Mississippi Advisory Opinions March 16, 2007: No. 2007-000143 (March 16, 2007)

No. 2007-000143.

Dear Mr. Walsh:

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

As the Chairman of the Wilkinson County Democratic Executive Committee, we have been called upon to certify candidates for the upcoming elections. During this process a few questions have arisen and I have been requested to obtain opinions from your office before final determination is made.

You then present three (3) numbered questions which we will respond to in the order presented. You further asked for verification of your understanding that felony convictions in other states disqualify candidates.

QUESTION 1: A candidate was charged with assault in 1988 and in 1990 the Court retired the case to the file with the provision that it could be recalled in the future. Nothing further has been done. Can this individual be certified as a candidate?

RESPONSE: Yes. Absent a felony conviction, one is not disqualified, assuming, of course, that he meets all other qualifications to hold the office he seeks. Section 44, Mississippi Constitution of 1890.

QUESTION 2: We have an individual that has filed to be a candidate for the office of Circuit Clerk. She has at least two prior charges for failure to pay debt and there are two charges in Louisiana for felonies. I am not sure of the outcome of them - whether convicted or not. If these are convictions, would this candidate be qualified?

RESPONSE: Section 44(2) of the Mississippi Constitution provides:

No person who is convicted after ratification of this amendment in another state of any offense which is a felony under the laws of this state, and no person who is convicted after ratification of this amendment of any felony in a federal court, shall be eligible to hold any office of profit or trust in this state.

The candidate would be disqualified if she was convicted and the crimes for which she was convicted are also felonies under Mississippi law.

QUESTION 3: Can the Executive Committee use monies received from candidate qualifications for the purchase of a laptop computer to enable the committee to be able to check the voter registrations more easily?

RESPONSE: Mississippi Code Annotated Section 23-15-299(6) (2006 Supp.) prescribes how qualifying fees may be expended by party executive committees. It provides:

The secretaries of the proper executive committee shall hold said funds to be finally disposed of by order of their respective executive committees. Such funds may be used or disbursed by the executive committee receiving same to pay all necessary traveling or other necessary expenses of the members of the executive committee incurred in discharging their duties as committeemen, and of their secretary and may pay the secretary such salary as may be reasonable.

If the committee as a whole determines, consistent with the facts, that the purchase of a laptop constitutes an expense incurred in the discharge of the duties of members of the executive committee or their secretary, such expenditure could lawfully be made.

Finally, as to whether a conviction of a felony in any state is sufficient to disqualify a candidate, Section 44 of the Mississippi Constitution quoted above, specifically provides that one convicted of a felony, after ratification of this amendment, in another state which is also a felony in Mississippi is not eligible to hold an office of profit or trust. The date of ratification of the amendment is December 8, 1992.

Sincerely,

JIM HOOD, ATTORNEY GENERAL

By: Phil Carter Special Assistant Attorney General