Mississippi Advisory Opinions June 03, 1999: AGO 000013226 (June 3, 1999)

AGO 000013226.

Dear Mr. Shepard:

Attorney General Mike Moore has received your request for an official opinion of this office and has assigned it to me for a reply. Your letter has been attached for reference.

In your letter you state that two people qualified to run for the office of Supervisor District No. 4, Marion County. Both candidates qualified to run on the Democratic ticket. There were no other party or independent candidates who qualified to run. One of the two candidates died on May 18, 1999. You specifically inquire:

1. If an elector casts a vote for a write-in candidate' at the primary election on August 3, 1999, will those such votes be considered valid?

2. If an elector casts a vote for a write-in candidate' at the general election on November 5, 1999, will those such votes be considered valid?

In your letter you cite Section 23-15-365, Miss. Code which provides:

There shall be left on each ballot one (1) blank space under the title of each office to be voted for, and in the event of the death, resignation, withdrawal or removal of any candidate whose name shall been printed on the official ballot, the name of the candidate duly substituted in the place of such candidate may be written in such blank space by the voter.

From a plain reading of the statute, since the ballots have not been printed for the primary election, Section 23-15-365 is not invoked and there is no provision for the casting of write-in votes. Therefore, it is the opinion of the office that any write-in votes cast in the primary election would not be valid. The same analysis would apply to the general election.

If this office can be of any further assistance to you, please let us know.

Very truly yours,

MIKE MOORE

ATTORNEY GENERAL

By: Sandra Murphy Shelson

Special Assistant Attorney General