Mississippi Advisory Opinions January 28, 2011: No. 2011-00008 (January 28, 2011)

No. 2011-00008.

Dear Mr. Holleman:

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

You state that a county election commissioner received her required certificate of training for 2010 on December 21, 2010 and ask if she can be paid for the entire year of 2010.

You previously informed us that the Harrison County Board of Supervisors (the Board), pursuant to Mississippi Code Annotated Section 23-15-211(4), made a finding of fact that due to exigent circumstances the commissioner was prevented from obtaining her certificate of training and filing it with the chancery clerk by the statutory deadline of April 30, 2010 thereby allowing her to remain in office.

We are of the opinion that any compensation for an election commissioner for a calendar year is contingent upon the filing of the required certificate of training by April 30 each year. Therefore, the Board is not authorized to pay the commissioner in question for the calendar year 2010.

Section 23-15-153(9) provides:

Any commissioner of election who has not received a certificate issued by the Secretary of State pursuant to Section 23-15-211 indicating that the commissioner of election has received the required elections seminar instruction and that the commissioner of election is fully qualified to conduct an election, shall not receive any compensation authorized by this section, Section 23-15-491 or Section 23-15-239.

Mississippi Code Annotated Section 23-15-211 (Supp. 2010) establishes a board of election commissioners in each county and requires each commissioner to attend an elections seminar sponsored by the Secretary of State. Section 23-15-211(4) provides in part:

Each participant shall receive a certificate from the Secretary of State indicating the named participant has received the elections training seminar instruction and that each participant is fully qualified to conduct an election. Commissioners of election shall annually file the certificate with the chancery clerk. If any commissioner of election shall fail to file the certificate by April 30 of each year, his office shall be vacated, absent exigent circumstances as determined by the board of supervisors and consistent with the facts. .... .

We have previously opined to you that the fact that a county board of supervisors, in accordance with Section 23-15-211(4) made the determination that an election commissioner's office should not be vacated because of exigent circumstances that prevented her from receiving the required certificate of training from the Secretary of State does not negate the provisions of Section 23-15-153 which prohibit the receipt of compensation by commissioners who fail to obtain and file the required certificate. MS AG Op. Holleman (December 23, 2010).

Section 23-15-153(9) requires each county election commissioner to receive a certificate of training pursuant to Section 23-15-211 which requires that such certificate be filed with the appropriate chancery clerk by April 30 of each year.

It is a well-settled rule of statutory construction that when two statutes pertain to the same subject, they must be read together in light of legislative intent. Tunica County v. The Hampton Company National Surety, LLC, 27 So.3d 1128 (Miss. 2009).

In reading the two statutory provisions together we conclude that an election commissioner is not entitled to receive any compensation unless and until they file their certificate of training with their chancery clerk on or before April 30 of each calendar year and that if a commissioner fails to file his or her certificate on or before April 30 their county would not be authorized to provide any compensation for that calendar year even if their board of supervisors finds that exigent circumstances prevented the attainment of the certificate.

While a commissioner may remain in office pursuant to the finding of exigent circumstances by the Board, we find no authority for a commissioner who fails to file the required certificate of training with their chancery clerk by April 30 to receive any compensation for the calendar year. We recognize that there will be situations where commissioners have exigent circumstances such as a serious illness which prevents them from obtaining and filing their certificates by the April 30 deadline and then later in the calendar year recover and obtain their certificates. However, we are of the opinion that legislative action is required in order for commissioners who file their certificates after the April 30 deadline to receive compensation.

Sincerely,

JIM HOOD, ATTORNEY GENERAL

By:

Phil Carter

Special Assistant Attorney General