Mississippi Advisory Opinions March 16, 2001: AGO 000014287 (March 16, 2001)

AGO 000014287.

Dear Mr. Bowman:

Attorney General Mike Moore has received your letter of request and assigned it to me for research and reply. You present three questions and provide certain background information. A copy of your letter is attached for reference.

Question 1: What is the date or deadline that a political party must complete the organization of a temporary executive committee in order for the party to have candidates for election to municipal office in either the primary or general election?

Response: Please see the enclosed copy of our opinion addressed to Ms. Adrienne Howell, dated February 28, 2001. In that opinion we said, inter alia, that a party executive committee must be in place on the qualifying deadline so the municipal clerk can "promptly" turn the qualifying fees and statements of intent of the candidates over to said committee in accordance with Mississippi Code Annotated, Section 23-15-309 (3) (Supp. 2000).

Question 2: Is an attempt to file a statement of intent to qualify as a party's prospective nominee for elected municipal office valid if the party does not have in place a municipal executive committee at the time of the filing?

Response: Section 23-15-309 clearly contemplates that a municipal party executive committee be in place at the time a potential candidate files his statement of intent and pays the filing fee. However, if a clerk has accepted one or more potential candidate's statement of intent and filing fee at a time when no committee is in place and a legitimate temporary committee is subsequently formed in accordance with Sections 23-15-313 and -315 prior to the qualifying deadline, we are of the opinion that said temporary committee could proceed to review the potential candidates' qualifications and conduct a party primary and/or certify unopposed candidates as the party's nominees.

Question 3: May the municipal clerk reject a statement of intent to qualify as a party's prospective nominee for elected municipal office if at the time of filing the party does not have in place a statutory municipal executive committee?

It is our opinion that it is not the responsibility of the clerk to determine at the time of a filing whether a committee exists, but merely to accept the filing and to process it according to law.

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

By:

Phil Carter

Special Assistant Attorney General