Missouri Advisory Opinions January 01, 1970: MO Att. Gen. Op. 325-70

Collection: Missouri Attorney General Opinions
Date: Jan. 1, 1970

Advisory Opinion Text

(1) The Secretary of State has no authority to refuse to certify a candidate for the legislature because it is alleged that such a candidate is not a resident of the district for which he has filed. (2) The Secretary of State has no authority to accept an affidavit after the last day for filing for office from a candidate for the legislature stating that he wishes to change the number of the district appearing on his declaration of candidacy and cannot certify the candidacy of the person according to the change indicated in the affidavit. (3) The Secretary of State has no authority to make a determination that a fictitious filing has been made for the legislature and cannot withdraw the name of the alleged fictitious candidate from certification for the August primary election. (4) The Secretary of State does have authority at the request of a candidate to clarify the name of such candidate or to change the address of the candidate after 5 p.m. on the last Tuesday of April preceding the August primary, but the Secretary of State has no authority to clarify the name or change the address after the date upon which the Secretary certifies to the county clerks and the boards of election commissioners the names of the candidates who have filed in his office.

This opinion has been WITHDRAWN.

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