Mississippi Advisory Opinions July 02, 1979: 19790702 (July 02, 1979)

Advisory Opinion Text

Honorable John S. Holmes

Chairman

Yazoo County Democratic Executive Committee

Post Office Box 294

Yazoo City, Mississippi 39194

Dear Mr. Holmes:

Attorney General Summer has received your request for opinion and has referred it to the undersigned for research and reply.

Subject to your approval and consent, the question you present is summarized to inquire whether a candidate for county district office who has filed the necessary affidavit of candidacy, as required by the Corrupt Practices Act, Section 23–3–3, Mississippi Code of 1972, Annotated, with the circuit clerk within the time required by law, being no later than June 8, 1979, but who did not undertake to pay the qualifying fee as required by law to the county executive committee until June 9, 1979, may be approved by the county executive committee to appear upon the primary ballot as a candidate for the nominee of the party for said office.

Chapter 566 of the Laws of 1962, provides for the payment of specific fees to the secretary of the county executive committee by candidates upon entering the race for party nomination for county and county district offices.

Chapter 567 of the Laws of 1962, provides for the payment of the assessment set forth in Chapter 566, supra, ‘. . . by five o'clock p.m. sixty (60) days before the date fixed by law for the primary election, . . . to the secretary of the county executive committee of the party with which the said candidate is affiliated.’

It is the opinion of this office, therefore, that the deadline for the filing of the qualifying fee by a candidate with the executive committee for party nomination for county district office is on or before five o'clock p.m., June 8, 1979.

Very truly yours,

A. F. Summer, Attorney General.

W. D. Coleman Deputy Attorney General.