Mississippi Advisory Opinions October 06, 1983: 19831006 (October 06, 1983)

Advisory Opinion Text

Honorable Jeff Russell

Winston County Election Commission

Route 1

Box 318

Noxapater, Mississippi 39346

Re: Elections - Commission

Dear Mr. Russell:

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

Your letter states:

“As chairman of the Winston County Election Commission, we would like a clarification as to the number of days per year and the exact dates that the election commissioners are allowed to work and to be reimbursed. We have reviewed the statutes and found them to be in conflict with each other, and we would like clarification and guidance from your office.

“There are slightly over 14, 000 registered voters in this county.”

Mississippi Code Annotated § 23-5-79 (Supp. 1983) provides in part:

“(1) On the first Monday of September preceding a general election and ten (10) days before any other, the commissioners of election shall meet at the office of the registrar and carefully revise the registration books and the pollbooks of the several election districts, and shall erase thereform the names of all persons erroneously thereon, or who have died, removed or become disqualified as electors from any cause; and shall register the names of all persons who have duly applied to be registered and have been illegally denied registration.

“In counties having ten thousand (10, 000) qualified electors but less than twenty thousand (20, 000) qualified electors, the commissioners of election shall be entitled to receive a per diem as provided in Section 25-3-69, not to exceed fifteen (15) days, to be paid from the general fund of the county.”

Section 23-5-80 provides in part:

“On the third Tuesday in May before the first primary election for congressmen in the years when congressmen are elected, and on the third Monday of July prior to any other regular election, and five (5) days before any other election, the commissioners of election shall meet at the office of the registrar and carefully revise the registration books and the poll books of the several election districts, and shall erase therefrom the names of all persons erroneously thereon, or who have died, removed or become disqualified as electors for any cause; and shall register the names of all persons who have duly applied to be registered, and have been illegally denied registration; and no name shall be permitted to remain on the poll books except such as are duly qualified to vote in the regular election. No person shall vote at such primary whose name is not on the pollbook. At the meeting held under this section, the commissioners shall exercise all the functions authorized under the chapter on registration and elections and at the September meeting shall only attend to what has since occurred in the way of disqualification or death of electors, or what was before overlooked.

“In counties having ten thousand (10, 000) qualified electors but less than twenty thousand (20, 000) qualified electors, the commissioners of election shall be entitled to receive a per diem as provided in section 25-3-69, not to exceed fifteen (15) days, to be paid from the general fund of the county.”

Section 23-5-81 provides in part:

“On the Tuesday after the third Monday in March, 1939 A.D., and every year thereafter, the commissioners of election shall meet at the office “of the registrar and carefully revise the registration books and poll books of the several election districts and shall erase therefrom the names of all persons erroneously thereon, or who have died, removed or become disqualified as electors for any cause; and shall register the names of all persons who have duly applied to be registered and have been illegally denied registration; and no name shall be permitted to remain on the poll books except such as are duly qualified electors.”

Section 23-5-183 provides in part:

“The commissioners of election shall be entitled to forty dollars ($40.00) for every day actually employed in the performance of their duties, not to exceed fifteen (15) days for one (1) election; provided, however, that in counties having more than ten thousand (10, 000) but less than twenty-five thousand (25, 000) qualified electors the commissioners shall receive forty dollars ($40.00) per day for not to exceed twenty-five (25) days . . . .”

Sections 23-5-79 and -80 specify certain dates on which election commissioners are to meet and revise the registration books and poll books prior to certain specified elections. Said Code sections also specify the maximum number of days the commissioners may be paid for making the required revisions prior to the particular election.

Therefore, the maximum number of days commissioners of election of a county with slightly over 14, 000 qualified electors may be paid for revising the registration books and poll books prior to the elections specified in Sections 23-5-79 and -80 is fifteen (15).

Section 23-5-79 also contains a general provision which requires election commissioners to meet ten (10) days before “any other” election to revise the books.

Similarly, Section 23-5-80 contains a general provision which requires election commissioners to meet five (5) days before “any other” election to revise the books.

The conflict between Sections 23-5-79 and -80 concerning the number of days prior to “any other” election such as a special election that the commissions must meet to revise the books appears to be irreconcilable because: (1) they address the same subject matter; and (2) both Code sections were derived from Chapter 423, Laws of 1983, thereby giving them the same effective date and same approval date.

However, it is the opinion of this office that the above conflicting provisions are an attempt to set the minimum number of days prior to any election not specifically provided for in Sections 23-5-79 and -80 that commissioners of election must meet and make the required revisions.

Therefore, the maximum number of days commissioners of election in a county with slightly over 14, 000 qualified electors may be paid for revising the registration books and poll books prior to “other” elections such as special elections is the same as for the elections specified in Sections 23-5-79 and -80 which is fifteen (15).

The overall limitation on the number of days an election commissioner may work and be compensated for any one election is set by Section 23-5-183. It provides in part:

“The commissioners of election shall be entitled to forty dollars ($40.00) for every day actually employed in the performance of their duties, not to exceed fifteen (15) days for one (1) election; provided, however, that in counties having more than ten thousand (10, 000) but less than twenty-five (25, 000) qualified electors the commissioners shall receive forty dollars ($40.00) per day for not to exceed twenty-five (25) . . . .”

Therefore, the commissioners of election in a county with slightly over 14, 000 qualified electors may work and be compensated for no more than twenty-five (25) days for any one (1) election.

In summary, the commissioners of election in a county with slightly over 14, 000 qualified electors may work a maximum of fifteen (15) days in revising the registration books and poll books and a maximum of twenty-five (25) days overall in connection with any one (1) election, including special elections.

We point out that a “day” ?? statutes is a period of eight ?? the performance of duties and ?? supervisors to determine what ?? election commissioner who was ?? his duties for a lesser period ??

Very truly yours,

Bill Allain Attorney General