Mississippi Advisory Opinions August 31, 1983: 19830831 (August 31, 1983)

Advisory Opinion Text

Honorable Jay Gore, III

Grenada County Prosecuting Attorney

Post Office Box 901

Grenada, Mississippi 38901

Re: Elections - Corrupt Practices Act

Dear Mr. Gore:

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

Your letter states:

“As County Prosecuting Attorney, I have been asked to write the Attorney General's Office requesting an opinion on the following question:

“'Does the handing out of campaign cards by an incumbent while in his office located in the County Courthouse constitute a violation of Section 23-3-29 of the Mississippi Code of 1972, as amended?'

“If an incumbent who is campaigning for election while in office does violate Section 23-3-29, MCA (1972), I would very much appreciate your indication of what the penalty would be inasmuch as the reference to penalties in the annotation refers to Section 23-3-67 which appears to be limited to two other sections of the Code.”

In response to your first question, we find nothing in Mississippi Code Annotated § 23-3-29 (1972) which prohibits an incumbent from handing out campaign cards while in his office in the county courthouse. Furthermore, we know of no other statute which prohibits same.

Although our response to your first question renders your second question moot, it appears that the applicable penalty for a violation of Section 23-3-29 would be as prescribed in Section 99-19-31.

Very truly yours,

Bill Allain, Attorney General.