Mississippi Advisory Opinions May 20, 1987: AGO 000007918 (May 20, 1987)

AGO 000007918.

Dear Mr. Gye:

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

I am a member of the Bolivar County Democratic Executive Committee, as well as chairman of the Election Sub-Committee, which is primarily responsible for organizing and running the Democratic Primaries.

In reviewing some of the qualifying information, a particular question has come to my attention. It is my understanding that if a candidate's name is not reflected on the registration roll, that person there- fore is not a qualified voter, thus rendering that candidacy invalid. In this particular situation, it is possible that this person has changed his last name, and is using the new last name in his present candidacy, being that name is not reflected on the roll. My question is, if this is the case, can this person be certified by the party committee as a valid candidate, considering the fact that the name submitted is not on the registration roll.

In an effort to ensure a fair and impartial election, as well as abide by, and be in accordance with the state statute, I am requesting that your office provide some clarification to this situation. I would appreciate if you would provide me a reply at your earliest convenience. Thank you in advance for your co- operation.

Pursuant to Miss. Code Ann. 23-15-263 (Supp. 1986; Special Pamphlet), County Executive Committees at primary elections have the same authority and duties imposed upon the County Election Commission, except as to revising the registration and poll books. In a General Election the Election Commission has the authority to determine that a particular candidate is qualified to have his name placed on the ballot. See, Powe v. Forrest County Election Commission, 249 Miss. 757, 163 So.2d 656 (Miss. 1964). Therefore, pursuant to 23-15-263 and 23-15-299(6) the Bolivar County Executive Committee has the authority and the duty to determine whether a candidate may have his name placed on the ballot in a primary election.

In your letter you raise a question as to whether a certain candidate is a qualified elector. In our phone conversation of May 7, 1987, you indicated that the office involved is that of Justice Court Judge. In making the determination as to whether this particular candidate is qualified to have his name placed on the ballot, you indicate that the name under which he qualified is not reflected on the registration roll. You indicate, however, that it is possible that this particular person has changed his last name. It would seem proper that the Committee give the individual an opportunity to provide proof that he is indeed a qualified elector. If the Committee determines that the individual is indeed a qualified elector then his name may be properly placed on the ballot, however,should the individual fail in his proof and the Committee finds that he is not a qualified elector, then his name may be properly omitted from the ballot.

Should you have any questions or if we may be of further as- sistance please do not hesitate to contact this office.

Sincerely,

EDWIN LLOYD, ATTORNEY GENERAL

BY _________________________ John H. Emfinger Special Assistant Attorney General

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