Mississippi Advisory Opinions August 31, 1999: AGO 000013371 (August 31, 1999)

AGO 000013371.

Dear Ms. Avery, Ms. Shirley and Ms. Rhodes:

Attorney General Mike Moore has received your recent letter on behalf of the Hinds County Election Commission and has asked me to respond. Your letter states:

This communication comes to you requesting a written opinion concerning the placement of the names of Reform Party candidates on the November 2, 1999, General Election Ballot. It is our understanding, after several conversations with Phil Carter in the Secretary of State's office, that the nominee for a single county legislative seat or other single county office, must be certified as a nominee by the County Executive Committee before the name can be placed on the ballot. In Hinds County the following persons have qualified as Reform candidates:

Senate District 27 - Lee F. Dilworth - 427 Eastview Street - Jackson - 948-0430

Representative District 71 - Eugene H. Phair, Jr. - 2976 Woodside Dr. - 372-9397

The qualifying papers for these two Reform Party candidates were received by the Circuit Clerk's office in Hinds County. (Copy of qualifying papers enclosed). We have not received any communications from the Reform Party about these two candidates. We understand that these candidates must be certified by the County Executive Committee, not by a State Executive Committee in order to be the valid nominees, and we have not been able to verify a Reform Party County Executive Committee in Hinds County. The Election Commissioners of Hinds County would appreciate a written opinion as to whether these Reform Party candidate's names should be placed on the ballot for the November 2, 1999, general election.

You stated by telephone conversation that Senate District 27 is a single county district encompassing Hinds County and that Representative District 71 is also a single county district encompassing Hinds County. Miss. Code Ann. Section 23-15-299 (2)(Supp. 1999)(attached) provides that assessments made pursuant to Section 23-15-297(d)(Supp. 1999) for legislative offices for single county districts must be paid by each candidate to the circuit clerk of the candidate's county of residence by the deadline and the circuit clerk must forward the fees to the secretary of the proper county executive committee. In the facts you set forth in your letter the circuit clerk must forward the fees to the Hinds County Reform Party Executive Committee, but there is no Reform Party County Executive Committee in Hinds County.

Miss. Code Ann. Section 23-15-299(7) (Supp. 1999) sets forth the duty of the proper executive committee to determine that a candidate is qualified, stating:

Upon receipt of the proper fee and all necessary information, the proper executive committee shall then determine whether or not each candidate is a qualified elector, and whether any candidate has been convicted of any crime listed in Section 241, Mississippi Constitution of 1890, or is a fugitive from justice for this state or any other state, and such charge upon which a candidate has fled has not been dismissed. If the proper executive committee finds that a candidate is not a qualified elector, or that such candidate has been convicted of any crime listed in Section 241, Mississippi Constitution of 1890, and not pardoned nor has served his or her sentence, or is a fugitive from justice as aforesaid, then the name of such candidate shall not be placed upon the ballot.

Where there is but one (1) candidate, the proper executive committee when the time has expired, within which the names of candidates shall be furnished shall declare such candidate the nominee.

Since no Reform Party County Executive Committee in Hinds County has certified the Reform Party candidate for Senate District 27 and the Reform Party candidate for Representative District 71, these two candidates are not qualified. Unless these candidates are properly qualified and declared to be the nominees by a Reform Party County Executive Committee in Hinds County before the time that the November election ballots are to be printed, they should not be put on the ballot.

If we may be of any further assistance, please let us know.

Very truly yours,

MIKE MOORE

ATTORNEY GENERAL

By: Alice Wise

Special Assistant Attorney General

/aw