Mississippi Advisory Opinions August 29, 1985: AGO 000009114 (August 29, 1985)

AGO 000009114.

Dear Ms. Gazzo:

The Office of the Attorney General is in receipt of your opinion request which states as follows:

"Section 23-5-79 of the Mississippi Code states that on the first Monday of September preceding a general election the commissioners of election shall meet at the office of the registrar and carefully revise the registration books and the pollbooks, etc.

"The year 1985 is the year when ordinarily there would be no general elections. The Mississippi Legislature in 1984 passed legislation to amend Section 23-5-203 of the Mississippi Code whereby a county vacancy would not be filled immediately by special elections but would be filled by election at the next regular special election day on the first Tuesday after the first Monday in November of each year.

"Harrison County will have an election in November for two offices.

"The Harrison County Election Commission would like from your office a written opinion as to whether the September purge referred to in Section 23-5-79 should be held and if commission members would be able to submit claims for compensation for this purge."

Section 23-5-79, Mississippi Code of 1972, Annotated (1984 Supp.) states (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 . . ."

The "regular special election day" as established in 23-5- 203, Mississippi Code of 1972, Annotated (1984 Supp.) is not the same as the "general election" established in the Mississippi Constitution 102, 252 and 23-1-83, Mississippi Code of 1972, Annotated (1984 Supp.) and referred to in 23-5-79, supra. Section 23-5-79, supra, specifically makes a distinction between the two said elections. Therefore, it is the opinion of this office that, based on the factual scenario as presented in your inquiry, the Harrison County Election Commission shall meet ten (10) days prior to the regular special election day established in 23-5-79, supra, and supra, to perform the duties as required in 23-5-79, supra, and shall receive compensation therefor pursuant to said 23-5-79, supra.

Very truly yours,

EDWIN LLOYD PITTMAN, ATTORNEY GENERAL

BY: A. William May Special Assistant Attorney General

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