Mississippi Advisory Opinions June 24, 1983: AGO 000003788 (June 24, 1983)

Mississippi Attorney General Opinions

1983.

AGO 000003788.

1983-287

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Dear Mr. Fowler:

Attorney General Allain has received your letter of request and has assigned it to me for research and reply. Your letter states:

"I, Jerry Fowler, am a member of the Democratic Executive Committee here in Benton County and I need your opinion on these questions concern- ing the qualifications for an individual runn- ing for the office of County Superintendent of Education. I need these opinions as soon as pos- sible so we may make a decision on this indivi- dual seeking to get his name on the first primary ballot.

"1. This individual only has three years of teaching in the public schools and did not turn in a certificate required by the State Depart- ment of Education to the Office of the Circuit Clerk by June 3, 1983, which was the deadline to qualify in this county. This individual does not have a certificate as of now and has not turned in a certificate to the Circuit Clerk's Office.

"My question is this: Is this individual quali- fied to hold the office of County superintendent of Education? Second, is he qualified to be placed on the ballot to run for this office?

2. What is the penalty for the Democratic Exe- cutive Committee members if this individual is placed on the ballot, knowing he is not quali- fied to run for this office.

Please see the enclosed copy of an opinion addressed to the Tippah County Democratic Executive Committee, dated June 20, 1983, concerning the qualifications of the office of county superintendent of education.

In summary, that opinion states that one must meet the require- ments of Mississippi Code Annotated, 37-5-73 (1972), (copy enclosed) at the time the county executive committee places his name on the ballot. One of the requirements of Section 37-5-73 is four (4) years experience Obviously if one has only three (3) years experience of the type required by this statute, he would not be qualified to have his name placed on the ballot.

The opinion further states that we find no statutory requirement for a candidate for the office of county superintendent of education to file a certificate of eligibility with county officials. While we are unaware of any personal liability of committee members for placing the name of an unqualified person on the ballot, the county election commission is prohibited by law from placing such name on the ballot for the general election even if the person is nominated by the Democratic Party.

Very truly yours,

BILL ALLAIN, ATTORNEY GENERAL

BY

Phillip C. Carter Special Assistant Attorney General

PCC:mfd Enclosure