Mississippi Advisory Opinions April 05, 1983: AGO 000003824 (April 5, 1983)

Collection: Mississippi Attorney General Opinions
Docket: AGO 000003824
Date: April 5, 1983

Advisory Opinion Text

Mississippi Attorney General Opinions

1983.

Current through 1983 Legislative Session

AGO 000003824.

1983-59

April 5, 1983

DOCN 000003824

DOCK 1983-59

AUTH Richard M. Allen

DATE 19830405

RQNM Mr. Wallace Gray, Jr.

SUBJ Circuit Clerks

SBCD 42/67

TEXT Mr. Wallace Gray, Jr.

Circuit Clerk of Noxubee County

505 South Jefferson Street

Macon, Mississippi 39341

Dear Mr. Gray:

Attorney General Bill Allain has received your opinion request dated March 31, 1983, and has assigned it to me for research and reply, your letter of request stating:

"I would like your opinion on the following questions that have been asked me. To run as an independent, can a person vote in the primary and still qualify as an independent?

If a person runs fur office as a Democratic or Republican in the primary, can he run for another office as an independent in November?"

Responsive to your first question is this office's opinion to Circuit Clerk James R. Daniel dated August 8, 1975, copy attached, which states that a person who has voted and not participated as a candidate is not prohibited from qualifying as an independent.

Answering your second question in the negative is our Mississippi Supreme Court in Mississippi State Board of Election Commissioners v. Meredith, 301 So.2d 571 (Miss. 1974), copy of which is attached.

Yours very truly,

BILL ALLAIN, ATTORNEY GENERAL

BY:

Richard M. Allen Special Assistant Attorney General

RMA:hs Enclosures