Mississippi Advisory Opinions August 10, 1994: AGO 94-0493 (August 10, 1994)

Advisory Opinion Text

David S. Crawford, Esquire

Attorney for Wilkinson County Board of Supervisors

Post Office Box 1017

Woodville, Mississippi 39669

RE: LIMITATION OF WORK DAYS FOR ELECTION COMMISSIONERS

Dear Mr. Crawford:

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

“The Wilkinson County Board of Supervisors and the Wilkinson County Election Commissioners have requested that I obtain an answer to the following question: The Wilkinson County Election Commissioners, because of the revision of the poll books and voter registration books, have for all practical purposes, used all or almost all of the 35 days in performing their duties as election commissioners that is allowed per year. In order that the election commissioners may complete the revision of the poll books and voter registration books, and conduct other activities related to the upcoming elections in Wilkinson County, the Board of Supervisors needs to know if there is any legal authority for increasing the number of annual per diem days for county election commissioners.

Since it was our thought that elections were basically overseen by the office of Secretary of State of the State of Mississippi, this same question was submitted to the Secretary of State on June 8, 1994, and a copy of their response of June 24, 1994 is enclosed for your reference.”

The number of days that election commissioners are allowed to be compensated for their work in revising the registration books and pollbooks annually is set by Mississippi Code Annotated § 23-15-153(2) (Revised 1990). We know of no authority for increasing the statutory number of days authorized by said statute.

The commissioners are, of course, entitled to compensation for a certain number of days actually employed in the performance of their duties in the conduct of an election. See Section 23-15-153(4) .

Sincerely,

Mike Moore, Attorney General.

Phil Carter, Assistant Attorney General.