Mississippi Advisory Opinions April 08, 2011: No. 2011-00124 (April 08, 2011)
Collection: Mississippi Attorney General Opinions
Docket: No. 2011-00124
Date: April 8, 2011
Advisory Opinion Text
No. 2011-00124.
AUTH:Margarette Meeks
DATE:20110408
RQNM:James Brister
SUBJ:Circuit Clerks
SBCD:42
Lawrence County Circuit Clerk
Post Office Box 1249
Monticello, Mississippi 39654
Dear Mr. Brister:
Attorney General Jim Hood has received your request for an official opinion and has assigned it to me for research and reply.
Whether there are any restrictions against an incumbent Circuit Clerk running unopposed for re-election conducting or assisting in the upcoming elections?
No.
The Mississippi Legislature has given certain election-related duties to circuit clerks, who are elected officials. Some of the statutory provisions setting forth the duties of circuit clerks with respect to elections include the following: Miss. Code Ann. Section 23-15-621 et seq. (Administers absentee voting); Miss. Code Ann. Section 23-15-531.4 and -531.8 (Circuit clerk shall be the custodian of voting machines, ballot boxes and supplies); Miss. Code Ann. Section 23-15-225(3) (Circuit clerks shall be required to assist election commissioners in the performance of their duties in the revision of pollbooks and in assisting election commissioners, executive committees or boards of supervisors in connection with any election); Miss. Code Ann. Sections 23-15-165 and -531 (Perform any required duties associated with SEMS and GEMS).
The Legislature has provided no exemption from the performance of election related duties by clerks during election cycles in which the clerks are candidates for re-election.
There is no law that would restrict an incumbent Circuit Clerk running for re-election, with or without opposition, from conducting or assisting in the upcoming elections.
Please contact our office if we may be of further assistance.
Very truly yours,
JIM HOOD, ATTORNEY GENERAL
By:
Margarette L. Meeks
Special Assistant Attorney General