Mississippi Advisory Opinions October 29, 1980: AGO 000002128 (October 29, 1980)

AGO 000002128.

Dear Mr. Moore:

Attorney General Bill Allain has received your request for o- pinion and has referred it to the under-signed for research and reply.

You request an opinion as to whether the Board of Supervisors of Leake County rather than the County Board of Election Commission- ers will perform the duties of Election Commissioners due to the fact that the office of County Election Commissioner will be in- cluded in the election on November 4, 1980.

Section 23-5-3, Mississippi Code of 1972, Annotated and as Amend- ed by Chapter 359 of the Regular 1979 Session of the Mississippi Legislature requires that candidates for County Election Commis- sioner qualify as such candidates by filing their qualifying pe- titions with the Clerk of the Board of Supervisors.

The Board of Supervisors is required to determine the sufficien- cy of the petition. If the petition contains the required num- ber of signatures and filed not later than September 5, 1980, being not less than sixty days before the election, the Presi- dent of the Board of Supervisors is required to certify the name of such candidate to the Chairman or Secretary of the Coun- ty Election Commission. The names of all candidates so certified are required to be placed upon the ballot.

The only other function of the County Election Commission autho- rized to be performed by the County Board of Supervisors is set forth in Section 23-5-95, ibid, where it is provided that "In any case involving the election of a county election commission- er wherein there is a contest of any nature including, but not limited to, the right of any person to vote or the counting of any challenged ballot, all the duties and powers of the commis- sion in connection with said contest shall be performed by the board of supervisors, . . . " .

Therefore, it is the opinion of this office that after the cer- tification of the names of the candidates for County Election Commissioner to appear upon the ballot by the President of the Board of Supervisors the only other instance in which the Board of Supervisors performs any function regarding the election is limited to a contest of any nature involving the election of a County Election Commissioner.

It is further the opinion of this office that in all other res- pects regarding the November 4, 1980, election, including the election of the County Election Commissioners, whether opposed or unopposed, the County Election Commissioners perform their usual and ordinary functions and duties.

You further advise that the Special Election is being held on November 4, 1980, to fill a vacancy in the office of Constable in District 1/1 of Leake County, Mississippi. Since the Elec- tion Commissioners are all candidates for reelection at the same election, you request an opinion as to whether the Elec- tion Commissioners are disqualified to carry out the duties of the office according to law in conducting such Special Election because of the fact that they are seeking reelection without opposition except in District # 1.

In view of the above and foregoing referenced statutes which do not pertain to the office of Constable, it is the opinion of this office that the Election Commissioners, although they are candidates for reelection at the General Election to be held on the same day as the Special Election is to be held on November 4, 1980, that the Election Commissioners are charged with the duties and responsibilities imposed upon them by law in the conduct of said Special Election and certifying the re- sult thereof.

Very truly yours,

BILL ALLAIN, ATTORNEY GENERAL

BY:

W. D. Coleman Deputy Attorney General

WDC:nm