Missouri Advisory Opinions January 01, 1968: MO Att. Gen. Op. 310-68

Advisory Opinion Text

June 19, 1968

Honorable Donald L. Gann
State Representative District 146
Missouri House of Representatives
Ozark, Missouri 65721

Dear Representative Gann:

This is in answer to your letter of recent date in which you ask for an official opinion of the Attorney General on the question whether a county clerk can at the request of a candidate for office, print on the primary ballot, the name of such candidate different from the name which the candidate signed on his declaration of candidacy.

In the particular case inquired about, you ask whether the clerk at the request of the candidate can print on the primary ballot the name "Dean Adams" in place of the name "Arthur D. Adams" signed in the declaration.

We are enclosing a copy of an official opinion rendered under date of October 20, 1950 to Mr. Lane Harlan, No. 3 (1950) which we believe answers your question. Such opinion held that the county clerk at the request of a candidate could change the name under which such individual was nominated, that is, he could change the name "C. H. Cochran" under which name he was nominated to "C. Harrison Cochran," which name would be on the ballot at the November general election if such changed name was the name ordinarily used by such candidate and sufficiently identified him.

We believe that the reasoning in the enclosed opinion is applicable to your request and that the county clerk may at the request of the candidate after the final filing date for a primary election change the name the candidate signed in his declaration of candidacy it such changed name is a name ordinarily used by the candidate and sufficiently identifies him.

Very truly yours,

Norman H. Anderson
Attorney General