Could a Mississippi judicial candidate tell voters that a political party endorsed her?
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This page answers the general question as of 2024. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.
Plain-English summary
Two complaints challenged a Mississippi Supreme Court candidate's television and online advertisement saying she was “the only candidate endorsed by the Mississippi Republican Party.” The complaints pointed to statutory limits on aligning with a political party and campaigning based on party affiliation.
The Committee followed former Special Committee opinions that allowed accurate statements about a candidate's prior party role. It concluded that a judicial candidate may truthfully tell voters about a party endorsement when the statement is not misleading. The party had endorsed the candidate in question, so the Committee found that her advertisement violated neither Mississippi Code Annotated sections 23-15-973 and 23-15-976 nor the Code of Judicial Conduct.
The opinion also discusses federal decisions on political affiliation in judicial elections. It notes that the Code does not directly address whether or how a candidate may use a party endorsement in campaign materials.
In practice
For the advertisement addressed, the Committee's conclusion depended on the endorsement being real and the candidate's statement being truthful and not misleading.
Common questions
Q: Did the Committee find that mentioning the party endorsement violated Mississippi's nonpartisan election statutes?
A: No. It found no violation of sections 23-15-973 or 23-15-976 because the statement truthfully described the endorsement and was not misleading.
Q: Did the Committee say the Code expressly regulates use of party endorsements in campaign materials?
A: No. It said the Code does not directly address whether or how a candidate may use such an endorsement in campaign materials.
Q: Was the endorsement actually given in this case?
A: The opinion states that the Mississippi Republican Party had endorsed the candidate.
Background and rules framework
The Committee interpreted Mississippi Code Annotated sections 23-15-973 and 23-15-976 alongside the Code of Judicial Conduct. It cited former Special Committee Opinions 2018-10 and 2018-27 and federal decisions addressing judicial candidates' political affiliation.
Citations and references
Mississippi Code of Judicial Conduct: Canon 5; Canon 5F(8) (committee response timing).
Statutes: Mississippi Code Annotated §§ 23-15-973 and 23-15-976.
Cases: Carey v. Wolnitzek, 614 F.3d 189 (6th Cir. 2010), party affiliation restriction; Winter v. Wolnitzek, 834 F.3d 681 (6th Cir. 2016), party affiliation restriction; Siefert v. Alexander, 608 F.3d 974 (7th Cir. 2010), party affiliation restriction.
Other opinions cited: Former Special Committee Opinions 2018-10 and 2018-27.
See also
- MS Judicial Opinion 2022-03: Political Dinner Advertisement
- MS Judicial Opinion 2022-07: Special Master Title
Source
- Landing page: Judicial Election Oversight Committee opinions
- Original PDF: Public Opinion No. 2024-01
- Archived official PDF: reviewable capture
Original opinion text
Full opinion text unavailable from the official source; see the linked source above for the complete text.
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