Mississippi Advisory Opinions March 15, 1984: AGO 000004059 (March 15, 1984)

AGO 000004059.

Dear Mr. Perkins:

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

Your letter presents five (5) questions which we will address in sequence.

QUESTION 1:" Is it a conflict of interest for a member of the County Election Commission to serve on the County Democratic Executive Committee?"

RESPONSE: Please see the enclosed copy of an opinion addressed to Ms. Janelle Floore Craig, dated February 28, 1984. In summary that opinion states, inter alia, that since the Election Commission passes on certifications and other actions of the executive committees the offices of executive committee member and county election commissioner are incompatible. There- fore, one may not lawfully serve in both capacities simultaneously.

QUESTION 2: "If the spouse of a member of the County Democratic Executive Committee is a can- didate in a Democratic Primary, may the member serve in the canvassing of returns, recounting of ballots, etc., in reference to that primary in the elections not involving his or her spouse? Certainly, I realize that it would be improper for a member to participate in reference to the election involving his or her spouse. Additionally, how far does the kinship question go in disqualifying a member of the County Democratic Executive Committee from participation in the canvassing, etc., as outlined above? Are in-laws, etc., cousins disqualified?"

RESPONSE: Please see the enclosed copy of an opinion addressed to Ms. Jimmie Lou Humphrey, dated January 5, 1984. In summary that opinion states that this office is not aware of any prohibition against any relative serving on a county executive committee. We now add that we know of no statutory prohibition against any such relative participating fully in the canvassing of returns, recounting of ballots, etc. However, we do not comment on the propriety of such participation.

QUESTION 3: "If a member of the County Democratic Executive Committee is a candidate in a Democratic Primary Election, is he or she precluded from participating in the canvassing, etc., of all elections held during that particular primary, or is he or she disqualified from participating only in the particular election in which he or she is a candidate? If elected or defeated in the first primary, may he or she then serve his or her function as a committee member during and following the second primary?"

RESPONSE: Please see the enclosed copy of an opinion addresses to Mr. Virgil Sellers, Dated March 23, 1979. In summary that opinion states that serving on an executive committee and being a candidate in a primary election simultaneously are mutually exclusive positions. Therefore, a member of a party executive committee cannot lawfully be a candidate for nomination in any primary conducted by said committee. As noted in the Sellers' opinion, qualifying as a candidate would probably automatically vacate one's membership on an executive committee. Therefore, it is the opinion of this office that such individual would be precluded from any participation as a committee member during the period of time he is a candidate and thereafter until such time as he may be lawfully selected as a member of said committee in accordance with the provisions of Mississippi Code Annotated, 23-1-3 (Supp. 1983).

QUESTION 4: "Upon death or resignation of a member of the County Democratic Executive Com- mittee, must that committee member be replaced by a person of the same race and gender?"

RESPONSE: We find no such statutory requirement.

QUESTION 5: "Once a delegate or alternate is elected for a particular candidate at a precinct or caucus, is that delegate or alternate committed to support his candidate through the conclusion of the County Caucus? I am aware of the ten percent rule to be followed at the precinct level and understand how it works."

RESPONSE: While a delegate or alternate may be morally com- mitted to support his candidate through the conclusion of the county caucus, we know of no legal commitment to do so.

Very truly yours,

EDWIN LLOYD PITTMAN, ATTORNEY GENERAL

BY

Phillip C. Carter Special Assistant Attorney General

PCC:mfd Enclosures