Mississippi Advisory Opinions August 23, 1995: AGO 95-0574 (August 23, 1995)

Advisory Opinion Text

Mr. Jonathan E. Prince

Adams County Democratic Executive Committee

Post Office Box 681

Natchez, Mississippi 39121

Re: Serving as Alderman and County Election Commissioner

Dear Mr. Prince:

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

“In preparing for the 1996 elections, I would like to question several points of interest:

(1) The municipal elections will be held in May of 1996. I plan to seek the office of alderman. In November, I plan to seek the election commissioner's post in my district. Will there be a conflict of interest serving in these two positions at the same time? I may note, the county election commissioners do not oversee the municipal elections because the municipality has three (3) appointed commissioners of their own.”

In response to your inquiry, we are of the opinion that one may not simultaneously hold the positions municipal alderman and county election commissioner. The reason being that it would be a violation of the doctrine of separation of powers for a municipal alderman who serves in the legislative branch of government to also serve as a county election commissioner which is in the executive branch of government.

There is another potential conflict in that the purging of the county registration books and poll books by the county election commission affects the municipal registration books and poll books because one must be a registered county voter in order to be a registered municipal voter. See Mississippi Code Annotated, Section 23-15-159 (c) . Therefore, when a municipal resident's name is purged from the county records, he is automatically disqualified as a municipal voter. The potential conflict being that you, as a county election commissioner, would be participating in determining who would be voting in an election in which you are a candidate should you seek an elective municipal office.

Sincerely,

Mike Moore, Attorney General.

Phil Carter, Special Assistant Attorney General.