Mississippi Advisory Opinions July 18, 2003: AGO 2003-0336 (July 18, 2003)

Advisory Opinion Text

Willie Griffin, Esquire

Attorney for Washington County Board of Supervisors

Post Office Box 189

Greenville, Mississippi 38702-0189

Re: Campaigning on County Property

Dear Mr. Griffin:

Attorney General Mike Moore has received your letter of request and assigned it to me for research and reply. Your letter states:

A controversy is brewing in Washington County over the use of County property and facilities to campaign by elected officials and other candidates. In an opinion # 98-0428 your office stated the following:

“Any employee running for public office… may not use any public funds, property or facilities to assist in the conduct of his campaign.”

While Washington County does not have a policy in place, I have interpreted this opinion to prohibit officials and other candidates from parking vehicles containing campaign signs, billboards and other campaign material on County property, especially the courthouse, for the purpose of influencing voters.

The second problem pertains to officials and candidates engaging in the aforementioned campaign activities at the courthouse within 45 days of an election while voters are casting absentee ballots. Does the Circuit Clerk's office become a polling place within the meaning of the election laws at that point?

Please provide an expedited opinion regarding the following:

1. Campaigning generally on public property, using the type of materials described above; and

2. Campaigning at the Courthouse within 45 days of any election where persons are casting absentee ballots.

In our opinion addressed to Honorable Jay Gore, III, dated August 31, 1983 we said:

(W)e find nothing in Mississippi Code Annotated Section 23-3-29 (1972) [now Section 23-15-871] which prohibits an incumbent from handing out campaign cards while in his office in the county courthouse. Furthermore, we know of no other statute which prohibits same.

The opinion referred to in your letter was addressed to Sheriff Fred Johnson, and dated July 31, 1998.

In reading the two opinions together, and in response to your first question, while we find nothing that would prohibit an incumbent public official from handing out campaign cards to voters who come into the courthouse, (except as discussed in our response to your second question below), provided it does not interfere with the conduct of business, we also are of the opinion that one may not, as a general proposition, use a county office to carry out campaign activities that would in any way interfere with the conduct of county business.

In response to your second question Section 23-15-895 provides in part:

It shall be unlawful for any candidate for an elective office, or any representative of such candidate, or for any proponent or opponent of any constitutional amendment, local issue or other measure printed on the ballot to post or distribute cards, posters or other campaign literature within one hundred fifty (150) feet of any entrance of the building wherein any election is being held.

Section 23-15-715 provides in part:

Any elector desiring an absentee ballot as provided in this subarticle may secure same if:

(a) Not more than forty-five (45) days nor later than 12:00 noon on the Saturday immediately preceding elections held on Tuesday, the Thursday immediately preceding elections held on Saturday, or the second day immediately preceding the date of elections held on other days, he shall appear in person before the registrar of the county in which he resides,…. and, when the elector so appears, he shall execute and file an application as provided in Section 23-15-627 and vote by absentee ballot,…..

Section 23-15-895 prohibits candidates or their representatives from distributing or posting campaign literature within 150 feet of any entrance to a building wherein an election is being held. The obvious intent of that statute is to allow voters presenting themselves to vote to do so without being subjected to competing candidates or their representatives handing out campaign literature.

We are of the opinion that voters who are entitled to vote by absentee ballot during the forty-five (45) day period prior to an election by appearing at the county registrar's office, generally in the courthouse, are entitled to the same protection from such activities as those voters who go to their regular polling places on election day. Therefore, to the extent that campaigning involves the posting or distribution of campaign literature inside the courthouse (or other building wherein the registrar's office is located) and within 150 feet of any entrance thereto during the 45 day absentee balloting period, it is our opinion that Section 23-15-895 prohibits same.

Sincerely,

Mike Moore Attorney General

Phil Carter Special Assistant Attorney General