Mississippi Advisory Opinions April 18, 1983: 19830418 (April 18, 1983)

Advisory Opinion Text

Elections - Commissioners

Honorable James W. Henley

Attorney for Copiah County Board of Supervisors

Post Office Box 509

Hazlehurst, Mississippi 39083

Dear Mr. Henley:

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

Your letter states:

“We have been requested as Attorney for the Board of Supervisors of Copiah County Mississippi, to obtain your opinion in regard to the following matter:

“Is it permissible for an Election Commissioner to serve as a poll worker or election worker at the local box? If so, is said Election Commissioner entitled to receive pay both as an Election Commissioner and as a poll worker for the same days worked?”

Mississippi Code Annotated § 23-5-99 (Supp. 1982) provides that the commissioners of election shall appoint three (3) persons for each election district, etc. The managers then appoint two (2) clerks (Section 23-5-103).

Section 23-5-169 requires the commissioners of election to declare the results of an election based on the reports of the various managers of the election.

Section 23-5-181 requires the commissioners of election to make out a list of all persons who served as managers, clerks, and bailiffs at the election and to designate for what service each is entitled to pay.

In view of the above statutory provisions, it is the opinion of this office that the positions of election commissioner and election manager, clerk, or bailiff are incompatible.

Therefore, an election commissioner may not serve as a poll worker or election worker at a local box.

Very truly yours,

Bill Allain, Attorney General