Mississippi Advisory Opinions March 14, 2008: No. 2008-00090 (March 14, 2008)

Mississippi Attorney General Opinions

2008.

No. 2008-00090.

DOCK: 2008-00090

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Dear Mr. Robinson:

Attorney General Jim Hood has received your request for an official opinion and has assigned it to me for research and reply.

Issue Presented

You ask whether counties may reimburse chairpersons of the political party executive committees for attending elections training seminars pursuant to Miss. Code Section 23-15-211(3).

Response

We are of the opinion that Miss. Code Section 23-15-211 provides no authority for counties to reimburse chairpersons of each political party, or their designee, for attending elections training seminars. Chairpersons of party executive committees, or their designee, may seek reimbursement from the executive committee of their respective political party, pursuant to Miss. Code Section 23-15-299(6), for attending said training.

Applicable Law and Discussion

Miss. Code Section 23-15-211, which provides for elections certification training, states in part:

2) The board of supervisors of each county shall pay members of the county election commission for attending training events a per diem in the amount provided in Section 23-15-153; however, except as otherwise provided in this section, the per diem shall not be paid to an election commissioner for more than twelve (12) days of training per year and shall only be paid to election commissioners who actually attend and complete a training event and obtain a training certificate.

(3) Included in this twelve (12) days shall be an elections seminar, conducted and sponsored by the Secretary of State. Election commissioners and chairpersons of each political party executive committee, or their designee, shall be required to attend.

The statutory construction principal of inclusio unius est exclusio alterius , as expressed in Akers v. Johnson's Estate , 236 So.2d 437 (Miss. 1970), inter alia, states that "where a statute enumerates and specifies the subjects or things upon which it is to operate, it is to be construed as excluding from its effect all those not expressly mentioned..." As a result, it is the opinion of this office that, pursuant to Miss. Code Section 23-15-211, counties have no authority to reimburse chairpersons of each political party executive committee for attending required elections certification training. While it is commendable that Clay County is amenable to providing reimbursement, Section 23-15-211 does not authorize it.

Since Section 23-15-211 requires the attendance of chairpersons of each political party executive committee, or their designee, other statutory authority should be considered for reimbursement. Miss. Code Section 23-15-299(6) provides the timeline for payment and disbursement of qualifying fees. Specifically, paragraph 6 of Section 23-15-299 states:

(6) The secretaries of the proper executive committee shall hold said funds to be finally disposed of by order of their respective executive committees. Such funds may be used or disbursed by the executive committee receiving same to pay all necessary traveling or other necessary expenses of the members of the executive committee incurred in discharging their duties as committeemen , and of their secretary and may pay the secretary such salary as may be reasonable.

(Emphasis added.)

We are of the opinion that attendance at required elections certification training is a duty of the chairpersons of each political party executive committee. Furthermore, it follows that chairpersons of each political party executive committee, or their designee, are authorized to receive reimbursement from the executive committee of their respective political party for attending the required elections certification training pursuant to Section 23-15-299(6).

We have previously opined that the chairperson of a municipal democratic executive committee or his designee who attended a training session conducted by the Secretary of State's Office pursuant to Section 23-15-211 could be reimbursed from the qualifying fees collected under Section 23-15-299. (See MS AG Op., McRaney (July 12, 1989)).

While Section 23-15-299(6) does not authorize boards of supervisors of each county to reimburse the chairpersons of each political party executive committee for attending required elections certification training, we are of the opinion that the said section does authorize the executive committee of each political party to do so.

Conclusion

Accordingly, it is the opinion of this office that, pursuant to Miss. Code 23-15-211, the Clay County Board of Supervisors has no authority to reimburse chairpersons of each political party executive committee for attending elections certification training. Chairpersons of party executive committees, or their designee, may seek reimbursement from the executive committee of their respective political party, pursuant to Miss. Code Section 23-15-299(6), for attending said training.

Please feel free to contact our office if we may be of further assistance.

Very truly yours,

JIM HOOD, ATTORNEY GENERAL

By: Margarette L. Meeks

Special Assistant Attorney General