Mississippi Advisory Opinions February 25, 2005: AGO 2005-0069 (February 25, 2005)

Advisory Opinion Text

Ms. Ivonne Jeannette Whitehead

Alderwoman, Town of Ecru

Post Office Box 504

Ecru, Mississippi 38841

Re: Gifts To Citizens From Public Official / Candidate

Dear Ms. Whitehead:

Attorney General Jim Hood has received your letter of request and assigned it to me for research and reply. A copy of your letter is attached for reference.

In summary you state that prior to the time you first sought public office you baked pies and cakes for friends, senior, the sick and for children's birthdays. You further stated that you also gave Christmas gifts to friends and the elderly and that each of those gifts cost less that ten dollars ($10.00).

You state that after being elected to the Ecru Board of Aldermen in 2002 you continued to bake pies and cakes for people and giving gifts as you had previously done. You also state that you donate your municipal paycheck (after deductions) back to the Town of Ecru.

You are now running for Mayor of Ecru and one of your fellow board members has asserted that you are using pies, cakes, gifts and taxpayers money to influence voters.

You present two questions which we will restate and respond to individually.

QUESTION 1: Is it legal that I continue to bake pies and cakes for friends, seniors, the sick, and children's birthdays of my town while running for the office of Mayor? I have never and would never say or ask “A PIE FOR A VOTE”.

RESPONSE: Mississippi Code Annotated Section 23-15-889 (Revised 2001) makes it a crime for any person “to offer money or anything of substantial value to anyone for his vote”. Since no one is being asked to vote for you in exchange for a pie, cake or gift, we find nothing that would prohibit you from continuing to bake pies and cakes for friends, seniors, the sick and children's birthdays while running for the office of mayor.

QUESTION 2: Is it legal that I publicly state to citizens that I will donate my salary as mayor back to the town, after all required deductions are taken out, if elected mayor, as I now do as Alderwoman?

RESPONSE: Yes.

Sincerely,

Jim Hood, Attorney General

Phil Carter, Special Assistant Attorney General