Mississippi Advisory Opinions October 31, 1990: AGO 000010544 (October 31, 1990)

AGO 000010544.

Dear Mr. Washington:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply.

Your letter states:

"Please accept this letter as an official request for the Attorney General's opinion on the following question(s).

A. Can a member of a Municipal Election Commission run for City Councilman in that municipality? And, if so,

B. At what point should the Municipal Election Commissioner resign in order to run for the City Councilman position?"

Mississippi Code Annotated Section 23-15-221 (Supp. 1989) provides for the appointment of municipal election commissioners and states:

"...and all of whom shall perform all the duties in respect to the municipal election prescribed by law to be performed by the county election commissioners where not otherwise provided..."

The Mississippi Supreme Court in Meeks v. Tallahatchie County Democratic Executive Committee, 513 So.2d 563 (Miss. 1987) said:

"Meeks was elected to serve as Elections Commissioner for a four year term beginning in January of 1985.

Section 23-15-217 provides that he is disqualified from being a candidate for any office (except for reelection to the office of county election commissioner) during that four year term. We do not read the statute to allow Meeks to shorten the period of his disqualification by resigning the office of election commissioner.

...

In sum, candid application of Section 23-15-217 to Meeks renders him disqualified as a candidate for Justice Court Judge in the 1987 election - or for any other office (except election commissioner) in any other election to he held during the four year term which began in January, 1985. He is disqualified, notwithstanding that as an election commissioner he may have in fact done nothing toward the preparation for and conduct of the 1987 elections.

...

...By law, once Eddie Meeks or anyone else assumes the office of Elections Commissioner, he becomes obligated to stay out of any other electoral endeavor for the term of his office, period...."

Since Section 23-15-221 places on municipal election commissioners the same duties in respect to municipal elections that county election commissioners have in respect to other elections, it is the opinion of this office that the prohibition against a county commissioner being a candidate for another office during his term would apply with equal force to a municipal commissioner. Therefore, in our opinion, a member of a municipal election commission may not be a candidate for municipal office during his term. Said term being coterminous with that of the appointing authorities.

Sincerely, MIKE MOORE, ATTORNEY GENERAL

BY: Phil Carter Special Assistant Attorney General

PC:mfd