B.Ragan - June 23, 2023 - Election Commissioners

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 June 23, 2023 Beverly Ragan, Chairman Tishomingo County Election Commission 1008 Battleground Drive, Room 112 Iuka, Mississippi 38852 Re: Election Commissioners Dear Ms. Ragan: The Office of the Attorney General has received your request for an official opinion. Question Presented May an election commissioner or a candidate running for the election commission be a member of a political party? Brief Response An election commissioner or a candidate running for election commissioner may be affiliated with a political party and may run for election with their party affiliation shown on the ballot. However, an election commissioner must refrain from showing favoritism to any candidate or group of candidates. Applicable Law and Discussion With respect to candidates for county election commissioner, Section 23-15-213(3) of the Mississippi Code provides that “[a]ll candidates shall declare in writing their party affiliation, if any, to the board of supervisors, and such party affiliation shall be shown on the official ballot.” Citing Section 23-15-217, the Mississippi Supreme Court has said: Perhaps more so than is the case with any other public official, the integrity of the office of Elections Commissioner must be totally beyond compromise or even perception of the possibility of compromise. The legislature has enacted that elections commissioners shall totally remove themselves from any taint or hint or suspicion of partnership. They must be aloof from partisan politics as much as Beverly Ragan, Chairman June 23, 2023 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 judges, if not more so. For what is at stake is public confidence in our system of self[-]government. By law, once Eddie Meeks or anyone else assumes the office of Elections Commissioner, he becomes obligated to stay out of any other electoral endeavor for the term of his office, period. If this seem harsh, it is certainly less so than the adverse impact upon the public interest if our people come to doubt the integrity of the system. Meeks v. Tallahatchie Cnty., 513 So. 2d 563, 569 (Miss. 1987). We note that Section 23-15-217 has been amended since the Court decided Meeks. However, the Court’s statement regarding impartiality of election commissioners is still valid. See also MS AG Op., Glaskox (June 21, 2019). Accordingly, any candidate for election commissioner may be a member of a political party and may run for election with their party affiliation shown on the ballot. However, an election commissioner must avoid even the appearance of impropriety and, therefore, must not participate in any election campaign other than their own. See MS AG Op., Miller (June 17, 2010). 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