Mississippi Advisory Opinions May 08, 1981: AGO 000004279 (May 8, 1981)

AGO 000004279.

Dear Mr. Gwin:

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

You write as a member of the Municipal Election Commission of the Town of Tchula and state in part:

"...Enclosed find a copy of letter from Herbert Granderson to the Election Commission. Also a copy of prior correspondence about this matter.

And you pose three questions which appear below, together with responses.

Question 1: "Is this a valid resignation?"

Response: Your question concerns an action already taken by a municipal officer of Tchula and, therefore, we regret that we cannot respond with an official opinion.

Any such opinion could neither validate nor invalidate the officer's action and the ultimate resolution of the matter is for a court of competent jurisdiction.

The following is given as a matter of information only and which may be of interest to you.

Ordinarily, the resignation of such a municipal officer would be tendered to the appointing authority--the governing authorities of the municipality in this instance. If the Municipal Election Commission happens to be the agent of the governing authorities for the purpose of delivery of a letter of resignation, then the document could be considered and formally acted upon by the governing authorities.

Question 2: "Should we ask the Town Board to appoint someone in his place.

Response: If a member of the Municipal Election Commission has resigned, the appointing authority for the Commission, the municipal governing authorities should promptly act to appoint a replacement.

Question 3: "In view of paragraph 9 page 33 of your 1981 Guide (enclosed) what should our action be in regard to his candidacy, and or counting of ballots cast for him. He has not attended any meetings which we have had in regard to upcoming election."

Response: If a person has resigned as municipal election commissioner, has satisfied statutory requirements for qualifying as a candidate, and has not as a matter of fact acted in any way as an election commissioner with reference to the election in which that person intends to run, then ballots otherwise lawfully cast for that person may be counted for that person.

With kind regards, I am

Very truly yours,

BILL ALLAIN, ATTORNEY GENERAL

BY:

S. E. Birdsong, Jr. Assistant Attorney General

SEB,Jr./mg