Mississippi Advisory Opinions March 25, 1985: AGO 000004766 (March 25, 1985)

AGO 000004766.

Dear Mr. Holladay:

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

"Mrs. Brenda Sigler, City Clerk, advised me that she had been in contact with your office about the procedure the Republican Executive Committee should use in connection with our upcoming election, because it has been discovered that the Republican Party does not have an elected executive committee in existence at this time.

The party did elect five (5) members among themselves some time ago, however, it is my understanding that six (6) would be necessary in Picayune since we have five councilmen and a mayor in our City Manager form of government.

"It is my opinion that the Republican Party should follow the procedure outlined in the Appendices to Title 23, Appendix A, and 3154, and that these six (6) people elected at a mass meeting would serve for the approaching election and be put on the ballot to be elected to serve for the next four (4) years.

"Under the facts outlined above I would appreciate your opinion as soon as possible for the Republican Party to get their election commis- sioners on the ballot and also what requirements ought to be met in order for a Republican candidate to be placed on the ballot, since at this time there is no formal Republican election committee."

In a telephone conversation you informed us that prior to the 1981 municipal primary election, five (5) individuals made it known that they wished to be put on the ballot as candidates for membership on the Picayune Republican Executive Committee for the term July 1, 1981 to June 30, 1985. Since these five individuals had no opposition they were declared elected by the members of the Committee at that time in accordance with Section 3118, Mississippi Code of 1942.

Assuming that the above is a correct statement of the facts, it is the opinion of this office that a Municipal Republican Executive Committee is now in place and may conduct a 1985 primary election for its party.

Also, in accordance with Section 3152 the five members are required to fill the vacancy on the Committee.

Very truly yours,

EDWIN LLOYD PITTMAN, ATTORNEY GENERAL

BY

Phillip C. Carter Special Assistant Attorney General

PCC:mfd