Q May a county election commissioner be a candidate for a city council seat?

A No. Section 23-15-217 provides that in order for a county election commissioner to be a candidate for any other office, he or she must have resigned from the office of election commissioner before January 1 of the year in which he or she desires to seek the other office, except in case of a special election to fill a vacancy. (Attorney General’s Opinion to Armstrong, April 5, 2013) NOTE: Senate Bill 2308, passed in the 2013 session, is “AN ACT TO AMEND SECTION 23-15-217, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A COMMISSIONER OF ELECTION OF A COUNTY MAY SEEK ANOTHER OFFICE DURING HIS FOUR-YEAR TERM AS ELECTION COMMISSIONER IF HE RESIGNS FROM THE OFFICE OF ELECTION COMMISSIONER PRIOR TO QUALIFYING FOR THE OFFICE HE DESIRES TO SEEK; AND FOR RELATED PURPOSES.” This bill will NOT take effect until precleared by the US Department of Justice, and will NOT take effect prior to the May municipal elections.