Mississippi Advisory Opinions September 28, 1983: 19830928 (September 28, 1983)

Advisory Opinion Text

Mr. Shelby Pinkerton

Vice Chairman

Humphreys County Election Commission

Belzoni, Mississippi 39038

Dear Mr. Pinkerton:

Attorney General Bill Allain has received your opinion request dated September 20, 1983, and has assigned it to me for research and reply, your letter of request stating:

“I am writing you as the Vice Chairman of the Humphreys County Election Commission relative to a request that has come up recently in Humphreys County.

“A member of the Election Commission here in the county resigned his position on September 8, 1983, by a letter to the Board of Supervisors, and the next day, September 9, 1983, qualified to run for Circuit Clerk in the general election in November. This particular election commissioner that performed his duties prior to his resignation had worked on purging the books as recently as June 24, 1983.

“It has come to our attention that Section 23-5-95 of the Mississippi Code of 1972 states in part 'A commissioner of an 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.' Does this mean that he should not be placed on the ballot? The said section goes on to state '...all votes cast for any such person at such election shall be illegal and shall not be counted...' We want to know what would be the procedure for contesting the election of this person, and what is the proper procedure for us to follow. It is our feeling that this person should not be able to take office if elected Circuit Clerk, but we would like some guidance from your office as to the proper procedure.”

Responsive to your inquiry are this office's opinions to Election Commissioner Herbert S. Moore dated February 13, 1979, and to Election Commissioner Sam Jesse Horton dated January 23, 1979, copies of which are attached.

Your Election Commissioner about whom you ask, having “acted as such” Commissioner in all phases and having been a member of the Board of Election Commissioners which so acted up to September 8, 1983, is under the enclosed opinions ineligible to qualify as a candidate in the 1983 general election.

Yours very truly,

Bill Allain, Attorney General.