Mississippi Advisory Opinions October 19, 1988: 19881019 (October 19, 1988)

Advisory Opinion Text

Representative Roy A. Dabbs

Route 1, Box 371

Clarksdale Community

Meridian, MS 39301

Dear Representative Dabbs:

Attorney General Mike Moore has received your letter requesting an opinion from this office and has assigned it to me for research and reply.

Your letter states as follows:

I would respectfully request an opinion on the following:

How many days in advance would an election commissioner need to resign from office prior to announcing to run for another elected office?

The way I understand the law as of now is that an election commissioner cannot seek another elected office while they are presently in office.

Please let me hear from you as soon as possible.

In 1987, the Supreme Court of the State of Mississippi decided the case of Meeks v. Tallahatchie County, 513 So.2d 563 (Miss.1987) . In interpreting the provisions of Section 23-15-217, Miss.Code Ann. (Supp.1987), the court rejected the argument that an election commissioner could seek other office if he resigned prior to taking any action in reference to the election in which he seeks to be a candidate. The court held in Meeks, supra, that an election commissioner is disqualified from seeking any office—other than that of election commissioner—during the four (4) year term for which he was elected.

Accordingly, it is the opinion of the office that although the election commissioner may resign from his position of election commissioner, he may not seek another elective office during the term for which he was elected.

Sincerely,

Mike Moore Attorney General.