Mississippi Advisory Opinions September 23, 1983: 19830923 (September 23, 1983)

Advisory Opinion Text

Honorable Henry L. Clarke

Holmes County Election Commission

Route 1

Box 173

Pickens, Mississippi 39146

Re: Elections - Qualifications of Candidates

Dear Mr. Clarke:

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

Your letter states:

“Enclosed is information of Fred Watson who is seeking to be placed on the General Election Ballot. Since it is stated that he would be dangerous to society, we, the Election Commissioners of Holmes County, request an immediate ruling on the matter.”

In response to your inquiry, it is the opinion of this office that the Order of the Hinds County Circuit Court enclosed with your letter cannot be relied on as an adjudication of the sanity of Mr. Watson for the purpose of determining whether or not he is a qualified elector. Likewise, the statement that he “is a danger to the security of persons and property and the peace and safety of the community, ” is not legally sufficient to justify omitting his name from the ballot.

Very truly yours,

Bill Allain, Attorney General.