Mississippi Advisory Opinions July 22, 1992: 19920722 (July 22, 1992)

Advisory Opinion Text

Mr. Harry M. Yoste, Jr.

Harrison County Democratic Executive Committee

1514 19th Avenue

Gulfport, Mississippi 39501

Re: Compensation of Members of Executive Committees

Dear Mr. Yoste:

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

“As the chair of the Harrison County Democratic Executive Committee, I request an Attorney General's opinion on the subject of compensation of members of the executive committee who are involved in carrying out primary elections in the stead of the county election commissioners. I have researched the statutes and have found the following statutes that apply generally to compensation in primary elections:

§ 23–15–153(4)(d)—election commissioner paid $50 per day for up to 45 days for each election in a county having between 50, 000 and 75, 000 qualified electors;

§ 23–15–263(1)—county executive committee at primary elections shall discharge the functions imposed upon the county election commission, except registration;

§ 23–15–263(3)—primary election officers appointed by the executive committee shall have the powers and perform the duties required of such officers in a general election;

§ 23–15–301—managers, clerks, and returning officers of primary elections paid by supervisors in same amount as such officers in general elections.

I have not, however, found any provision for compensation of supervisory positions within the party for the primary. This is particularly critical because the person who conducts this election for this committee literally takes on a full time job for a two month period before and immediately after the election. I am aware of at least one county in which the board of supervisors has contracted out with individuals to conduct the primary for the parties and the board.

Could you please render an opinion for this committee so that it may fulfill its functions under state law in the best and fairest manner possible. The question we need answered is: Are officials or appointees of a county executive committee charged with performing duties in a party primary equivalent to those of a county election commissioner in a general election entitled to compensation on the same basis as the election commissioner? ... on any basis at all? If yes, what are the limitations and restrictions applicable to the county executive committee compensation?”

We preface our opinion by stating that the statutes clearly contemplate that a party executive committee as a whole participate in the preparation for and conduct of its party's primaries as opposed to one or two members doing all the work. See Mississippi Code Annotated §§ 23–15–331 & –333 (Revised 1990).

Section 23–15–301 requires the county boards of supervisors to pay certain expenses in connection with primary elections and is very specific as to what the counties are authorized and required to pay for. It provides in part:

“All the expenses of printing the tickets or primary election ballots, for necessary stationery, and for paying the managers, clerks and returning officer of every primary election authorized by this chapter held in any county shall be paid by the board of supervisors of such county out of the general funds of the county, but such officers of primary elections shall receive only such compensation as is authorized by Section 23–15–227 to be paid managers, clerks and returning officer for like services in holding elections thereunder.....”

In response to your inquiry, we find no authority for a county board of supervisors to compensate individual members of a party executive committee for the work they perform for their party.

For your information, in regard to the expenditure of funds generated by the collection of candidate qualifying fees, Section 23–15–299(5) provides:

“The secretaries of the proper executive committee shall hold said funds to be finally disposed of by order of their respective executive committees. Such funds may be used or disbursed by the executive committee receiving same to pay all necessary traveling or other necessary expenses of the members of the executive committee incurred in discharging their duties as committeemen, and of their secretary and may pay the secretary such salary as may be reasonable.”

Sincerely,

Mike Moore Attorney General.