Mississippi Advisory Opinions December 23, 1992: AGO 000006483 (December 23, 1992)

AGO 000006483.

Dear Mr. Ruffin:

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

"I have been asked by the Jasper County Board of Supervisors, whom I represent, to request an opinion from you concerning whether or not the Board of Supervisors can authorize payment to the Circuit Clerk of the County serving as Registrar, pursuant to Section 23-15-225(3) of the Mississippi Code Annotated of 1972, as Amended, in addition to days that the Election Commissioners actually worked in performance of their duties.

Section 23-15-225 of the Mississippi Code Annotated, as Amended, provides as follows:

'..... and in assisting the election commissioners, executive committees or boards of supervisors in connection with any election, the registrar shall receive the same daily per diem and limitation on meeting as provided for the board of election commissioners as set out in Section 23-15-153 and 23-15-227 to be paid from the general fund of the county.'

Section 23-15-153 MCA provides that election commissioners shall be entitled to receive a per diem in the amount of $50.00 to be paid from the County General Fund for every day or fraction thereof, actually employed in the performance of their duties in the conduct of an election subject to limitations based on number of qualified electors in each County. Jasper County has some 11,700 qualified electors and falls under category B, which provides for no more than twenty-five days to be paid per election. In the recent general election on November 3, 1992, the election commissioners turned in no days for performance of their duty in this election. The Circuit Clerk turned in for pay a total of twenty-two (22) days at the rate of $50.00 per day, which is in compliance with the limitations of 23-15-153. As provided in 23-15-225(3) MCA, the words appear 'in assisting county election commissioners, board of supervisors, and executive committees'.

Our question is whether or not we can pay the County Registrar, or Circuit Clerk, for his days as provide in these sections, when in fact the election commissioners do not meet, nor do any other official bodies set out in the statute."

In response to your question, please see the enclosed copy of our opinion to Joe C. Griffin, Esquire, dated February 11, 1992. In our response to "Question 3" in Griffin we stated that we find no requirement that the election commission or executive committees actually be in session and present with the Registrar in order for the Registrar to perform ministerial tasks and be entitled to appropriate compensation. The board of supervisors, of course, retains the authority to audit any and all claims filed and, when appropriate, deny payment.

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

BY: Phil Carter Assistant Attorney General

PC:mfd Enclosure