Mississippi Advisory Opinions October 03, 2014: AGO 2014-00382 (October 03, 2014)

Advisory Opinion Text

AUTH: Liz Bolin

RQNM: Gene Barton

SUBJ: Elections

SBCD: 67

TEXT: Mr. Gene Barton

Chairman, Chickasaw County Democratic Executive Committee

P.O. Box 147

Okolona, MS 38860

Re: Deadline for resignation and participation of election commissioner

Dear Mr. Barton:

Attorney General Hood is in receipt of your request for an official opinion and it has been assigned to me for research and reply.

Background and Questions Presented

Your letter states:

I presently serve as Chairman of the Chickasaw County Democratic Executive Committee. My wife is the duly elected Election Commissioner for District 4 supervisor district in Chickasaw County.

I anticipate that I will run for county office as a democrat in the year 2015. My question is what is the deadline that I must resign as Chairman of the Executive Committee in order to not have any problems that I know election commissioners have as far as their deadline to resign?

Also, it is my understanding that you have already written some opinions on the participation of the election commissioner when a spouse is involved in the election. Could you please refer me to some opinions or provide some advice as far as what participation my wife may have in my campaign or in the alternative to what extent can she perform her normal duties as election commissioner when I am running for a county wide office?

Response

A member of a county party executive committee should resign from the committee prior to qualifying as a candidate for any office that would disqualify him from serving on the committee.

Applicable Law and Conclusion

Mississippi Code Section 23-15-263 states in part:

. . . (2) A member of a county executive committee shall be automatically disqualified to serve on the county executive committee, and shall be considered to have resigned therefrom, upon his qualification as a candidate for any elective office . The provisions of this subsection shall not apply to a member of a county executive committee who qualifies as a candidate for a municipal elective office. . .

(Emphasis added.)

Pursuant to the statute, an executive committee member is disqualified from serving on the committee upon qualifying for any elective office (except for municipal elective office). Accordingly, we are of the opinion that a county executive committee member should resign from the committee prior to qualifying as a candidate for any elective office that would disqualify him from serving on the committee.

With regard to your second question, please find enclosed an opinion to Mr. David M. Ratcliff dated March 10, 2009, which addresses your question.

Please let us know if this office can be of further assistance.

Sincerely,

JIM HOOD, ATTORNEY GENERAL.

Elizabeth S. Bolin, Special Assistant Attorney General.