Mississippi Advisory Opinions June 08, 1981: AGO 000004274 (June 8, 1981)

AGO 000004274.

Dear Dr. Clark:

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

Your letter states:

"We have recently had municipal primary elections in Morton which have been contested. The plaintiffs have alleged various irregularities and activities at the polls. A hearing has been requested and granted.

"We of the Municipal Democratic Executive Commit- tee would like to have an answer to the following questions:

1. After the hearing, what are our options? 2. Can we rescind our prior certification of the primary election, in whole or in part?

"It should be noted that the above mentioned elections were held by the City Election Commissioners, and after the elections, the City Commissioners pre- sented the results to the Municipal Democratic Execu- tive Committee and the results were certified imme- diately after the elections."

We are informed that a municipal general election was held in Morton on June 2, 1981. We are also informed that appearances will be made at the hearing by legal counsel on behalf of a contestant.

Considering the information in your letter and that added above, we are obliged to state that since the matter you inquire about is in a state of litigation, we are not permitted by statute to express an opinion concerning your inquiry. Any opinion expressed could not validate nor invalidate any action of the Committee and the ultimate resolution of the matter is for a court of competent jurisdiction.

With kind regards, I am

Very truly yours,

BILL ALLAIN, ATTORNEY GENERAL

BY:

S. E. Birdsong, Jr. Assistant Attorney General

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