Mississippi Advisory Opinions June 13, 1997: AGO 000012039 (June 13, 1997)

AGO 000012039.

Dear Mr. Walker:

Attorney General Mike Moore has received your request for an official opinion of this office and has assigned it to me for a reply. In your letter you state in pertinent part:

The Desoto County Election Commissioner of the 4th District requests a written opinion for the ability of an election commissioner to run for a state representative's position. On May 4, 1997 our state representative, Greg Davis, will be running for mayor of Southaven Miss. If he wins, his position will be available. Can I as an election commissioner run for this position knowing the law of January 1 being a resignation point? Seeing that I was not aware of our state representative running for mayor April 4 and possibly winning, will I be able to run for his position if he wins? Please advise me as soon as possible concerning this issue.

Section 23-15-217(1), Miss. Code Ann. states:

A commissioner of election of any county may 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; provided that he has resigned from the office of election commissioner before January 1 of the year in which he desires to seek the office.

We understand that you did not know on January 1 that the office for which you would now like to be a candidate would be vacant. However, the statute is clear that an election commissioner must resign from office on January 1 of the year in which he or she will seek an elective office other than that of election commissioner. Section 23-15-217, Miss. Code Ann.; see also MS AG Op., Keyes (December 13, 1991), attached.

Very truly yours,

MIKE MOORE,

ATTORNEY GENERAL

By: Sandra M. Shelson

Special Assistant Attorney General