Mississippi Advisory Opinions August 05, 1993: AGO 000006910 (August 5, 1993)

AGO 000006910.

Dear Mr. Colom:

Attorney General Mike Moore has received your request for an official opinion from this office and has assigned it to me for research and reply. In your letter you state: On July 22, 1993, a group of citizens submitted to the Circuit Clerk of Noxubee County petitions that seek the removal of a county supervisor pursuant to Section 25-5-1 et. seq., Mississippi Code of 1972, as amended. The petitions were in several sections and were generally in the form attached. The first sheet contained the requisite detailed explanation of the purpose of the petition. The subsequent series of pages contained only lines for signatures. The statutes involved do not address directly what language, if any, must be placed upon signature pages of a removal petition. We are aware of opinions you have issued regarding school bonds and other matters. We are also aware of the Court opinion in Clinton v. Smith, 493 So. 2d 331 (Miss. 1986). However, we are unaware of any statute or case law dealing with who determines the validity of a petition. We request your opinion on the following: Under Section 25-5-15 should the Circuit Clerk "count" the signatures on the petition, other than the first sheet, or should the Circuit Clerk merely verify the signature and leave the issue of the validity of the petition to the Governor? In response to your question, it is the duty of the Circuit Clerk as country registrar to count the signatures and verify the number submitted. The Governor's office will determine the validity of the petition, which will be determined in accordance with Mississippi Code Sections 25-5-17 through 25-5-21. Copies enclosed. If I may be of further assistance, please do not hesitate to contact me.

Sincerely yours, MIKE MOORE, ATTORNEY GENERAL BY: Phil Carter Assistant Attorney General PC:cw Enclosures