Mississippi Advisory Opinions March 28, 2003: AGO 2003-0140 (March 28, 2003)

Advisory Opinion Text

Clay S. Nails, Esquire

Attorney for Alcorn County

Democratic Executive Committee

Post Office Box 834

Corinth, Mississippi 38835-0834

Re: Candidate's Qualifications

Dear Mr. Nails:

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

I represent the Alcorn County Democratic Executive Committee. We have a candidate who has attempted to run for 1 st District Supervisor, although he pled guilty to receiving stolen property in 1980.

Subsequent to his guilty plea, the candidate received an executive order from former Governor William Winter, a copy of which is attached hereto. As you will note, this document is not a pardon, but the document does say that “...any civil rights lost...are hereby restored to Harry Brooks.” (See highlighted portion of attachment).

In light of all this, my question is: Does this Executive Order, though not a pardon, suffice to allow Harry Brooks to be qualified as a candidate by the Alcorn County Democratic Executive Committee?

I realize your office is extremely busy. However, due to the time sensitive nature of this inquiry, I would greatly appreciate as expeditious treatment of this issue as possible.

In response to your inquiry please see the enclosed copy of our opinion addressed to Representative Jeffrey C. Smith, dated October 27, 1993. In summary that opinion states that the Governor's authority to restore civil rights by executive order must be interpreted as being limited to the restoration of suffrage. Therefore, it is our opinion that the executive order in question does not allow Mr. Brooks to be qualified as a candidate by your committee.

Sincerely,

Mike Moore Attorney General

Phil Carter Special Assistant Attorney General