Mississippi Advisory Opinions December 13, 1991: AGO 000005535 (December 13, 1991)

AGO 000005535.

Dear Ms. Keyes:

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

"I currently hold a position (appointed) as Election Commissioner with the City of Pearl, Mississippi, and at the present time I plan to run for the office of Alderman in that city. After conferring with the Secretary of State's Office, I was encouraged by Constance Slaughter-Harvey to write your office and request an Attorney General's Opinion.

Please advise me as soon as possible of the feasibility for me to undertake this task, and when I should resign my position from the Election Commission."

By prior opinion addressed to Honorable David W. Washington, dated October 31, 1990 (copy enclosed) we have stated that the statutory restrictions on county election commissioners being candidates for another office during their current term would apply to municipal election commissioners who seek a municipal office. However, Mississippi Code Annotated Section 23-15-217 (Revised 1990) as amended by Chapter 613, Laws of 1991 (precleared by the U.S. Department of Justice on August 14, 1991) now permits county commissioners to run for another office during their term provided they resign as election commissioner before January 1 of the year they desire to seek the office.

Therefore, it is the opinion of this office that a municipal election commissioner may seek an elective municipal office provided he resigns as commissioner before January 1 of the year he desires to seek said elective office.

Sincerely, MIKE MOORE, ATTORNEY GENERAL

BY: Phil Carter Special Assistant Attorney General PC:mfd Enclosure