Mississippi Advisory Opinions March 08, 2019: AGO 2019-00066 (March 08, 2019)

Advisory Opinion Text

Ms. Sammie Good

Claiborne County Circuit Clerk

Post Office Box 549

Port Gibson, Mississippi 39150-0549

Re: Duties Deputy Clerks are Allowed to Perform While Seeking Office

Dear Ms. Good:

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

Issue

Your letter states, in pertinent part:

I am retiring this year, and two of my deputies are seeking the office of Circuit Clerk. Please advise on the duties in which they are allowed to perform, if any, during this year's election cycle. Also, another one of my clerks is seeking the office of Supervisor, District 1. The same question applies to her.

Response

There are no statutory restrictions on which duties a circuit clerk or deputy circuit clerk may perform in connection with an election when his/her name appears on the ballot as a candidate. However, Section 23-15-631(1)(e) of the Mississippi Code specifically prohibits candidates for public office from being an attesting witness for any absentee ballot. Therefore, a deputy circuit clerk who is a candidate cannot act as an attesting witness for absentee ballots upon which his/her name appears. Ideally, though not required by law, someone other than a deputy clerk who is a candidate should assist voters casting absentee ballots in the office of the circuit clerk.

Circuit clerks are required to assist party executive committees and their county election commissioners in connection with any election. See Section 23-15-225(3).

In order to avoid any appearance of impropriety, we strongly suggest that, if possible, the deputy clerks in question not participate in assisting party executive committees and/or the county election commission when they meet to rule on candidate qualifications, appoint poll managers, certify election results or take any other action that could be viewed as an opportunity to influence the eventual results of an election. Your factual scenario raises potential ethical issues regarding use of office and/or appearance of impropriety. You should contact the Mississippi Ethics Commission concerning these issues.

Sincerely,

Jim Hood, Attorney General.

Phil Carter, Special Assistant Attorney General.