Q Does the board of supervisors have any discretion if a candidate for election commissioner does not file the required petition with the chancery clerk prior to the deadline?

A No. The statutory deadline for filing the required petition with the chancery clerk prescribed in Section 23-15-213 requires strict compliance. If a potential candidate fails to meet that responsibility, the board of supervisors is required to refuse to place the candidate’s name on the ballot. Note that before being disqualified, a potential candidate must be given an opportunity to appear before the board and state his or her case. (Attorney General’s Opinion to Cochran, July 27, 2012)