Mississippi Advisory Opinions November 04, 1985: 19851104 (November 04, 1985)

Advisory Opinion Text

Ms. Linda Courtney Polk

Election Commissioner

Jefferson Davis County

Post Office Box 1082

Prentiss, Mississippi 39474

Dear Ms. Polk:

Attorney General Edwin Lloyd Pittman received your request for an official opinion and assigned it to me for research and reply.

Your request states:

“Should a Deputy Registrar also serve as a poll worker on election day, during a re-registration?”

During telephone conversation, you explained that the Deputy Registrar will be present at each precinct for purposes of registering voters in which case we are of the opinion that the registrars should not also serve as poll workers.

In regard to your second request, you informed me by telephone conversation that you no longer desired an opinion on your second request.

Your third request states:

“Does Statute 25-3-69 of Miss. Code 1972, Annotated cover Election Commissioners expenses when they are occupied with the discharge of official duties, other than purging poll and registration books and conducting elections?”

To begin with, Section 25-3-69 does not control; Section 23-5-183 prescribes payment for election commissioners. Section 25-3-69 allows a $40.00 per diem “unless otherwise provided by law.” Section 23-5-183 provides otherwise for election commissioners.

Nevertheless, the Office of the Attorney General is of the opinion that Election Commissioners may be reimbursed for travel expenses when they are occupied with the discharge of official duties other than purging poll and registration books and conducting elections.

Section 25-3-41 says:

“When any officer or employee...of any county...shall be required to travel in the peformance of his duties, such officer or employee shall receive... twenty cents ($.20) per mile...when such travel is done by...private motor vehicle not owned by the state or a department, agency or institution thereof. ...In addition to the foregoing, such officer or employee shall be reimbursed for other such actual expenses such as meals, lodging and other necessary expenses incurred in the course of such travel.”

Furthermore, § 25-3-41 must be reconciled with § 25-5-183, which says:

“...the manager or other person who shall carry to the place of voting, away from the courthouse, the official ballots, ballot boxes, poll books, and other necessities, shall be allowed seven dollars and fifty cents ($7.50) for each precinct for so doing; and the manager or other person who acts as returning officer shall be allowed seven dollars and fifty cents ($7.50) for each precinct for that service, all to be allowed by the board of supervisors, payable out of the county treasury.”

We make the inference that § 23-5-183 applies to the specific travel described; § 25-3-41 applies to other expenses that may arise in the course of their duties. Except for the specific trip described in § 23-5-183, neither statute contemplates travel to and from the poll site and home; neither statute contemplates meals at the poll site. To recover § 25-3-41 expenses, they should receive prior approval from the Board of Supervisors. (See attached opinion to Mrs. Sue Sautermeister dated July 23, 1985.) If we may be of further assistance to you, please let us know.

Yours very truly,

Edwin Lloyd Pittman, Attorney General