Mississippi Advisory Opinions November 16, 1984: AGO 000010331 (November 16, 1984)

AGO 000010331.

Dear Ms. Sulser:

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

Your letter states:

"I am writing in regard to a request from Lafayette County's Registrar, Edna Shellabarger, to appoint two Lafayette County Election Com- missioners as deputy registrars. Does the State view this as a conflict of interest as it relates to the official duties of election commissioners?

I am requesting a written opinion as to whether these commissions should be denied or accepted."

In response to your inquiry please see the enclosed copy of an opinion addressed to Honorable Wendell B. Gavin, dated August 14, 1980.

In summary that opinion states that the county election commission might easily be required to pass on acts of the registrar or conduct an election in which the registrar is a candidate which could result in a conflict of interest.

Although we are aware that the law governing the appointment of deputy registrars was amended by Chapter 460, Laws of 1984, it remains the opinion of this office that simultaneously serving as deputy county registrar and county election commissioner constitutes an inherent conflict of interest between the two sets of duties and is therefore not legally permissible.

Very truly yours,

EDWIN LLOYD PITTMAN, ATTORNEY GENERAL

BY Phillip C. Carter Special Assistant Attorney General

PCC:mfd Enclosure