Mississippi Advisory Opinions August 10, 1987: AGO 000008038 (August 10, 1987)

AGO 000008038.

Dear Mr. Martin:

Attorney General Edwin Lloyd Pittman has received your request for a opinion from this office and has assigned it to the undersigned for research and reply. In your letter you ask the following: On behalf of the Executive Committee of the Democratic Party of the State of Mississippi, I request an official opinion on the following matter: Three candidates qualified for the Democratic primary election in Senate District 23. All three were certified by the State Executive Committee on June 6, 1987. On July 16, one of the candidates, Jerome C. Hafter requested in writing that his name be removed from the August 4 Democratic primary ballot. When asked the reason for his withdrawal, Hafter stated that he had accepted reappointment for a three-year term on the State Board of Bar Admissions and could not serve in the Senate as a member of the Board. He also stated that he had told the Washington County Executive Committee of his withdrawal and intended to inform the County Executive Committees of Warren and Issaquena Counties The State Democratic Party Office contacted the Circuit Clerks and the Chairs of the Executive Committees of each of the three counties by phone and then by mail. However, the ballots in Issaquena County and in Warren County had been printed with Hafter included as a candidate. Hafter was not included on the ballot in Washington County. On August 4, Jerome Hafter received some votes in Issaquena County and in Warren County. It is possible that, if these votes are counted, neither of the other two candidate would have the required majority for the Democratic nomination. The State Executive Committee must certify the election results on Tuesday, August 11. We request expedited consideration on this question: Should votes cast for Jerome Hafter be counted when determining the outcome of the election, or should those votes be ruled to be spoiled ballots? In response to your inquiry we invite your attention to Miss. Code Ann. 23-15-295 (Special Election Pamphlet 1986) which states: When any person has qualified in the manner provided by law as a candidate for party nomination in any primary election, such person shall have the right to withdraw his name as a candidate by giving notice of his withdrawal in writing to the secretary of the proper executive committee at any time prior to the printing of the official ballots, and in the event of such withdrawal the name of such candidate shall not be. printed on the ballot. When a candidate for party nomination for a state or district office who has qualified with the state executive committee withdraws as a candidate as is herein set forth after the sample of the official ballot has been approved and certified by the State Executive Committee the Secretary or Chairman of the State Executive Committee shall forthwith notify the county executive committee of each county affected or involved of the fact of such withdrawal and such notification shall authorize said county executive committees to omit the name of the withdrawn candidate from the ballot if such notification is received prior to the printing of the ballot. In the case of the withdrawal of any candidate, the fee paid by such candidate shall be retained by the state or county executive committee, as the case may be. It is the opinion of this office that since notice of the candidate's withdrawal was subsequent to the printing .of the ballots in Issaquena County and Warren County, Mr. Hafter's name was properly on those ballots and votes cast for him should be counted.

Yours very truly, EDWIN LLOYD PITTMAN, ATTORNEY GENERAL BY _______________________ Catherine Walker Underwood Assistant Attorney General CWU:mfd