Mississippi Advisory Opinions November 15, 1990: AGO 000010541 (November 15, 1990)

AGO 000010541.

Dear Mr. Collins:

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

Your letter states:

"Enclosed please find a copy of a petition which I received in my office. I discussed this with you by telephone. Pursuant to your instructions I have advised Mr. Thomas by certified letter that the court cost required $42.50 and that a $300.00 bond is required. I also advised him that you felt he should comply with the appropriate statutes.

I am the Chancery and Circuit Clerk of Sharkey County and I cannot determine whether this matter should be filed in the Chancery or Circuit Court or if it is the proper form to be filed in either Court. Please advise what statutes I should proceed under in this matter as I can find no procedure to follow in the manual which the Secretary of State's Office provides.

I have not heard from Mr. Thomas since he received the certified letter."

In response to your inquiry and based on the facts presented, it is the opinion of this office that the prerequisites of filing an election contest have not been met.

We find no obligation on your part to proceed until the statutory requirements of Mississippi Code Annotated Section 23-15-951 et seq. (Supp. 1989) have been complied with. We suggest that Mr. Thomas be informed of the status of this matter. Sincerely,

MIKE MOORE, ATTORNEY GENERAL

BY: Phil Carter Special Assistant Attorney General

PC:mfd

Honorable Don H. "Ike" Collins Chancery and Circuit Clerk Post Office Box 218 Rolling Fork, Mississippi