Mississippi Advisory Opinions April 04, 1980: AGO 000001650 (April 4, 1980)

AGO 000001650.

Dear Mrs. White:

Attorney General Bill Allain has received your request for opinion regarding the election of Commissioners for the Ya- zoo-Mississippi Delta Levee District and has referred it to the undersigned for research and reply.

The opinion of this office in response to each question is set forth below immediately following each question in the order in which you present them.

"(1) if two candidates qualify by affidavit on or before April 4, as democratic candi- dates, would a democratic primary election be necessary, for this office only."

It is the opinion of this office that the election of Commis- sioners for the Yazoo-Mississippi Delta Levee District is con- trolled by Chapter 12 of the General Laws of the State of Mis- sissippi enacted at the Regular 1928 Session of the Mississip- pi Legislature. Specifically, and in reference to your first question, Section 8 of Chapter 12, Supra, provides:

"Nomination of candidates for the office of commissioner of said levee districts, . . . by any political party, shall be made by counties, or parts of a county having a levee commissioner, and the primary elec- tions for that purpose shall be held con- currently with the primary elections for nominations of representatives in Congress,

. . . The general primary election laws shall apply to and govern the nomination of candidates for the office of commis- sioner for the said levee districts in so far as they may be applicable."

Section 9 of Chapter 12, Supra, provides:

"Primary elections for the nomination of candidates for the office of commissioner of said levee districts shall be under the supervision and control of the county execu- tive committee of the respective political parties, which committees shall discharge in connection with such elections all of the duties imposed upon them in connection with elections for the nominations of candidates for other county offices."

Therefore, specifically responding to your question, it ne- cessarily follows that it is the opinion of this office that should two candidates qualify with the Democratic Executive Committee of Leflore County for Commissioner for the Yazoo- Mississippi Delta Levee District, it would be necessary to conduct a Democratic Primary Election for this office only in order to determine the nominee of the Democratic Party for said office, who's name would be required to be placed upon the General Election Ballot in the November 4, 1980, General Election for said office.

"(2) Could they both be on the Democratic ticket in the General election in November, and if so, would the qualifying date be Sep- tember 1, 1980."

It is the opinion of this office that the names of the two candidates who qualified as candidates in the Democratic Primary for said office could not be legally and validly placed upon the General Election Ballot in November for the reason that the objective of the Pri- mary Election to determine the nominee of the Democratic Party for said office having been attained through the primary process, only the name of such nominee singularly would be authorized to be placed upon the General Election Ballot as such nominee of such party.

"(3) Are there any special qualification for this office, in the nature of petitions or any special requirements if they qualify as a party nominee."

In response to your third question, it is the opinion of this office that Section 230 of the Mississippi Constitution of 18- 90 providing:

"All of said commissioners shall be qualified electors of the respective counties or parts of counties from which they may be chosen. . . "

A candidate for said Levee Commissioner would be re- quired to be a qualified elector of Leflore County. Such candidate would be required to pay the qualifying fee to the County Executive Committee of Fifteen Dollars ($15.00) no later than on or before 5:00 O'clock P.M. April 4, 1980, all as provided by Section 3120(d) and Section 3121 Missis- sippi Code of 1942, Annotated & Amended, said office being a county-wide office, all as provided in Chapters 566 and 567 of the Laws of 1962, and the filing of the Corrupt Prac- tices Affidavit in the office of the circuit clerk as provid- ed by Section 23-3-3, Mississippi Code of 1972, Annotated.

Should anyone desire to qualify as an independent candidate for said office, Section 2 of Chapter 12, Supra, provides:

"Except as may be herein otherwise provided, the general laws for the election of county officers shall apply to and govern the election of the commissioners of said districts from their respective counties, and parts of counties."

It is the further opinion of this office that a person desir- ing to qualify as an independent candidate for said office in the November 3, 1980, General Election, such person would be required to file a qualifying petition no later than on or be- fore 5:00 O'clock P.M. September 5, 1980, with the County Elec- tion Commissioners or a member thereof containing the names of not less than fifty (50) qualified electors, personally signing such petition, requesting the name of such person to be placed upon such ballot, all in accordance with the provisions of Sec- tion 23-5-134, Mississippi Code of 1972, Annotated & Amended, and as found 'beginning on Page 206 of the 1979 Pocket Part to Volume 6 of said Code.

Although the following is the responsibility of a candidate, re- ports of contributions and expenditures are required to be made by the candidate pursuant to the provisions of Section 23-3-41(2) and Section 23-3-43, Mississippi Code of 1972, Annotated & Amend- ed, within the time or on the schedules as required by the sta- tutes.

Trusting that the above and foregoing shall constitute a complete response to your inquiries, I am

Very truly yours,

BILL ALLAIN, ATTORNEY GENERAL

BY:

W. D. Coleman Deputy Attorney General

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