Mississippi Advisory Opinions May 30, 1983: 19830530 (May 30, 1983)

Advisory Opinion Text

Honorable Jesse A. Blackwell

Executive Secretary

Stone County Democratic Executive Committee

Post Office Box 567

Wiggins, Mississippi 39577

Elections - Qualifications of Candidates

Dear Mr. Blackwell:

Attorney General Allain has received your letter of request and has assigned it to me for research and reply.

Your letter states:

“Danny R. James, a certified teacher with the State of Mississippi, meets the Mississippi Code 37-5-73 qualifications of Superintendent Section 1. Section 2 suggests that Mr. James would have to have no less than four years experience as a teacher and or administrator in some public school in the State of Mississippi.

“Attorney General Summer provided a ruling to Representative James H. Walker in March of 1975 that suggested four years of experience as a teacher or administrator in some public school within this State addresses K through 12 experience only. He said that every reference in the Mississippi Code in regard to public school included only elementary and secondary schools.

“However, Mr. James has 3.66 years of experience K through 12 and nine years of experience in a Mississippi Junior College. The experience in the K through 12 educational system is verified by a copy of the letter from his Superintendent's Office.

“I would appreciate you making a ruling in regard to this particular case as to his eligibility. Attached is a listing of this young man's qualifications. As you well know, we are steadily approaching the June qualification deadline. Therefore, your immediate response would be appreciated.”

As stated in your letter, Mississippi Code Annotated, § 37-5-73 (1972), sets forth the qualifications one must possess in order to run for and hold the office of County Superintendent of Education.

Whether or not an individual meets these qualifications is a factual determination which can only be made by the appropriate executive committee or election commission.

Therefore, this office must respectfully decline to rule on the qualifications of any prospective candidate.

Very truly yours,

Bill Allain, Attorney General.