Mississippi Advisory Opinions March 25, 1983: 19830325 (March 25, 1983)

Advisory Opinion Text

Elections - Commissioners

Mr. O. E. Breazeale

Chairman

Stone County Election Commission

Post Office Box 638

Wiggins, Mississippi 39577

Dear Mr. Breazeale:

Attorney General Allain has received your letter of request and has assigned it to me for research and reply.

Your letter states:

“Chairman of the election commission, I am requesting your opinion as to the eligibility of a candidate holding an elected office while seeking another elected office.”

In response to your inquiry, generally an elected official may continue to serve in his present capacity while seeking another elective office.

However, please see the enclosed copy of an opinion addressed to Honorable Hubert S. Moore, dated February 13, 1979.

In summary, that opinion states that in order for an election commissioner to be qualified to be a candidate for an elective office other than election commissioner he must resign from such office prior to the Tuesday after the third Monday in March, which is the date set forth in Mississippi Code Annotated § 23-5-81 on which the commissioners of election must meet to revise the registration books and poll books.

The Tuesday after the third Monday in March, 1983, is Tuesday, March 22, 1983. Therefore, an election commissioner would have had to have resigned prior to March 22, 1983, in order to seek another elective office in the year 1983.

Very truly yours,

Bill Allain, Attorney General