Mississippi Advisory Opinions April 03, 1987: AGO 000007859 (April 3, 1987)
Collection: Mississippi Attorney General Opinions
Docket: AGO 000007859
Date: April 3, 1987
Advisory Opinion Text
AGO 000007859.
DOCK 1987-154
AUTH John H. Emfinger
DATE 19870403
RQNM Gene Barton
SUBJ Elections-Qualifications of Candidates
SBCD 71
TEXT Honorable Gene Barton
Post Office Box 1592
Tupelo, Mississippi 38802-1592
Dear Mr. Barton:
Attorney General Edwin Lloyd Pittman has received your letter of request and has assigned it to me for research and reply.
Your letter presents two (2) questions which we will address in sequence.
QUESTION NO. 1: "While I remain in my position as alderman for the City of Tupelo, may I seek the office of district attorney, without the necessity of giving up my position or resigning as alderman. I would appreciate your giving me a response in writing."
RESPONSE: It is the opinion of this office that you may seek the office of district attorney without resigning as alderman for the City of Tupelo.
QUESTION NO. 2: "I am also presently serving as a member of the State Executive Committee of the State Democratic Party. Under the election laws as amended in 1986, may I run for district attorney while serving as a member of the State Executive Committee? If I may not run for district attorney while serving as a membe of the State Executive Committee, may I solve such a problem by taking a leave of absence?"
RESPONSE: You will please find attached hereto a copy of an opinion dated March 15, 1984, and addressed to the Honorable Charles G. Perkins. Pursuant to this opinion serving on the county executive committee and being a candidate in a primary election are mutually exclusive positions. Pursuant to Miss. Code Ann. 23-15-1051 (Supp. 1986; Special Pamphlet) candidates for the office of district attorney will qualify with the State Executive Committee. The State Democratic Party has issued policy statements which indicate that a "leave of absence" from the Executive Committee until after the primary election will cure this conflict. We find no statutory provision which would either permit or prohibit such a leave of absence. Whether such action would remove the abvious conflict between the two positions must be left to a court of competent jurisdiction.
Should you have any questions or if we may be of further assistance please do not hesitate to contact this office.
Sincerely,
EDWIN LLOYD PITTMAN, ATTORNEY GENERAL
BY
John H. Emfinger Special Assistant Attorney General
JHE:mfd Enclosure