Mississippi Advisory Opinions April 24, 2009: No. 2009-00198 (April 24, 2009)

No. 2009-00198.

Dear Commissioner Seals:

Attorney General Jim Hood received your letter of request and assigned it to me for research and reply.

Issue Presented

You state that the chairman of the Coahoma County Democratic Executive Committee filed qualifying papers as a candidate for the position of City Commissioner, Ward Four, City of Clarksdale in the May Democratic Primary. You ask if it is legal for him to seek the position of City Commissioner while simultaneously holding the position of Chairman of the Coahoma County Democratic Executive Committee.

Response

Yes.

Applicable Law and Discussion

We find no prohibition against a member of an executive committee being a candidate for elective office.

Mississippi Code Annotated Section 23-15-263 (Revised 2007) does automatically, by operation of law, remove a member of a county executive committee from that position upon his qualification as a candidate for any elective office. However, that provision "shall not apply to a member of a county executive committee who qualifies as a candidate for a municipal elective office." See MS AG Op., Walker (August 15, 1990).

Conclusion

One may be the chairman of a county party executive committee and, simultaneously, be a candidate for municipal elective office.

Sincerely,

JIM HOOD, ATTORNEY GENERAL

By: Phil Carter

Special Assistant Attorney General