

RESPONSE: Section 3129 provides in part: "No person shall be eligible to participate in any primary election unless he intends to support the nominations made in the primary in which he participates, has been in accord with the party holding such primary within the two preceding years, and is in accord with the statement of the principles of the party holding such primary, which principles shall have been declared by the state convention of the party holding the primary, and unless he it not excluded from such primary by any regu- lation of the state executive committee of the party holding such primary; . . . Any member of the party holding such primary, or any primary election officer, may challenge any person offering to vote, and cause him to answer, under oath, and in writing if demanded by the challenger, questions relating to his qualifications and whether or not he is in accord with the principles of the party stated by the state convention of such party as hereinbefore provided. Any election officer of the precinct may administer the oath to such challenged person; and false testimony given upon such inquiry shall be perjury and punishable as such; nor shall any elector be allowed to vote who has sold or offered to sell his vote or influence, directly or indirectly, for the support or defeat of any candidate or measure voted on that year, nor any who that year has paid or offered to pay anything for another's vote or influence for or against any candidate or measure."

The above statute specifically prohibits a nominee or candidate of one party from voting in another party's primary election.

QUESTION NO. 3: "Can a person vote in the August 2 primary if he is running as an Independent candidate in November?"

RESPONSE: Whether or not a person votes in a primary election would be subject to challenge by the appropriate party officials.

QUESTION NO. 4: "Can a person qualify and run after August as an Independent candidate in the November General Election, if he or she voted in either the Democratic or Republican 1983 Primary?"

RESPONSE: We know of nothing which would prohibit a person who voted in the primary elections from qualifying and running as an Independent candidate in the general election.

Very truly yours,

BILL ALLAIN, ATTORNEY GENERAL

BY

Phillip C. Carter Special Assistant Attorney General

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