Mississippi Advisory Opinions December 21, 1989: AGO 000003936 (December 21, 1989)

AGO 000003936.

Dear Mr. Griffith:

Attorney General Mike Moore has received your letter requesting an official opinion and has assigned it to me for research and reply.

Your letter presents for opinion several questions pertaining to members of county democratic executive committees.

These questions, as well as our responses, are equally applicable to members of county republican executive committees.

Your specific questions are as follows, to-wit:

1. May a member of a County Democratic Executive Committee also serve on a Municipal Democratic Executive Committee within that same county?

2. May a member of a County Democratic Executive Committee serve as manager, clerk or other election official appointed by the County Commissioners of Election to serve in general elections?

3. May a member of a County Democratic Executive Committee resign from such committee and thereafter be a candidate for any office within such county, including countywide, district or municipal office?

4. May a member of a County Democratic Executive Committee simultaneously serve as Justice Court Judge or in any other elected countywide or district office?

As you point out in your letter, the Supreme Court of the State of Mississippi in 1988 decided the case of Breland v. Mallett, 527 So.2d 629 (Miss. 1988). In this case, the court held that the statutory prohibition against election commissioners seeking other office during their terms of office also applied to members of party executive committees. The court found that the prohibition contained in Section 23-15-217, Miss.

Code Ann. was incorporated within the provisions of Section 23-15-263, Miss. Code Ann. (Section 23-15-217 applies to election commissioners and Section 23-15-263 applies to party executive committee members.) The court stated that these sections were enacted to maintain and preserve the integrity of elections and ballot boxes. This conclusion was an extension of the court's decision in 1987 in the case of Meeks v. Tallahatchie County, 513 So.2d 563 (Miss. 1987) which held that election commissioners could not remove their disability from seeking other office during their terms by resigning their election commission positions.

In response to these decisions, the Mississippi Legislature in 1989 enacted Chapter 483, Mississippi Laws of 1989, which amended Sections 23-15-217 and 23-15-263. Chapter 483 continued the prohibition against election commissioners seeking other office during their terms of office as commissioners. In enacting Chapter 483, the legislature virtually adopted the supreme court's interpretation of the disqualifying language of Section 23-15-217. With respect to party executive committee members, the legislature amended section 23-15-263 to permit party executive committee members to seek other office during their executive committee terms.

Section 23-15-263(1) and (2), as amended by Chapter 483, supra, now provides as follows:

23-15-263. Duties of county executive committees at primary elections.

(1) The county executive committee at primary elections shall discharge the functions imposed upon the county election commissioners, except as to revising the registration and pollbooks, and shall be subject to all the penalties to which county election commissioners are subject, except that Section 23-15- 217 shall not apply to members of the county executive committee who seek elective office.

(2) A member of a county executive committee shall be automatically disqualified to serve on the county executive committee, and shall be considered to have resigned therefrom, upon his qualification as a candidate for any elective office. The provisions of this subsection shall not apply to a member of a county executive committee who qualifies as a candidate for a municipal elective office.

In view of the above, it is the opinion of this office that a member of a county executive committee can also serve on a municipal party executive committee within the same county.

Also, a member of a county executive committee may also serve in a general election as a manager, clerk or other election official appointed by the county commissioners of election. Furthermore, it is the opinion of this office that a county party executive committee member may resign from such committee and thereafter be a candidate for any office within such county including countywide, district or municipal office. As provided by Section 23-15-263, the mere act of qualifying for another county office operates as a resignation of the executive committee position. It should be pointed out that Section 23-15-263 now allows a county party executive committee member to continue in that position and simultaneously seek and hold a municipal office.

With regard to your last question, it is now clear that a county party executive committee member cannot simultaneously serve as a Justice Court Judge or any other elected countywide or district office, for as stated above, the act of qualifying for another county office operates as a resignation of the executive committee position.

We hope that we have been responsive to your inquiry. If we can be of any further assistance, please let us know.

Sincerely,

Mike Moore, Attorney General

By: Giles W. Bryant Special Assistant Attorney General

/jw