Mississippi Advisory Opinions January 04, 1996: AGO 000010934 (January 4, 1996)
Collection: Mississippi Attorney General Opinions
Docket: AGO 000010934
Date: Jan. 4, 1996
Advisory Opinion Text
AGO 000010934.
DOCK 1995-0876
AUTH Sandra Shelson
DATE 19960104
RQNM Robert Walker
SUBJ Elections - Qualifications of Candidates
SBCD 71
TEXT Hon. Robert Walker
Office of the Secretary of State
Post Office Box 136
Jackson, Mississippi 39205-0136
Dear Mr. Walker:
Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. In your letter you request guidance regarding the qualifying deadline for the 1996 U.S. Senate and U.S. House of Representatives elections.
In particular, you point out that Section 23-15-331 of the Mississippi Code Annotated instructs state executive committees to provide to county executive committees a sample of the official ballot containing the names of the U.S. Senate and House of Representative candidates not less than 50 days prior to the election. This would require state executive committees to submit the sample ballot on January 22, 1996; however, current law permits candidates to qualify as late as March 1, 1996. The March 1, 1996 qualifying deadline creates an additional problem in that the primary is March 12, 1996. You point out that the eleven day period between qualifying and election will make it extremely difficult for absentee ballots to be printed, mailed, and returned, particularly for overseas and military voters.
Section 23-15-299 of the Mississippi Code Annotated (Supp. 1995) provides that the qualifying deadline for candidates for United States Senator and Representative shall be March 1 of the year of the primary election. As a result, state executive committees cannot provide county executive committees with sample official ballots prior to that March 1 deadline. Once the qualifying deadline has passed, every effort should be made to provide sample official ballots as quickly as possible to the county executive committees.
It is our understanding that legislation will be introduced in the 1996 session to change the qualifying deadline for United States Senator and Representative. If the bill, as originally drawn, is enacted and approved by the U.S. Department of Justice, the new qualifying deadlines would be forty-five (45) days prior to the presidential preference primary in 1996, and sixty 60) days prior to the presidential preference primary after 1996.
If this office can be of any further assistance, please let us know.
Very truly yours,
MIKE MOORE
ATTORNEY GENERAL
By: Sandra M. Shelson
Special Assistant Attorney General