Mississippi Advisory Opinions March 25, 1983: 19830325 (March 25, 1983)

Advisory Opinion Text

Elections - Commissioners

Mrs. Evelyn Metcalfe Estes

Lee County Election Commission

Route 3, Box 328

Tupelo, Mississippi 38801

Dear Mrs. Estes:

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

Your letter states:

“I am requesting this opinion in my official capacity as election commissioner for the Fourth District of Lee County, Mississippi.

“Can a candidate help conduct or take part in the election, i.e., prepare ballots, prepare voting machines or otherwise instruct others who will hold the election, other than the duly elected circuit clerk who is County Registrar?

“I guess my real question is: Can the Circuit Clerk designate a person, who is a candidate for public office, to perform this duty?”

In response to your inquiry, we know of nothing which would prohibit a circuit clerk from appointing one who is a candidate for public office to assist him / her in preparing for an election.

Of course, such person could not occupy a position which would authorize him / her to pass on the result of any election. Furthermore, we do not speak to the propriety of the described situation.

Very truly yours,

Bill Allain, Attorney General