Mississippi Advisory Opinions February 12, 1999: AGO 99-0040 (February 12, 1999)

Advisory Opinion Text

Hon. Billie Pruett

Chairman, Monroe County Election Commission

Post Office Box 843

Aberdeen, Mississippi 39730

Re: Mileage for Election Commissioners

Dear Mr. Pruett:

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

I am the chairman of the Monroe County Election Commission. Discussion has been had among the commissioners as to whether commissioners may be paid mileage in addition to the per diem allowed for the purging process and/or poll book revision.

In carrying out the purging process and/or poll book revision I acquire from the Circuit Clerk's office a list of all qualified electors in my district. This list is divided by roads with each qualified elector residing on each road listed. I take this list and actually travel down these roads in an effort to locate electors in question. My question of you is: ‘May we, as election commissioners, be paid mileage for any mileage traveled by us in our personal vehicles that is necessary to carry out our purging and/or poll book revision requirements?’ Please issue an opinion as to whether this is permissible by law.

Section 23-15-153, Miss. Code Ann. (Supp. 1998) provides that election commissioners shall receive $70.00 per day to be paid from the county general fund, subject to certain limitations, for every day or period of not less than five hours accumulated over the course of over two or more days for the performance of their duties in the revision of the registration books and pollbooks and the conduct of the election. There are no provisions for the payment of mileage in addition to the per diem authorized by that section.

In a prior opinion this Office stated that election commissioners could be reimbursed for travel expenses when they performed official duties other than purging registration books and conducting elections with the prior approval of the board of supervisors. MS AG Op., Polk (November 4, 1985), attached.

If this office can be of any further assistance, please let us know.

Very truly yours,

Mike Moore, Attorney General