Mississippi Advisory Opinions July 20, 1983: 19830720 (July 20, 1983)

Advisory Opinion Text

Dr. Eldon L. Bolton

Harrison County Election Commission

Post Office Drawer CC

Gulfport, Mississippi 39501

Re: Elections - Qualification of Candidates

Dear Dr. Bolton:

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

Your letter states:

“The Harrison County Election Commission has received a number of petitions from candidates for the office of Sheriff who are running as Independents. The question of assessments, i.e., amounts and to whom paid, is causing some confusion.

“We request an opinion from your office as to the applicable laws in this instance. The sections of the law in question are:

“23-1-33 assessments. 23-1-35 Paragraph 1 lines 11-12. Paragraph 2 lines 8-9 and Paragraph 4 in its entirety. 23-1-95 Paragraph 1 Section E. Section 3120 which makes no reference to County offices. Section 3121 which makes no reference to nonparty affiliated candidates.

“An additional opinion is requested regarding the alleged inclusion in the pay envelopes of all employees of the Sheriff's office of a note typed on office stationery by the Sheriff's secretary advising that he would be a candidate for re-election and requesting that they support him. Is such a practice in violation of 23-3-29.”

In response to your first question, Mississippi Code Annotated § 3120 (1942) as amended by Chapter 566, Laws of 1962 (copy enclosed), fixes the qualifying fees for candidates for party nominations. As noted in your letter this statute does not apply to independent candidates.

Section 23-1-95 which sets forth qualifying fees for “[a]ll candidates upon entering the race for election to any office except United States Representatives, United States Senators and municipal officers” was never approved pursuant to the Voting Rights Act of 1965 and is, consequently, ineffective.

Therefore, we know of no statutory assessments required to be paid as a qualifying fee by independent candidates for county offices.

In response to your second question, we respectfully decline to render an opinion on past actions of a county official. Any such opinion could neither validate nor invalidate such actions. The ultimate resolution of the question must be determined by a court of competent jurisdiction.

Very truly yours,

Bill Allain, Attorney General.