Mississippi Advisory Opinions May 04, 1992: 19920504 (May 04, 1992)

Advisory Opinion Text

Constance Slaughter–Harvey, Esquire

Assistant Secretary of State

State of Mississippi

Post Office Box 136

Jackson, Mississippi 39205

Re: QUALIFYING PETITION FOR PRESIDENTIAL CANDIDATE

Dear Ms. Harvey:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. You state that the Office of Secretary of State has received several inquiries regarding the qualifying in Mississippi of independent candidate H. Ross Perot for President of the United States pursuant to Miss.Code Ann. Section 23–15–785 (1972) . You then present four (4) questions which we will respond to in sequence.

QUESTION NO. 1: Is the following language legally sufficient for an independent candidate for President's petition?

We, the undersigned qualified electors of the State of Mississippi, hereby petition that the names of ______ and ______ be places upon the ballot of the general election to be held November 3, 1992, as candidates for the offices of President and Vice President of the United States, respectively.

RESPONSE: It is the opinion of this office that the above language satisfies the legal requirements contemplated by Mississippi Code Annotated § 23–15–785 (Revised 1990). A petition containing such language which also meets all additional requirements of Section 23–15–785 would entitle the named candidates to have their names placed on the 1992 General Election Ballot.

QUESTION NO. 2: Would any petition not bearing the name of the Vice Presidential candidate be invalid?

RESPONSE: Section 23–15–785(1) provides:

“When presidential electors are to be chosen, the Secretary of State of Mississippi shall certify to the circuit clerks of the several counties the names of all candidates for President and Vice–President who are nominated by any national convention or other like assembly of any political party or by written petition signed by at least one thousand (1, 000) qualified voters of this state. (emphasis ours)

Subsection (3) provides:

“Each certificate of nomination and nominating petition must be accompanied by a list of the names and addresses of persons, who shall be qualified voters of this state, equal in number to the number of presidential electors to be chosen. Each person so listed shall execute the following statement which shall be attached to the certificate or petition when the same is filed with the State Board of Election Commissioners: ‘I do hereby consent and do hereby agree to serve as elector for President and Vice–President of the United States, if elected to that position, and do hereby agree that, if so elected, I shall cast my ballot as such for _______ for President and _______ for Vice–President of the United States ’ (inserting in said blank spaces the respective names of the persons named as nominees for said respective offices in the certificate to which this statement is attached). (emphasis ours)

Based on the above quoted statutory provisions of Section 23–15–785, it is the opinion of this office that any nominating petition filed pursuant thereto must contain the names of both the candidate for President and the candidate for Vice–President in order for it to be a valid petition. Therefore, the answer to your question is in the affirmative.

QUESTION NO. 3: If the independent Vice Presidential candidate's were to change prior to the independent presidential qualifying deadline of September 4, 1992, would the Presidential candidate be required to submit to the Secretary of State a new 1, 000 signature petition bearing the name of the presidential candidate and the new vice-presidential candidate prior to September 4, 1992, in order to qualify for the general election ballot?

RESPONSE: If a petition naming a presidential candidate and a vice-presidential candidate is filed and said petition meets all legal prerequisites, the named candidates would have their names placed on the general election ballot unless, prior to the qualifying deadline, said nominating petition is withdrawn. If the reason for such a withdrawal is to change the vice-presidential candidate, a new and valid petition naming a different set of candidates must be properly filed prior to said deadline. However, it is the opinion of this office that if, due to exigent circumstances, the vice-presidential candidate is unable to continue and there is insufficient time to file another petition, the electors pledged to support the vice-presidential candidate whose name appears on the submitted petition and ballot could legally cast their electoral votes for a substituted candidate.

QUESTION NO. 4: If the independent Vice Presidential candidate's name were to change after September 4, 1992, is there any provision in state law by which a new independent Vice Presidential candidate's name could be substituted?

RESPONSE: We find no such statutory provision insofar as State law is concerned.

Sincerely,

Mike Moore Attorney General