Mississippi Advisory Opinions July 15, 1983: 19830715 (July 15, 1983)

Advisory Opinion Text

Mrs. Mildred Ferguson

Circuit Clerk of Copiah County

P. O. Box 467

Hazlehurst, Mississippi 39083

Dear Mrs. Ferguson:

Attorney General Bill Allain has received your opinion request and has assigned it to me for research and reply, your letter stating:

“We have a newly appointed County Election Commissioner that is replacing a commissioner that resigned. This Commissioner wants to delegate his work, or a large part to a member of his family, his regular employment does not allow him enough time to do the work.

“Is it possible to have a deputy to do the work on the poll books, and pre-election work?”

The office of county election commissioner, although not a fulltime job, has certain non-delegable personal responsibilities at certain times in regards to elections. At the time he took the oath of office, he obligated himself to perform the duties thereof. There is no legal authority for appointment of a deputy and any person purporting to perform his duties as a commissioner would have no authority to so act.

Should the commissioner resign because of the press of other duties, then the remaining members could appoint a successor who would have time to attend to the duties of the office.

Although the office is one of honor, it is not just an “honorary title” without the necessity of personal service by the individual commissioner.

Yours very truly,

Bill Allain, Attorney General.