Mississippi Advisory Opinions October 01, 1979: 19791001 (October 01, 1979)
Collection: Mississippi Attorney General Opinions
Docket: 19791001
Date: Oct. 1, 1979
Advisory Opinion Text
Mr. Tommie Whitfield
Supervisor
Pearl River County
Post Office Box 65
Carriere, Mississippi 39426
Dear Mr. Whitfield:
Attorney General Summer has received your letter of request dated September 28, 1979, and has assigned it to me for research and reply.
You submit the following, to-wit:
‘As Supervisor of Pearl River County, Mississippi, we are requesting your rule on the following question:
‘Does the Democratic Executive Committee of Pearl River County, Mississippi have the authority to call a new election as result of a contest of a candidate in the Sheriff's race and the Executive Committee having heard the contest for approximately a week and made a finding, ‘the committee found hundreds of questionable ballots and honest mistakes by poll workers, the committee cannot conscientiously declare that the will of the voters has been clearly determined and therefore uncertainty and doubt has been cast upon this second primary race, and that if it had the authority a majority would order a new election for Sheriff.’ We would like to know if the Democratic Executive Committee has the authority to call a new election in a precinct, precincts, or the entire county where the Committee cannot determine the will of the people? In other words, if they cannot determine the will of the people for Sheriff's race in Pearl River County, Mississippi, do they have authority to order a new election?
‘We are attaching a copy of the Motion made, seconded and carried by the Democratic Executive Committee pertaining to this matter for your information.
‘We would appreciate your prompt response to this so that we can put the people of Pearl River County mind's at ease about this matter.’
In response to your request, we enclose herewith a photo copy of Section 23–3–19, Mississippi Code of 1972, which we believe responds to your inquiry.
With kindest regards, Very truly yours,
A. F. Summer, Attorney General.
P. L. Douglas First Assistant Attorney General.