Mississippi Advisory Opinions April 02, 1979: 19790402 (April 02, 1979)

Advisory Opinion Text

Mrs. Ruth Dixon

Circuit Clerk of Amite County

Post Office Box 312

Liberty, Mississippi 39645

Dear Mrs. Dixon:

Attorney General Summer has received your letter of request dated March 30, 1979, and has assigned it to me for research and reply.

You submit the following, to-wit:

‘Section 23–5–3, was amended by House Bill No. 324, to read as follows:

‘The qualified electors of each supervisors district shall elect, at the general election in 1979 and each general election thereafter, in their district one (1) commissioner of election.

‘According to the old statute, the election commissioners were elected at the general election in 1968, and every four (4) years thereafter.

‘Please advise me when the commissioners of election shall qualify and run for office? In 1979 or 1980?

‘Section 23–5–95, provides that:

‘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.

‘One of the present election commissioners is contemplating running for Supervisor and one for State Representative. Please advise me if they can run for office and not resign as election commissioner until after the primary elections?’

We enclose herewith a copy of an opinion by Honorable Richard M. Allen to Mr. Jimmy Fulce dated March 15, 1979, which is, by reference, incorporated herein, which responds to your first question.

We enclose herewith copies of opinions by Honorable W. D. Coleman to Honorable Sam Jesse Horton dated January 23, 1979, and to Honorable Hubert S. Moore dated February 13, 1979, each of which, is by reference, incorporated herein, which responds to your second question.

Very truly yours,

A. F. Summer, Attorney General.

P. L. Douglas First Assistant Attorney General.

ATTACHMENT

March 15, 1979

Mr. Jimmy Fulce

Circuit Clerk

Choctaw County Courthouse

Post Office Box 34

Ackerman, Mississippi 39735

Dear Mr. Fulce:

Attorney General Summer has received your opinion request dated March 12, 1979 and has assigned it to me for research and reply, your letter stating:

‘I am confused with the first and second paragraph of this section. Would you please give me your opinion on what year the Election Commissioners are elected?’

Section 23–5–3, Mississippi Code of 1972, as it appears in the statute as amended states:

1) In the first paragraph, ‘at the general election in 1968 and every four (4) years thereafter, there shall be elected five (5) commissioners of election . . .’ and

2) In the second paragraph ‘the qualified electors of each supervisors district shall elect, at the general election in 1979 and in each general election thereafter, in their district one (1) commissioner of election. . . .’

The next election of election commissioners would under the first paragraph be in the general election of 1980, under the second the general election of this year, 1979.

In this respect these two paragraphs are in hopeless, irreconcilable conflict, in which event the intent of the Legislature as revealed by the Act itself (Chapter 431, Laws of 1978) must be examined, the title of which Act reads as follows:

‘An act to amend section 23–5–3, Mississippi Code of 1972 to change the qualifying deadline for candidates for commissioners of election from forty days to sixty days prior to the election; to require election of commissioners of election by the qualified electors of the supervisors district in which such commissioners reside.’

This states the legislative purpose to be limited to the title and, additionally, in comparing the present statute with its immediate predecessor, the intention of the Legislature obviously is to amend the law only from ‘each member thereof shall be elected from the county at large’ to ‘each such commissioner be elected from the supervisors's district in which he resides' and to amend the petition requirement correspondingly from atlarge to district and from forty days to sixty days.

Therefore, the conflict is resolved under the rules of statutory construction in favor of the first paragraph where it is in conflict with the second paragraph of § 27–5–3.

Incidentally, this bill has been approved by the United States Department of Justice under § 5 of the Voting Rights Act.

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.