Mississippi Advisory Opinions October 12, 2001: AGO 000014756 (October 12, 2001)

AGO 000014756.

Dear Mr. Robertson:

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. Your letter states:

We the Marion County Election Commission ask for an opinion as to the following:

House Bill No. 685 states the number of days for the Election Commission to meet and allows additional days for each election in excess of one (1) occurring in any calendar year.

Senate Bill No. 2523 allows the County Election Commission to enter into an agreement with the County Executive Committee to perform any of the duties required of the County Executive Committee.

Are County Election Commissioners entitled to per diem when they enter into a contract with the County Executive Committee to perform any of their duties?

Senate Bill No. 2523 is codified, in part, at Mississippi Code Annotated, Section 23-15-266 (Revised 2001). It provides:

A county or municipal executive committee shall be eligible to enter into written agreements with a circuit or municipal clerk or a county or municipal election commission as provided for in Sections 23-15-239(2), 23-15-265(2), 23-15-267(4), 23-15-333(4), 23-15-335(2) or 23-15-597(2), only if the political party with which such county or municipal executive committee is affiliated:

(a) Has cast for its candidate for Governor in the last two (2) gubernatorial elections ten percent (10%) of the total vote cast for governor; or

(b) Has cast for its candidate for Governor in three (3) of the last five (5) gubernatorial elections twenty-five (25%) of the total vote cast for Governor.

The code sections cited in Section 23-15-266 authorize agreements between clerks or election commissions and party executive committees to train poll workers, appoint poll workers, distribute ballot boxes, have ballots printed, distribute ballots and/or receive and canvass election returns.

Performing one or more of the various duties listed above in connection with primary elections does not, in our opinion, constitute performing official duties of a county election commission for which per diem is authorized pursuant to Section 23-15-153 or any other statute.

Such agreements between an election commission and a party executive committee as authorized by the above cited and quoted statutes, may contain provisions whereby the executive committee agrees to compensate commissioners. However, we note that Section 23-15-299(6) restricts the use of qualifying fees collected by party executive committees to the reimbursement of travel expenses of its members and its secretary and a salary for the secretary.

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

By:

Phil Carter

Special Assistant Attorney General