Mississippi Advisory Opinions October 16, 2015: AGO 2015-00353 (October 16, 2015)

Advisory Opinion Text

AUTH: Liz Bolin

RQNM: Kelly Standard

SUBJ: Elections

SBCD: 67

TEXT: Mr. Kelly W. Standard

Chairman

Tallahatchie County Election Commission

P.O. Box 86

Charleston, MS 38921

Re: Examination of candidate qualifications

Dear Mr. Standard:

Attorney General Hood is in receipt of your request for an official opinion, and it has been assigned to me for research and reply.

Background and Questions Presented

We understand your question to be whether a county election commission may review the qualifications of party nominees before their names are placed on a general election ballot.

Applicable Law and Analysis

Mississippi Code Section 23-15-359 states, in part:

(1)The ballot shall contain the names of all party nominees certified by the appropriate executive committee, and independent and special election candidates who have timely filed petitions containing the required signatures...

(8) The appropriate election commission shall determine whether each candidate is a qualified elector of the state, state district, county or county district they seek to serve, and whether each candidate meets all other qualifications to hold the office he is seeking or presents absolute proof that he will, subject to no contingencies, meet all qualifications on or before the date of the general or special election at which he could be elected to office...

(Emphasis added.)

In Powe v. Forrest County Election Commission, 163 So.2d 656 (Miss. 1964), the Mississippi Supreme Court considered whether an election commission has the duty and discretion to determine qualifications of party nominees certified to an election commission as candidates for the general election. The Court concluded "it is apparent that the Commission has discretion to determine whether or not the names of a candidate shall be placed upon the ballot." Powe at 658.

Conclusion

This office has previously opined that county election commissions have the duty to determine qualifications of persons certified to the Commission as nominees as well as independent candidates. MS AG Ops., Shannon (April 6, 1995); Arbuthnott (September 12, 2007). In response to your question and in accordance with our earlier opinions, we conclude that a county election commission has the duty to determine whether all candidates, including party nominees, are qualified to be placed on the general election ballot.

Please let us know if this office can be of further assistance.

Sincerely,

JIM HOOD, ATTORNEY GENERAL

Elizabeth S. Bolin, Special Assistant Attorney General