Mississippi Advisory Opinions April 29, 2005: AGO 000016577 (April 29, 2005)

AGO 000016577.

Dear Ms. Clarke:

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

The Election Commissioners for the Town of Decatur would like a written opinion about qualifications for a candidate from a newly annexed area. The Commissioners request an opinion on qualifications for city mayor under the following circumstances. The candidate resides in the proposed annexed area of the Town of Decatur. He qualified as an independent candidate with the required signatures from residents inside the current boundaries of the town. The Chancery Judge has approved the annexation, however, the annexation has not been approved by the Justice Department, therefore, and we consider the proposed annexed area is not officially annexed until the Justice Department approval. If this is not approved by the Justice Department as of May 4, 2005 at the time the Election Commissions certify to qualifications or disqualifications of independent candidates would he be qualified? Please give a written opinion to the above-discussed circumstances as to qualifications of whether his name should be on the ballot. The Mayor's race is the only race that will be opposed in the General Election if the independent candidate is allowed to run. So if the independent candidate is disqualified the town will not have to print ballots. But if he can qualify as late as the end of May, what should the clerk do about having ballots printed?

In our phone conversation this a.m. you stated that if pre-clearance had not taken place by the time the commissioners qualified or disqualified the independent candidate that he could not run. And then you stated that if the annexation has cleared before the election on June 4, 2005 that he could run by going through Circuit Court. If the commissioners disqualify the candidate at the date of qualification, how would he be eligible?

In response to your inquiry, if the municipal election commissioners disqualify the candidate in question, he would not be eligible to have his name placed on the June 7, 2005 General Election Ballot. However, if the annexation receives pre-clearance prior to the election, it is possible that the candidate in question could seek and receive relief in a court of competent jurisdiction. City of Grenada v. Harrelson, 725 So.2d 770 (Miss. 1998). You and your election commission should be prepared to have ballots printed in the event such court orders same.

Sincerely,

JIM HOOD, ATTORNEY GENERAL

By:

Phil Carter Special Assistant Attorney General