Mississippi Advisory Opinions November 14, 1979: 19791114 (November 14, 1979)

Advisory Opinion Text

Mrs. Emily B. Jones

Chairman

Washington County Election Commission

Quandary Plantation

Route 1

Box 151

Isola, Mississippi 38754

Re: General Election—Contest

Dear Mrs. Jones:

Your letter request of November 11, 1979, addressed to the undersigned, has been received by Attorney General Summer and assigned to this writer for research and reply. You letter states:

‘This is one more question about the election in Washington County for Representative for District 53, a single county district. This is being contested by Nick Crawford who lost the election to Perrin Grissom.

‘Is there any law which states that the Election Commission can call for a special precinct election if Mr. Crawford, the candidate contesting the election presents witnesses to us who swear there were irregularities at the poll in question, Ward's Recreation Center in District Two.

‘Will you please send a copy of your answer, also, to me to Box 1276, Greenville, 38701. This way if I should be in Greenville the day it comes I will receive it. When I go to the Circuit Clerk's office I leave before our mail is delivered here.’

Your request of November 11th is a supplement to your inquiry on the same matter dated November 10th to which we responded to you in your capacity as Chairman of the Washington County Election Commission on November 13, 1979.

The answer to your question is ‘no’. This office is unaware of any authority for the election Commission to call for a special precinct election for a Representative as stated in answers #1 and #2 our November 13th letter.

Section 23–3–19 is only applicable to primaries and Section 23–5–187, –191 and –193 are the statutory remedies for contesting a general election.

Sincerely yours,

A. F. Summer, Attorney General.

John M. Weston, Special Assistant Attorney General