Mississippi Advisory Opinions March 02, 1979: 19790302 (March 02, 1979)

Advisory Opinion Text

Mr. D. Rex Brown

Circuit Clerk

Jasper County Courthouse

Post Office Box 293

Bay Springs, Mississippi 39422

Dear Mr. Brown:

Attorney General Summer has received your opinion request dated February 27, 1979 and assigned it to me for research and reply, your letter stating:

‘We have a lady that is qualified for Justice Court Judge. Since qualifying, she has been hired by the County Health Nurse and is being paid by the county and state. We would like to know if she is eligible to run for Justice Court Judge during the time she is being paid by the county and state and working as a County Health Nurse.’

There is no state prohibition against her being a candidate for county public office so long as such does not interfere with the prompt and efficient discharge of her duties as a County Health Department Nurse.

However, under an informal memorandum on the federal Hatch Act prepared by the U.S. Civil Service Commission and a print copy of which is attached, it appears that ‘if their principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or a Federal Agency’ there is a federal Hatch Act prohibition against their being ‘a candidate for public elective office in a partisan election’.

The particular program she is hired under would have to be examined in light of the enclosure and the federal authority indicated on the enclosure contacted by her or your office.

Hoping the above will be of some guidance to you and thanking you for giving this office this opportunity to be of assistance, I remain

Yours very truly,

A. F. Summer, Attorney General.

Richard M. Allen, Special Assistant Attorney General.