Cameron v. Miss. Republican Party, et al.
| Docket Number: | 2003-EC-01008-SCT Linked Case(s): 2003-EC-01008-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 03-25-2004 Opinion Author: Carlson, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Election - Determination of qualifications of candidates - Section 23-15-299(7) Judge(s) Concurring: Pittman, C.J., Smith and Waller, P.JJ. Cobb and Dickinson, JJ. Non Participating Judge(s): Diaz and Graves, JJ. Dissenting Author : Easley, J. Procedural History: Bench Trial Nature of the Case: CIVIL - ELECTION CONTEST |
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| Trial Court: |
Date of Trial Judgment: 05-07-2003 Appealed from: Hinds County Circuit Court Judge: Ed Patten Disposition: Denied Appellant's Petition for Judicial Review of Decision of the State Executive Committee of the Mississippi Republican Party Refusing to Certify Petitioner as a Candidate for the Republican Nomination for State Senator, District 22 and for Writ of Mandamus. Case Number: 251-03-453 CIV |
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| Note: | Delete from Consideration: election contest | |
| Party Name: | Attorney Name: | |||
| Appellant: | Thomas F. Cameron, III |
WILLIE GRIFFIN
WILLIE L. BAILEY
JOHNNIE E. WALLS, SR |
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| Appellee: | The Mississippi Republican Party and Its State Executive Committee, and James Herring, in His Official Capacity as Party Chairman, Eugene Clarke, Individually, and Stephen Nick, Individually | MICHAEL B. WALLACE |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Election - Determination of qualifications of candidates - Section 23-15-299(7) |
| Summary of the Facts: | In 1991, Thomas Cameron, III, was elected to the House of Representatives as Representative of District 52, comprised of portions of Issaquena, Sharkey, and Washington Counties. Following the 2000 Census, the Legislature passed Joint Resolution No. 201, redistricting the State Senate. The plan was submitted to the United States Department of Justice, which precleared the plan on June 17, 2002. Instead of seeking reelection as a Representative, Cameron decided to run for the Senate in the newly-drawn Senate District No. 22; however, Cameron’s residence was situated in the newly drawn Senate District No. 12 approximately fifty feet outside the new Senate District No. 22. Cameron submitted his qualifying papers to the Mississippi Republican Party State Executive Committee, seeking the Republican nomination for new Senate District No. 22. He entered into a contract to purchase a home within the new Senate District No. 22, with the closing to be on or before May 1, 2003 and possession to be on or before June 1, 2003. The Committee refused to certify Cameron to seek election in the new Senate District No. 22 Republican Primary due to his failure to meet the residency requirements of the state constitution and applicable statutes. Cameron filed a petition in the Hinds County Circuit Court requesting the issuance of a writ of mandamus ordering the State Executive Committee to place Cameron’s name on the ballot. The special judge denied Cameron any relief under his petition and dismissed the petition. Cameron appeals. |
| Summary of Opinion Analysis: | Under section 23-15-299(7), the Legislature has conferred the duty to determine qualifications of candidates to the appropriate executive committees. Cameron argues that since there was no petition timely filed by a contesting party thereby contesting his qualifications pursuant to section 23-15-961, he was certified to run in the Republican primary by default. His interpretation would completely nullify the provisions of section 23-15-299(7) which require the appropriate party executive committees to make a pre-election determination that their candidates are qualified according to law. Section 23-15-299(7) requires the executive committee to determine whether each candidate meets all other qualifications to hold the office he is seeking or presents absolute proof that he will, subject to no contingencies, meet all qualifications on or before the date of the general or special election at which he could be elected to office. Cameron cannot meet this statutory provision. Cameron admitted both before the Committee and the circuit court that as of the times of his appearances, he was not a resident of new Senate District No. 22 but that he was in the process of moving into the new district as evidenced by the real estate contract. Although Cameron may have intended in good faith to purchase the home for which he had contracted in order to establish residence within District 22, he failed to show at the time of qualification for office with “absolute proof” and “without contingencies” that he would be a resident within the district at the time of the election. |
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