Mississippi Advisory Opinions June 21, 1979: 19790621 (June 21, 1979)

Advisory Opinion Text

Mr. Ralph Brown

Circuit Clerk

Scott County Courthouse

Post Office Box 371

Forest, Mississippi 39074

Dear Mr. Brown:

Attorney General Summer has received your opinion request dated June 19, 1979 and has assigned it to me for research and reply, your letter stating:

‘I would like for your office to give me an opinion on the following as soon as possible: Section 23–5–95, Miss. Code of 1972, amended in Paragraph (1) states:

‘23–1–95. Declaration of intent by candidates; assessment.

‘(1) All candidates upon entering the race for election to any office except United States Representatives, United States Senators and municipal officers shall, not less than sixty (60) days prior to any general or regular election, file their intent to be a candidate and pay to the secretary of the proper executive committee of their political party or the appropriate election commission for each election the following amounts:’

‘This section furthers sets out the fees required to be paid.

‘An individual qualified for constable January 22, 1979, but failed to pay his $10.00 fee to the Secretary of the Executive Committee.

‘He was notified that the fee was not paid and was required, but failed to pay it by June 8, 1979. His inability to pay is not in question.

‘The Executive Committee wants to know if it can now accept the fee or is the candidate disqualified.

‘Please rule on this immediately as time is of the essence.

Section 23–1–95, supra , was part of the legislation (§ 23–1–81 through –103) which was not approved by the U.S. Department of Justice under § 5 of the Voting Rights Act. The law we are operating under, § 23–3–3, 1972 Code (Section 3158, 1942 Code), requires the candidate to file his or her corrupt practices affidavit with the Circuit Clerk and § 23–1–33, 1972 Code (§ 3120, 1942 Code), requires (‘shall’) payment of the fee to the Secretary of the ‘proper executive committee’ and § 23–1–35, 1972 Code (§ 3121, 1942 Code), by 5:00 P.M. ‘sixty days before the date set by law for the election’, the payment deadline being, in this case, June 8, 1979.

It would appear that § 23–1–29, ibid , having to do with filing either with the clerk or the executive committee can be sufficient for filing purposes, but it does not suffice as timely payment of the fee, regardless of the executive committee's wishes as to certification as to candidates.

Of course the independent route is available to those who do not qualify for candidacy in a party primary.

Thanking you for giving this office this opportunity to be of assistance, I remain

Yours very truly,

A.F. Summer Attorney General.

Richard M. Allen Special Assistant Attorney General.