Mississippi Advisory Opinions January 23, 1979: 19790123 (January 23, 1979)

Advisory Opinion Text

Honorable Sam Jesse Horton

Chairman

Holmes County Board of Election Commissioners

Post Office Box 98

Tchula, Mississippi 39169

Dear Mr. Horton:

Attorney General Summer has received your request for opinion and has referred it to the undersigned for research and reply.

You present the following question for opinion:

‘If a commissioner worked in the January 13, 1979 Election is he or she permitted to run for any other county office in the November General Election for 1979.’

Section 23–5–95, Mississippi Code of 1972, Annotated, appears to be the only statute that contains any provision regarding the question you present.

The pertinent part of the statute is here quoted:

‘A commissioner of election of any county shall not be a candidate for any office at any election for which he may have been elected or with reference to which he has acted as such; . . . except that he may be a candidate for the office of county election commissioner.’

Since the special election, to which you refer, was held on January 13, 1979, is separate, distinct and forms no part of the November General Election for 1979, it is the opinion of this office that an election commissioner who has acted as such commissioner in regard to the election held in your county on January 13, 1979, would be permitted, if otherwise qualified, to be a candidate ‘. . . for any other county office in the November General Election for 1979.’

However, for an election commissioner to be eligible, if otherwise qualified, to be a candidate in the November General Election for 1979, such commissioner would be required to resign before acting or officiating in any way regarding the 1979 Primary Elections or General Election in November.

Very truly yours,

A. F. Summer, Attorney General

W. D. Coleman, Deputy Attorney General

ATTACHMENT

February 13, 1979

Honorable Hubert S. Moore

Route No. 3—Box No. 235

Carthage, Mississippi 39051

Dear Mr. Moore:

Attorney General Summer has received your request for opinion and has referred it to the undersigned for research and reply.

You advise that you are an Election Commissioner of Leake County, Mississippi, and that you are considering running for the office of Circuit Clerk.

You request an opinion on the question of whether you would be required to resign as Commissioner in order to be a candidate for Circuit Clerk and when such resignation would be required.

Section 23–5–95, Mississippi Code of 1972, Annotated, provides, among other things, the following:

‘A commissioner of election of any county shall not be a candidate for any office at any election for which he may have been elected or with reference to which he has acted as such; and all votes cast for any such person at such election shall be illegal and shall not be counted, except that he may be a candidate for the office of county election commissioner.’

From a review of the applicable statutes setting forth the official actions of the County Board of Election Commissioners regarding elections this year, it appears that Section 23–5–81, Mississippi Code of 1972, Annotated and Amended, provides for the first official action to be taken regarding the elections this year. This statute provides, among other things, that'

‘On the Tuesday after the third Monday in March 1939 A. D. and every year thereafter, the commissioners of election shall meet at the office of the registrar and carefully revise the registration books and poll books of the several election districts . . .’

Therefore, it is the opinion of this office that an election commissioner would not be disqualified from being a candidate for an office other than election commissioner in either the primary election or general election this year under the provisions of Section 23–5–95, supra, provided such commissioner resigns from the office of election commissioner before the Tuesday after the third Monday in March 1979 or before March 20, 1979.

Trusting this is the information you desire, I am

Very truly yours,

A. F. Summer, Attorney General

W. D. Coleman Deputy Attorney General