OCEAN SPRINGS, MS – Candidates running for office in Ocean Springs have been told they must submit to background checks ahead of the upcoming Republican primary election. But there’s a problem: Mississippi law says city officials have no authority to enforce such a mandate.
Last week, challenging candidates for Alderman received an email from Deputy City Clerk Vicky Hupe with explicit instructions. “Please complete the attached release form to facilitate the background check required for your qualification status,” the email read.
The attached form required candidates to provide personal information, including social security numbers and work histories. It also included a waiver under the Privacy Act of 1974: “I understand my rights under the Privacy Act of 1974, with regard to access and disclosure of records, and I waive these rights with the understanding that information furnished will be used by the City of Ocean Springs for the Elected Official Qualification process.”
When asked about the requirement, City Clerk Patty Gaston defended the process. “Background checks are done by Police Dept to validate candidates,” she wrote in an email to GC Wire. “Just validating they can run.”
Gaston also shared screenshots of a Mississippi Attorney General opinion, but the guidance she cited does not grant her office — or the police department — the authority to mandate background checks for primary elections. In fact, the opinion is clear: For primary elections, the factual determination of whether a candidate for municipal office is qualified lies with the political party’s executive committee—not the City Clerk, and certainly not the local police department.
This means the Democrat or Republican Parties have the option to run background checks on candidates ahead of their respective primary elections, not city officials.
Mississippi Law is Clear on Primary Elections
The opinion provided by Gaston references Mississippi Code § 23-15-309, which explicitly places the responsibility for determining a candidate’s qualifications during a primary election on the political party’s executive committee. The statute states: “The appropriate executive committee shall have the power and authority to determine whether each candidate meets the qualifications to hold the office he is seeking or presents an issue to the electorate.”
Nowhere in this statute — or in Attorney General Lynn Fitch’s opinion interpreting it — is there any mention of city clerks or local police departments having a role in the process. For primary elections, the law is unambiguous: it is up to the political party to ensure its candidates meet the qualifications, not municipal employees or law enforcement.
Fitch’s opinion reinforces this legal framework, leaving no room for interpretation. By requiring background checks for Republican candidates ahead of the primary, Ocean Springs officials have overstepped their authority, creating an unnecessary and unauthorized barrier to the electoral process.
As of publication, the official Ocean Springs website does not mention the mandatory background checks.
Will Ocean Springs course-correct and respect the legal boundaries set by state law, or will candidates continue to face unnecessary obstacles to the ballot?
The Republican Primary Election is scheduled to be held on April 1, 2025. There are currently no Democrat candidates that would require a Democrat Primary.
UPDATE: City Clerk Blows Top While State Officials Condemn Actions of Ocean Springs
