Mississippi Advisory Opinions May 23, 2008: No. 2008-00227 (May 23, 2008)

Mississippi Attorney General Opinions

2008.

No. 2008-00227.

DOCK: 2008-00227

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Dear Ms. Graves:

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

Issue Presented

You ask if the days for which you, as county registrar, may receive a per diem for assisting the county election commission, county party executive committees and county board of supervisors, are counted separately for each entity or would you only be entitled to receive a per diem for the statutory number of days for assisting all entities.

Response

We are of the opinion that you as county registrar are entitled to receive a per diem for each day spent, either personally or through a deputy, for no more that fifty (50) days for assisting each of the above stated entities. MS AG Op., Butler (November 3, 2000).

In other words, each election is treated separately when determining the number of days for which a county registrar is entitled to receive a per diem.

We caution that you may claim days for assisting the board of supervisors only when the board is acting as the election commission pursuant to Section 23-15-215.

We emphasize that a county registrar must be actually employed in assisting one of these entities, either personally or through a deputy, for a minimum of five (5) hours during a day or for a minimum of five (5) hours accumulated over two (2) or more days in order to claim a per diem. Sections 23-15-225(3) and 23-15-153(2).

Applicable Law and Discussion

Mississippi Code Annotated Section 23-15-153(2) (Revised 2007) now provides that county election commissioners are entitled to receive a per diem up to a maximum of fifty (50) days per year with no more than fifteen (15) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year.

Also, as noted in your letter, Section 23-15-225(3) provides that county registrars are to receive the same daily per diem and limitation on meeting days as provided for the board of election commissioners as set out in Section 23-15-153.

Sincerely,

JIM HOOD, ATTORNEY GENERAL

By: Phil Carter

Special Assistant Attorney General