Mississippi Advisory Opinions April 05, 2013: AGO 2013-00122 (April 05, 2013)

Advisory Opinion Text

TEXT: Gene Barton, Esquire

Attorney for City of Okolona

Chairman, Chickasaw County

Democratic Executive Committee

Post Office Box 147

Okolona, Mississippi 38860

AUTH: Phil Carter

RQNM: Gene Barton

SUBJ: Elections

SBCD: 64

Re: County Election Commissioner Seeking Municipal Office

Dear Mr. Barton:

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

Issues Presented and Responses

Issue One: Does the county Democratic Executive Committee have any jurisdiction whatsoever over the Municipal Executive Committee?

Response: In our opinion to you dated April 4, 2013 (copy enclosed), we said that a county party executive committee has no authority or control over a municipal party executive committee but may act as the temporary municipal executive committee if no municipal executive committee exists.

Issue Two: For the benefit of the County and the Municipal Democratic Executive Committees, in my capacity as chairman of the county party, I am asking for an opinion based on the facts listed in this letter along with the charter of the City of Okolona, may this individual, who has already been certified by the Municipal Democratic Executive Committee, seek the office of City Council while serving as an election commissioner.

Response: No. The provision you note in the special charter that members of the City Council are involved in the purging of the voter rolls, has no relevance to this issue.

Please see our analysis of this issue in our opinion to Ms. Imogene H. Armstrong, councilperson for the City of Okolona dated April 4, 2013 (copy enclosed).

Issue Three: Does the statute dealing with not allowing election commissioners to run for office during their term apply to a municipal official who is serving as a city councilperson under the particular facts of the special charter for the City of Okolona, Mississippi?

Response: Yes. Please see our analysis of this issue in our opinion to Ms. Armstrong.

Sincerely,

JIM HOOD, ATTORNEY GENERAL.

Phil Carter, Special Assistant Attorney General.