Mississippi Advisory Opinions November 29, 1984: 19841129 (November 29, 1984)

Advisory Opinion Text

Ms. Sue Sautermeister

Board of Election Commissioners

Post Office Box 327

Jackson, Mississippi 39205

Dear Ms. Sautermeister:

Attorney General Edwin Lloyd Pittman has received your recent opinion request and assigned it to me for research and reply. Your request states as follows:

“An opinion is hereby requested for a question that has come up. Is MS Code Section 23-5-97 or any other section authority to pay Election Commissioners a per diem for serving on the Election Laws Reform Task Force?”

First, as a general observation, our office notes that the “Election Law Reform Task Force” that you refer to in your request is a group of persons organized by the Secretary of State for the purpose of reviewing the state election laws.

A review of Mississippi statutes incident to the pay of election commissioners shows that such statutes are applicable to certain activities directly related to elections or to the revision of registration books (Sections 23-5-81, 23-5-82 and 23-5-183 of the Mississippi Code of 1972), and would not authorize pay for activities beyond the scope of these statutory duties and responsibilities. However, Section 23-5-97 may, in certain circumstances, authorize election commissioners to receive compensation for other activities.

Section 23-5-97 provides in part the following:

“(1) 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 hereinafter 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.

“(2) The board of supervisors of the county is authorized and empowered to pay out of the general fund of the county the salaries and necessary traveling and subsistence expenses of said employees of said board of commissioners in such amounts as may be mutally agreed upon by the said board of supervisors and said board of election commissioners, but which shall be computed on the same basis allowed to state employees when traveling on state business. . . .

“(3) Nothing in this section shall be construed to prohibit a person who holds the office of commissioner of election from being employed and receiving compensation pursuant to this section. Any compensation which such a person may receive from his employment pursuant to this section shall be in addition to any compensation such person may receive in performing his duties as a commissioner of election.”

This section does not prohibit an election commissioner “from being employed and receiving compensation pursuant to this section.” Therefore, the Board of Election Commissioners may employ, with the approval of the Board of Supervisors, such other persons as may be deemed necessary to enable the Board to discharge the duties and obligations of the office of election commissioner. If the Election Commissioners determine, with the approval of the Board of Supervisors, that serving as a member of the “Election Laws Reform Task Force” is a duty and obligation of the office, then such commissioner may receive compensation as specified under the provisions of Section 23-5-97.

If this office may be of any further assistance, do not hesitate to call or write.

Very truly yours,

Edwin Lloyd Pittman, Attorney General