Mississippi Advisory Opinions February 19, 1992: AGO 000005629 (February 19, 1992)

AGO 000005629.

Dear Mr. Barnett:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. Your letter states:

"The Chairman of the Tupelo Municipal Elections Commission has requested an Attorney General's opinion regarding municipal election commissioners resigning from office and running for municipal office. In the past, each county election commissioner was barred from candidacy for county elective offices during the four years of the commissioner's term, even if the commissioner resigned well in advance of the election.

Previous Attorney General opinions ruled that municipal elections commissions would be treated the same way with regard to municipal elections.

In 1991, the Mississippi Legislature amended Section 23-15-217 of the Mississippi Code of 1972 to allow the county elections commissioner to run for county office if he or she resigned form the commission prior to January 1 of the year in which the election was held.

Since the prior Attorney General opinions for municipal officials were based on analogies to the statute regarding county election commissioners, it appears that the January 1 resignation dated would apply to municipal elections commissioners who desire to run for municipal office as well. On behalf of the Tupelo Election Commissioners, I request an Attorney General's opinion confirming our supposition or clarifying the matter."

In response to your inquiry please see the enclosed copy of an opinion addressed to Ms. Patricia A. Keyes, dated December 13, 1991 which states our opinion that a municipal election commissioner may seek an elective municipal office provided he resigns as commissioner before January 1 of the year he desires to seek said office.

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

BY: Phil Carter Special Assistant Attorney General PC:mfd Enclosure