Mississippi Advisory Opinions November 08, 1979: 19791108 (November 08, 1979)

Advisory Opinion Text

Mr. Joe Sharp

Motor Vehicle Comptroller

Woolfolk State Office Building

Jackson, Mississippi

Dear Mr. Sharp:

Attorney General A. F. Summer has received your letter of request and has assigned it to the undersigned for research and reply.

Your letter of November 5, 1979, states as follows:

‘As you are aware, the PEER Committee is investigating the employees of the Motor Vehicle Comptroller's office for alleged political activity in possible contravention of Section 27–5–27, Mississippi Code of 1972.

‘Section 27–5–27 reads in part as follows:

“The comptroller, the assistant comptroller, the directors, and all other employees provided in this chapter or any other law required to be administered by the motor vehicle comptroller shall give their full time to the duties of their office, and shall not:

“(a) Offer as a candidate for any political office during their employment, solicit or accept funds for any federal, state, county, district, or municipal political campaign, actively support the candidacy of any candidate for any federal, state, county, district or municipal elective office, or engage in any other political activity whatsoever in any way connected with the federal, state, county, district, or municipal election. Provided, however, that this shall not be construed so as to prohibit or prevent the comptroller, assistant comptroller, the directors and the other employees from voting in any election which they are qualified to vote.'

‘This particular article, on its face, appears to possibly contradict certain rights of the individual guaranteed under the provisions of the Bill of Rights of the United States Constitution and the Constitution of the State of Mississippi.

‘In an effort to effectively administer the Motor Vehicle Comptroller's Department, I pose the following question: ‘What, in your opinion, constitutes ‘political activity’?”

Section 27–5–27, Mississippi Code of 1972, specifically lists certain activities which are prohibited under the provisions of said statute. This office cannot by opinion limit or expand the provisions of that statute, nor can this office undertake the task of attempting to list all specific activities which may be prohibited. We believe that the statute adequately specifies the prohibited activities so that any employee should be forewarned of the possible consequences of participating in any political activity prohibited by said section.

Additionally, since you requested this office to participate in the investigation presently underway by the PEER Committee, we feel that it is improper at this time to comment any further on the provisions of said statute as it relates to the current investigation.

Very truly yours,

A. F. Summer, Attorney General.

Donald Clark, Jr., Special Assistant Attorney General