Mississippi Advisory Opinions July 12, 1984: 19840712 (July 12, 1984)

Advisory Opinion Text

Honorable Ben Griffith

Attorney for Bolivar County Board of Supervisors

Post Office Drawer 159

Cleveland, Mississippi 38732

Elections-Commissioners

Dear Mr. Griffith:

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

Your letter states:

“On behalf of the Board of Supervisors of Bolivar County, Mississippi, I request an opinion from your office responsive to the following question:

“Does the Board of Election Commissioners have authority under Miss. Code Ann. § 23-5-97(1) (Supp. 1983), to employ legal counsel to assist the county attorney in the prosecution of a defendant for unlawfully disturbing an election for public office, where the Election Commissioners and Election Bailiff appointed by the Election Commissioners will be testifying as witnesses on behalf of the prosecution, and where key issues in the prosecution as well as the defense will involve the actions and conduct of the Election Commissioners and Election Bailiff?

“ Miss. Code Ann. § 23-5-97(1) authorizes the Board of Election Commissioners in part to employ and set or determine the duties of and determine the compensation of such legal counsel as the 'Board or a majority thereof may deem necessary to enable them to discharge the duties and obligations presently or hereafter vested in them.'

“ Miss. Code Ann. § 23-5-105 (1972) requires the Commissioners of Election to appoint in writing an Election Bailiff for each election district, in part 'to arrest all persons creating any disturbance about the voting place. . . .'

“ Miss. Code Ann. § 97-13-21 (1972) makes it a misdemeanor for any person to 'unlawfully disturb any election for any public office . . . .'

“I would appreciate an opinion from your office on the above, preferably on an expedited basis.”

Mississippi Code Annotated, § 23-5-97(1) (Supp. 1983) which you cite in your letter provides:

“The board of election commissioners is hereby authorized and empowered to employ and set or determine the duties of and determine the compensation of such investigators, legal counsel, secretaries, technical advisors, and any other employees or persons who or which said board or a majority thereof may deem necessary to enable them to discharge the duties and obligations presently or hereafter vested in them. However, before employing such persons or setting or determining said compensation, the election commissioners must first have the approval of the board of supervisors of the county.”

In response to your inquiry and based on the specific factual situation described in your letter, it is the opinion of this office that the Bolivar County Board of Election Commissioners is authorized to employ legal counsel to assist the county attorney in the prosecution of a defendant for unlawfully disturbing an election for public office, provided said board or a majority of the members thereof determine, consistent with the facts, that such action is necessary in order for the election ?? their duties and ?? Bolivar County Board of ?? .

We ?? only to the unique factual ?? letter and has no general ?? ?? yours,

Edwin Lloyd Pittman Attorney General.