Mississippi Advisory Opinions April 07, 1989: AGO 000008764 (April 7, 1989)

AGO 000008764.

Dear Ms. Burnham:

Attorney General Mike Moore has received your letter requesting an opinion of this office and has assigned it to me for research and reply.

Your letter presents for opinion the question of whether a political party's municipal executive committee member can run for a municipal office. You also ask whether it is necessary that such member resign prior to qualifying for office if he is so permitted to seek a municipal office.

On March 29, 1989, the Governor signed House Bill 819 of the 1989 Regular Session of the Mississippi Legislature. House Bill 819 amends Section 23-15-263, Miss. Code Ann. (Supp. 1988) to provide that 'a county executive committee member "....shall be automatically disqualified to serve on the county executive committee and shall be considered to have resigned therefrom upon his qualification as a candidate for any elective office." Since in our view Section 23-15-171, pertaining to municipal executive committee members incorporates the provisions of Section 23-15-263, supra, it is the opinion of this office that House Bill 819 also permits municipal executive committee members to seek municipal offices during their term as executive committee members. Upon qualifying for municipal office, they shall be considered to have resigned from the municipal executive committee.

House Bill Bill 819 took effect upon passage, however, any election change effectuated by this enactment is subject to federal preclearence under Section 5 of the Voting Rights Act of 1965. While this office cannot render official opinions interpreting federal law, it is our view that since prior practice (i.e., pre-November, 1964 elections through the 1985 municipal elections) was to permit members of a political party's municipal election committee to seek municipal office, it is the view of this office that House Bill 819 codifies prior practice in this regard and does not effectuate a change in practice with respect to municipal executive committee members within the scope of Section 5 of the Voting Rights Act of 1965. Accordingly, it is the view of this office that a member of a municipal executive committee should be allowed to seek a municipal office if otherwise qualified.

We hope the above is responsive to your inquiry.

Sincerely,

Mike Moore, Attorney General

By: Giles W. Bryant Special Assistant Attorney General

/jw