Mississippi Advisory Opinions October 28, 1983: AGO 000008886 (October 28, 1983)

Mississippi Attorney General Opinions

1983.

AGO 000008886.

1983-838

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Dear Mr. Toler:

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

Your letter states:

"The attached letter and reference was re- ceived this date by the Circuit Clerk of Lee County. Our question concerning this is as follows:

"Is a candidate for the office of County Surveyor required to be qualified for the office at the time his petition is sub- mitted to the primary party committee, or can he become qualified after the General Election and prior to January 1, 1984?"

In a telephone conversation you stated that the ballots for the November 8, 1983 General Election have been printed and that the name of the candidate in question was included on said ballots.

County election commissions have the authority to deter- mine the qualifications of persons certified to them by political parties as candidates for public office and to determine whether or not their names should be placed on the ballot. Powe v. Forrest County Election Commission, 163 So.2d 656 (1964).

Generally, qualifications to make one eligible to be a can- didate for public office are required to be met at the time such candidate is elected. Plunkett v. Miller, 162 Miss. 149, 137 So. 737 (1931).

However, as stated in our opinion to Mrs. Lorena Dean, dated September 20, 1979 (Copy enclosed) unless a candidate possesses the requisite qualifications or provides absolute proof, subject to no contingencies, that he will possess such qualifications on or before the date of the election, an election commission could refuse to qualify and put such candidate's name on the ballot.

Once such determinations are made and the ballots have been printed, the county election commissioners are fully authorized to view such action as a final determination within their jurisdiction, which would, of course, be subject to judicial review by a court of competent jurisdiction.

Very truly yours,

BILL ALLAIN, ATTORNEY GENERAL

BY Phillip C. Carter Special Assistant Attorney General

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