Mississippi Advisory Opinions March 26, 1999: AGO 1999-0161 (March 26, 1999)

Advisory Opinion Text

Honorable Omeria Scott

Mississippi House of Representatives

Post Office Box 1018

Jackson, Mississippi 39215

RE: Qualifying Deadline

Dear Representative Scott:

Attorney General Mike Moore has received your request for an official opinion of this office and has assigned it to me for a reply. Your letter states:

Please assist me in clarifying the following by issuing an opinion: Are there any exceptions to the March 1st qualifying deadline for a potential candidate who did not follow the procedures outlined in the statute for qualifying for a legislative office in a multi-county district?

Section 23-15-299 Miss. Code Ann. (Supp. 1998) provides in pertinent part:

(1) Assessments made pursuant to paragraphs (a), (b) and (c) of Section 23-15-297, and assessments made pursuant to paragraph (d) of Section 23-15-297 for legislative offices for districts composed of more than one (1) county or parts of more than one (1) county, shall be paid by each candidate to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. on March 1 of the year in which the primary election for the office is held or on the date of the qualifying deadline provided by statute for the office, whichever is earlier.

(2) Assessments made pursuant to paragraphs (d) and (e) of Section 23-15-297, other than assessments made for districts containing more than one (1) county or parts of more than one (1) county, shall be paid by each candidate to the circuit clerk of such candidate's county of residence by 5:00 p.m. on March 1 of the year in which the primary election for the office is held or on the date of the qualifying deadline provided by statute for the office, whichever is earlier. The circuit clerk shall forward the fee and all necessary information to the secretary of the proper county executive committee within two (2) business days.

In order to qualify for a multi-district legislative office, candidates must qualify with the secretary of the state executive committee of their chosen party by 5:00 p.m. on March 1. If candidates intend to run in a single county legislative district, they must qualify with the circuit clerk of their home county by 5:00 p.m. on March 1. There are no statutory provisions that allow any exceptions or extensions to these deadlines.

If this office can be of any further assistance, please let us know.

Very truly yours,

Mike Moore, Attorney General