Mississippi Advisory Opinions May 18, 1981: AGO 000004276 (May 18, 1981)

AGO 000004276.

Dear Mr. Gwin:

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

Your letter states:

"The undersigned is the Chairman of the Board of Election Commissioners of the Town of Tchula.

"Would you please inform me as to the statutory provisions which govern the nomination of party candi- dates whose names are to be placed on the municipal general election ballot for the municipal general election to be held in Tchula on June 2, 1981."

Reference is made to Section 3152 found in Appendix A to Volume 6 of the Mississippi Code of 1972, Annotated (the "Code"), which states how municipal primary elections shall be held:

"Section 3152. Municipal primary elections; how held.

Nominations for all municipal officers which are elective shall be made at a primary election, or elec- tions, to be held in the manner prescribed by law. Such primary elections shall be held on the second Tuesday in May preceding the general municipal election, and, in the event a second primary shall be necessary, such second primary shall be held on the third Tuesday in May preceding such general municipal election. At such pri- mary election the municipal executive committee shall perform the same duties as are specified by law and performed by members of the county executive committee with regard to state and county primary elections. Each municipal executive committee shall have as many members as there are elective officers of the municipality, and such members of the municipal executive committee of each political party shall be elected in the primary elections held for the nomination of candidates for municipal offices. The names of all persons desiring to be a candidate for the nomination in the primary elections shall be furnished to the municipal executive committee of the party to which such person belongs, at least thirty (30) days prior to the first primary election. The provisions of this section shall govern all municipal primary elections as far as applicable, but the officers to revise and prepare the poll books and ballots, and the managers and other officials of the primary election shall be appointed by the municipal executive committee of the party holding such primary, and the returns of such election shall be made to such municipal executive committee. Vacancies in the executive committee shall be filled by it.

Reference is also made to Section 23-5-134 of the Code, part of which is set forth below and which part states what names to be placed upon the municipal general election ballot for Tchula in the forthcoming election of June 2, 1981:

"Section 23-5-134. Ballots--contents--exceptions.

(1) The ballot shall contain the names of all candidates v/ho have been put in nomination, not less than sixty (60) days previous to the date of the election, by the primary election of any political party. There shall be printed on the ballots the names of all persons so nominated, whether the nomination be otherwise known or not, upon the written request of one or more of the candidates so nominated, or of any qualified elector who will make oath that he was a participant in the primary election, and that the person whose name is presented by him was nominated by such primary election. The commissioner shall also have printed on the ballot in any general or special election the name of any candidate who, not having been nominated by a political party, shall have been requested to be a candidate for any office by a petition filed with said commissioner, not less than sixty (60) days prior to the election, and signed by not less than the following number of qualified electors: ...

(e) For an office elected by the qualified electors of a county, a senatorial or representative district or a municipality having a population of one thousand (1,000) or more, not less than fifty (50) qualified electors.

With kind regards, I am

Very truly yours,

BILL ALLAIN, ATTORNEY GENERAL

BY:

S. E. Birdsong, Jr. Assistant Attorney General

SEB,Jr./mg