Mississippi Advisory Opinions December 01, 2004: AGO 2004-0587 (December 01, 2004)

Advisory Opinion Text

Councilman Johnny Magee

City of Laurel

Post Office Box 647

Laurel, Mississippi 39441

Re: Municipal Party Executive Committees

Dear Councilman Magee:

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

I am a city councilman in the City of Laurel. I communicated with Ms. Linda Rigsby of the Secretary of State's office, Division of Elections. She recommended that I write to you for an official opinion on the following issue, since her office does not render official opinions.

My question is as follows. During the Democratic Party Primary of 1997 there was a full contingent of the Democratic Municipal Election Committee. These persons were re-elected and served during the primary of 2001, but only one person chose to run for re-election in 2001. Since only one person was on the ballot for the Democratic Municipal Executive Committee, and we have a primary scheduled for May 2005, who will serve as the Democratic Executive Committee for the Democratic Primary in May 2005? We do have a Municipal Election Commission in the city that oversees general and special elections.

This is of the utmost importance to insure a smooth, free and fair primary election. Please inform me as to your ruling on this matter, since I have been unable to obtain the needed information elsewhere.

In our opinion to Ms. Adrienne Howell of February 28, 2001 (copy enclosed) we addressed a similar situation in which two (2) individuals filed their statements of intent as candidates for membership on a municipal party executive committee. We said that they were duly elected and entitled to serve on said committee and further, that, in accordance with Mississippi Code Annotated Section 23-15-171 (Revised 2001), they were entitled to appoint additional members to fill vacancies on that committee. We reasoned that to say that those two members could not act to fill vacancies would make their election a nullity.

We are of the same opinion in regard to the factual situation you present where only one person was elected to serve on a municipal party executive committee. We suggest that the one duly elected member appoint another individual and that they together appoint an additional member and continue in that manner until a full compliment of members comprise the committee. Section 23-15-171 requires that the number on the committee be equal to the number of elected municipal officials.

Sincerely,

Jim Hood, Attorney General

Phil Carter, Special Assistant Attorney General