Mississippi Advisory Opinions August 14, 1991: 19910814 (August 14, 1991)

Advisory Opinion Text

Honorable Henry Stringfellow

Lauderdale County Election Commission

Route 15, Box 75

Meridian, Mississippi 39301

Dear Mr. Stringfellow:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. Your letter states:

“The purpose of this letter is to get a understanding of the new law, or policies on running for another position within the committee. I am a member of the Election Committee Board in Lauderdale County and seeking another office. Also, I am holding a State Job as a Base Tactical Reconnaissance Protection person at Meridian Air National Guard. My question is will I have to resign my full time job to campaign for another office.”

Mississippi Code Annotated § 23-15-217 (1972) provides in part:

“(1) A commissioner of election of any county shall not be a candidate for any other office at any election held or to be held during the four-year term for which he has been elected to the office of commissioner of election or with reference to which he has acted as such; and all votes cast for any such person at such election shall be illegal and shall not be counted, except that he may be a candidate for the office of county election commissioner.”

The Mississippi Supreme Court in Meeks v. Tallahatchie County, 513 So.2d 563 (Miss.1987) said:

“Although its wording is general, we find the meaning of Section 23-15-217 reasonably clear. The statute provides two disqualifications upon a county election commissioner offering himself as a candidate for any other office. First, the commissioner is disqualified with respect to ‘any election for which he may have been elected.’ The elections commissioners are elected for four year terms. They are elected to act with respect to all general elections held within those terms. In addition, they have many other duties prescribed by statute. The first disqualification in Section 23-15-217 means that no person holding the office of elections commissioner may be a candidate for election to any other office at any election held or to be held during the four year term for which that person has been elected elections commissioner.” (emphasis ours).

In response to your second question, please see the enclosed copy of a letter to Representative Rick Fortenberry, dated July 17, 1991, which sets forth the pertinent provisions of the Hatch Act.

Sincerely,

Mike Moore, Attorney General.

Phil Carter, Special Assistant Attorney General.