Mississippi Advisory Opinions May 12, 1993: AGO 000006755 (May 12, 1993)

AGO 000006755.

Dear Mr. Jackson:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. Your letter states:

"Please be advised that my office has been requested by the Iuka Municipal Election Commission to request a written opinion from your office concerning certain factual matters regarding the Republican Candidates for the upcoming City of Iuka Municipal Elections.

The facts are as follows:

On March 30, 1989, a Temporary Municipal Republican Executive Committee was formed and there were seven (7) Electors selected for the Temporary Municipal Republican Executive Committee, as their Minutes reflect, copies of which are enclosed for your information. At that time one (1) candidate qualified for alderman in the 1989 election. There were no statements of intent filed by the seven members of the Temporary Municipal Republican Executive Committee.

There was however, a letter from the county chairman of the Tishomingo County Executive Committee requesting that these members become permanent.

In the 1993 election, statements of intent have been filed by seven (7) individuals for the Municipal Republican Executive Committee and there was a mass meeting of the committee held; however, there was no notification provided to the public of the mass meeting as required by Section 23-15-315 of the Mississippi Code of 1972, Annotated as amended.

At this time we are not aware of whether or not there was notification given of the mass meeting in 1989, according to Section 23-15-315.

The members of the election commission request a written opinion from your office in light of Section 23-15-307 which states as follows:

"no political party shall be entitled to recognition as such in the appointment of county or precinct election officers unless it has made its nominations as herein provided."

For purposes of this opinion we presume the required notification was given.

Mississippi Code Annotated Section 23-15-171 (Revised 1990) provides in part:

"... Each municipal executive committee shall have as many members as there are elective officers of the municipality, and such members of the municipal executive committee of each political party shall be elected in the primary elections held for the nomination of candidates for municipal offices. ..."

The above requirement that members of municipal party executive committees be elected implies that anyone who wishes to be a member of an executive committee must declare his candidacy for membership. Therefore, it is our opinion that one who wishes to be a candidate for membership on a municipal party executive committee must express his intention by filing with the municipal clerk his written statement of intent just as candidates for regular municipal offices are required to do by Section 23-15- 309. Since such membership is a party office as opposed to a regular municipal office and one is elected at the primary, it is our opinion that the filing fee required of persons seeking a nomination would not be applicable.

Based on your statement of fact that there were no statements of intent for membership on the Iuka Republican Executive Committee filed prior to the 1989 municipal elections, it appears that the individuals who were selected for the temporary committee in 1989 are serving in a de facto capacity.

Since municipal party executive committees are provided for by statute, they are generally viewed as quasi-governmental entities. As such, the acts of the de facto members of such committees are, in our opinion, valid. See Mississippi Code Annotated Section 25-1-37 (Revised 1990).

Based on our above stated conclusion and your statement of fact that seven (7) individuals filed their statements of intent as candidates for membership on the Iuka Republican Executive Committee for the next four (4) years, it is our opinion that those seven (7) individuals are entitled to be certified as elected to said executive committee. There is no requirement for holding a mass meeting if the committee has been duly elected at the party's primary.

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

BY: Phil Carter Assistant Attorney General PC:mfd