Mississippi Advisory Opinions July 15, 1982: 19820715 (July 15, 1982)

Advisory Opinion Text

Mr. James Porter Dean

Attorney

Alcorn County Election Commission

Post Office Drawer B

Corinth, Mississippi 38834

Dear Mr. Dean:

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

“As Attorney for the Alcorn County Election Commission, the Election Commission was authorized by the Alcorn County Board of Supervisors to send your office a letter a couple of months ago asking your opinion on whether or not the Alcorn County Board of Supervisors can appoint an Attorney and pay him from their general funds. His service is to be specifically, among other things, day to day legal business for the Commission.

“As I understand, the Board of Supervisors are authorized to appoint Attorneys and pay them from their general funds.”

Section 23-5-179, Mississippi Code of 1972, states in pertinent part:

“The boards of supervisors of the several counties are authorized to allow compensation of the officers rendering services in matters of registration and elections, to provide ballot boxes, registration and pollbooks, and all other things required by law in registration and elections...”

This appears to be the extent of the Board's authority to compensate in elections and does not appear to be broad enough to authorize retention and payment of legal counsel for day-to-day legal services for the Election Commission.

Neither does Section 19-3-47, ibid , a copy of which is attached, appear so broad.

Yours very truly,

Bill Allain, Attorney General.