Mississippi Advisory Opinions February 03, 1981: AGO 000002264 (February 3, 1981)

AGO 000002264.

Dear Ms Atkinson:

Attorney General Bill Allain has received your opinion request postmarked January 26, 1981, and has assigned it to me for re- search and reply, your letter of request stating:

"I am Purchase Clerk for the Lamar County Supervisors and in the General Election in November, 1980, I was elected Election Com- missioner for District #5. I qualified on the last day as no one else had qualified for the office. I thought I was doing a service for the County. Now one or two persons in the County are giving me some static that I am doing something illegal."

I assume you were appointed pursuant to Section 31-7-101, Mississippi Code of 1972, and its language stating:

"The county may designate the chancery clerk or other county employee to act as purchase clerk."

Your letter does not indicate what other duties, if any, you have in county employment.

Section 23-5-95, ibid., states in part:

"A commissioner of election of any county shall not be a candidate for any office at any election for which he may have been elected or with refer- ence to which he has acted as such; and all votes cast for any such person at such election shall be illegal and shall not be counted, except he may be a candidate for the office of county election com- missioner."

As an employee of the county in your role as Purchase Clerk and having been employed by the Board of Supervisors, you, as Elec- tion Commissioner, would also be on the Board of Election Com- missioners charged with the proper conduct of elections, includ- ing that involving the members of the Board of Supervisors which employed you.

Although your serving simultaneously in both capacities is not prohibited by law, our office does not pas": on its propriety.

Sincerely,

BILL ALLAIN, ATTORNEY GENERAL

BY:

Richard M. Allen Special Assistant Attorney General

RMA:hs