Mississippi Advisory Opinions June 08, 1994: AGO 000009468 (June 8, 1994)

AGO 000009468.

Dear Mr. Crawford:

Attorney General Mike Moore has received your request for an official opinion from this office and has assigned it to me for research and reply. In your letter you state:

On behalf of the Wilkinson County Board of Supervisors, I have been requested to ask that you provide an opinion to Wilkinson County concerning the status of Mr. Armsy Buck Hall. Mr. Hall is an election commissioner who was elected to represent the Fourth District of Wilkinson County in the last general election, which was held. Since that time, the whereabouts of Mr. Hall, the Board has not been able to ascertain, and Mr. Hall has failed to attend any of the functions of the Wilkinson County Election Commissioners, or assist the other commissioners in any form or fashion in the conducting of the normal operations required of the Election Commissioners in carrying out their duties. As you are well aware, there are upcoming elections which need to be conducted, and the assistance of all the Commissioners is obviously needed to properly conduct the elections.

The obvious question at point, is what, if anything, can be done to replace Mr. Hall if he is unable or unwilling to fulfill his duties as Election Commissioner of Wilkinson County.

If there is a question regarding the residency of Mr. Hall, the Election Commission should resolve the matter pursuant to Mississippi Code Annotated Section 23-15-153 (Supp. 1993). If it is determined, consistent with the facts, that Mr. Hall has abandoned his residence in the Fourth District of Wilkinson County, he has, by operation of law vacated his office pursuant to Section 25-1-59. Under such circumstances, the Wilkinson County Board of Supervisors would appoint an interim commissioner to serve pending a special election to fill the remainder of the term all in accordance with Section 23-15-839.

This office also notes the following provisions in the Mississippi Constitution:

Article 6, Section 175 states: "All public officers, for wilful neglect of duty or misdemeanor in office, shall be liable to presentment or indictment by a grand jury; and, upon conviction, shall be removed from office, and otherwise punished as may be prescribed by law."

Article 6, Section 267 states: "No person elected or appointed to any office or employment of profit under the laws of this state, or by virtue of any ordinance of any municipality of this state, shall hold such office or employment without personally devoting his time to the performance of the duties thereof."

If I may be of further assistance, please do not hesitate to contact me.

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

BY:

Phil Carter Assistant Attorney General

PC/cw