J.Tate - November 23, 2021 - Constitutionality of Mississippi Code Annotated Section 23-15-213(1)

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 November 23, 2021 The Honorable Jeff Tate Member, Mississippi State Senate Post Office Box 1018 Jackson, Mississippi 39215-1018 Re: Constitutionality of Mississippi Code Annotated Section 23-15-213(1) Dear Senator Tate: The Office of the Attorney General has received your request for an official opinion. Question Presented Under Article 12, Section 250 of the Mississippi Constitution of 1890, is it constitutional to require a county election commissioner to satisfactorily complete a skills assessment after the commissioner has both qualified for the office and been elected to the office, as is provided for in Mississippi Code Annotated Section 23-15-213(1)? Brief Response Statutes passed by the Mississippi Legislature are presumed constitutional until a court of competent jurisdiction rules otherwise. MS AG Op., Capps at *2 (Sept. 6, 1996) (citing Mississippi Power Co. v. Goudy, 459 So. 2d 257 (Miss. 1984)). To our knowledge, no court to date has held that Section 23-15-213 is unconstitutional. If this office may be of any further assistance to you, please do not hesitate to contact us. Sincerely, LYNN FITCH, ATTORNEY GENERAL By: /s/ Beebe Garrard Beebe Garrard Special Assistant Attorney General