Mississippi Advisory Opinions August 07, 1991: AGO 000005286 (August 7, 1991)
Collection: Mississippi Attorney General Opinions
Docket: AGO 000005286
Date: Aug. 7, 1991
Advisory Opinion Text
AGO 000005286.
DOCK 1991-0510
AUTH Mike Lanford
DATE 19910807
RQNM Willie Crawford
SUBJ Elections Commissioners
SBCD 064
TEXT Mr. Willie L. Crawford, Jr.
Circuit Clerk of Tunica County
P.O. Box 184
Tunica, Mississippi 38676
Dear Mr. Crawford:
Attorney General Mike Moore has received your request for an opinion and has assigned it to me for research and reply. Your question is:
"One of our election commissioners has filed as a candidate for supervisor in the upcoming primary election; and there is a question as to his qualifying since he resigned his position as election commissioner of district 5 in December of 1990."
In response I refer to Section 23-15-217 of the Mississippi Code which provides:
"(1) A commissioner of election of any county shall not be a candidate for any other office at any election held or to be held during the four-year term for which he has been elected to the office of commissioner of election or with reference to which he has acted as such; and all votes cast for any such person at such election shall be illegal and shall not be counted, except that he may be a candidate for the office of county election commissioner."
The Supreme Court in the case of Meeks v. Tallahatchie County, 513 So.2d 563 (Miss. 1987) has held that this statute prohibits an election commissioner from running for any office (except for reelection) during the 4 year term in which he served, regardless of whether the commissioner has resigned his office.
Please contact us if you have further questions regarding this matter.
Very truly yours,
MIKE MOORE, ATTORNEY GENERAL
By: Mike Lanford Special Assistant Attorney General ML:sm