Mississippi Advisory Opinions April 09, 1987: AGO 000007847 (April 9, 1987)

AGO 000007847.

Dear Mr. Fortenberry:

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

I will be a candidate for Supervisor in Jefferson Davis County this year and was advised by my employer, Pearl River Valley Opportunity, that I must resign from my job before qualifying as a candidate.

P.R.V.O. receives federal funds through the Governor's Office as a Community Service Agency and Human Resource Agency.

My question on this is:

Can my employer, P.R.V.O., terminate my job instead of allowing me to take a leave of absence because of the fact they receive federal funding?

I also am an Election Commissioner and must resign from that post before qualifying.

My question on this is:

If I have not worked on the poll books for the year 1987, is there any statute that makes it illegal for me to be a candidate for office?

In response to your first question, we respectfully decline to issue an opinion as to the applicability and/or requirements of federal law (including the Hatch Act) relating to political candidates. Individual candidates are urged to consult private counsel in considering the applicability of federal law to their candidacy.

As to your second question, Miss. Code Ann. 23-15-217 (Supp. l986; Special Pamphlet) states that an election commissioner shall not be a candidate at any election with reference to which he has acted as an election commissioner. Prior opinions of this office have designated the annual purge as a meeting in reference to the primary and general election in a statewide election year. However, in your letter you advised that you have not acted as an election commissioner in 1987.

Whether you are qualified to have your name placed on the ballot as a candidate for supervisor would be a factual determination to be made by the party executive committee with reference to the primary election. With reference to the general election, your eligibility to have your name placed on the ballot as a candidate for supervisor would be a factual determination to be made by the county election commission.

Should the party executive committee and/or the county election commission make the factual determination that you have not acted as an election commissioner during 1987 as your letter suggests, it is the opinion of this office that you would not be disqualified pursuant to 23-15-217.

Should you have any questions or if we may be of further assistance please do not hesitate to contact this office.

Sincerely,

EDWIN LLOYD PITTMAN, ATTORNEY GENERAL

BY

John H. Emfinger Special Assistant Attorney General

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