Mississippi Advisory Opinions December 10, 2004: AGO 000016427 (December 10, 2004)

AGO 000016427.

Dear Commissioners:

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

Please issue an opinion on the following matter. The sheriff's race from the general election in November 2003 is currently being contested by Mr. Ronnie Flake. Mr. Walter Coburn was certified by the Winston County Election Commissioners as the winner of this election. In the most recent hearing conducted by Circuit Judge Vernon Cotten, he ordered a hand recount of 25 of the 31 ballot boxes to be carried out by the election commissioners. Because of the timing of this matter, the election commissioners have exhausted most of the 2004 calendar year 75 days allotted to us by Mississippi Code 23-15-153 for regular purging, revising, and conduct of election. We have, of course, already used all allotted days from 2003, the year in which the election actually occurred.

We ask for an opinion on whether the county can approve additional days in which to conduct the recount or if this will be damages awarded by the court. Also, if it must be counted against the 75 days specified in 23-15-153, what is the recourse if the hand count requires more days than the election commissioners have remaining?

In response to your inquiry, we find nothing that would allow a county board of supervisors to authorize per diem for election commissioners for days in excess of that provided for by Mississippi Code Annotated Section 23-15-153. The mandate of the court must be met even if it means working beyond normal hours each of your remaining days.

Sincerely,

JIM HOOD, ATTORNEY GENERAL

By:

Phil Carter Special Assistant Attorney General