Q We have a vacancy in the Office of Election Commissioner. May the Board of Supervisors appoint the wife of one of its members to fill that vacancy? May the Supervisor from that district perform the duties of an election commissioner until the special election is held?

A The appointment of a Supervisor’s wife to fill the Election Commissioner vacancy would violate the nepotism statute, Section 25-1-53 and is therefore prohibited. Under Section 23-15-215, the Board of Supervisors is authorized to perform the duties of the County Election Commission if there are no Commissioners or if they fail to act. There is no authority for an individual Supervisor to act as a member of an existing County Election Commission. (Attorney General’s Opinions to Daughdrill, January 30, 2015)