If a Mississippi city contracts with the county election commission to run its city elections, how much does the county get paid?

Plain-English summary

Mississippi cities have two ways to run their elections. The default is to maintain a municipal election commission with its own commissioners. The alternative, set out in Miss. Code Ann. § 23-15-221, is to abolish the municipal commission and pass an ordinance entering into an agreement with the county election commission to conduct the city's elections instead, which the statute frames as serving "the efficiency and conformity of elections."

Chairman Glaskox of Jackson County's commission asked the AG how the county commissioners get paid when they take on this work. The AG's answer was that the compensation is the amount agreed upon by the municipal governing authority and the county election commission, as authorized by § 23-15-221(2). There is no statutory rate. The AG cited prior opinions recognizing that municipal-election-commissioner compensation is fixed by ordinance of the municipal governing authority, and concluded that a city should fix the amount and method of compensation of the county commission by the agreement the statute authorizes.

Currency note

This opinion was issued in 2020. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Background and statutory framework

Miss. Code Ann. § 23-15-221 lets a city outsource its election administration to the county. Subsection (2) lays out the procedure:

The city council or board of aldermen or other governing authority of any municipality desiring to avail itself of the provisions of the Mississippi Election Code regarding the duties of municipal election commissioners shall adopt an ordinance declaring its intention to enter into an agreement with the municipality's county to have the county election commissioners conduct municipal elections and other functions that are performed by municipal election commissioners for the benefit of the efficiency and conformity of elections, to be effective on and after a date fixed in the ordinance which must be at least thirty (30) days after the ordinance is adopted and on the first day of a month.

The statute requires (1) an ordinance from the city, (2) declaring intent to contract with the county, (3) effective at least 30 days after adoption, (4) on the first day of a month. The compensation question is not addressed in the statutory text. That left a vacuum that the AG resolved by reference to long-standing AG opinions on municipal election-commissioner pay.

The AG cited three prior opinions, MS AG Op., Turnage (September 15, 2006), MS AG Op., Mitchell (December 18, 1998), and MS AG Op., Rogers (July 17, 1979), all standing for the same proposition: a municipality fixes the amount and method of compensation of its election commissioners by ordinance. The AG applied that principle to the § 23-15-221(2) arrangement, concluding that the city should fix the amount and method of compensation of the county election commission by the agreement the statute authorizes.

Common questions

Q: Is there a statutory rate for what a city pays the county commission?
A: No. The opinion found no statutory floor or ceiling. Under § 23-15-221(2), the compensation is whatever the municipal governing authority and the county election commission agree on in the authorized agreement.

Q: How does the city set the compensation?
A: The AG's prior opinions establish that municipal election-commissioner compensation is fixed by ordinance of the municipal governing authority. The opinion concluded that a city using the § 23-15-221(2) arrangement should fix the amount and method of compensation of the county commission through the agreement the statute authorizes.

Q: When does the arrangement take effect?
A: Section 23-15-221(2) requires the city's ordinance to set an effective date at least 30 days after the ordinance is adopted, falling on the first day of a month. The opinion did not address renewals or other timing scenarios beyond the statutory text.

Citations and references

Statutes:

• Miss. Code Ann. § 23-15-221 (City may abolish municipal commission and contract with county)
• Miss. Code Ann. § 23-15-221(2) (Procedure for ordinance and effective date)

Prior AG opinions:

• MS AG Op., Turnage (September 15, 2006)
• MS AG Op., Mitchell (December 18, 1998)
• MS AG Op., Rogers (July 17, 1979)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2020/07/D.Glasskox_June-5-2020-County-Election-Commissioners-Conducting-Municipal-Elections.pdf

Original opinion text

June 5, 2020

Honorable Danny Glaskox
Chairman, Jackson County Election Commission
Post Office Box 998
Pascagoula, Mississippi 39568

Re: County Election Commissioners Conducting Municipal Elections

Dear Mr. Glaskox:

The Office of the Attorney General is in receipt of your request for the issuance of an official opinion.

Question Presented

If the governing authorities of a municipality adopt an ordinance abolishing its municipal election commission and thereafter enter into an agreement with the County Election Commission to conduct its municipal elections pursuant to Miss. Code Ann. Section 23-15-221, what compensation would the county commissioners receive for conducting those municipal elections?

Brief Response

If the municipal governing authority adopts an ordinance pursuant to Section 23-15-221 by which to enter into an agreement with the county election commission to conduct its municipal elections, compensation of the county election commission would be in such amount as agreed upon by the municipal governing authorities and the county election commission as authorized by said statute.

Applicable Law and Discussion

Section 23-15-221(2) states, in relevant part, as follows:

The city council or board of aldermen or other governing authority of any municipality desiring to avail itself of the provisions of the Mississippi Election Code regarding the duties of municipal election commissioners shall adopt an ordinance declaring its intention to enter into an agreement with the municipality's county to have the county election commissioners conduct municipal elections and other functions that are performed by municipal election commissioners for the benefit of the efficiency and conformity of elections, to be effective on and after a date fixed in the ordinance which must be at least thirty (30) days after the ordinance is adopted and on the first day of a month. ...

As for the amount and method of compensation of municipal election commissioners, this office has long recognized that such is fixed by the municipal governing authority by ordinance. See MS AG Op., Turnage (September 15, 2006); MS AG Op., Mitchell (December 18, 1998); MS AG Op., Rogers (July 17, 1979). Therefore, municipalities, seeking to adopt an ordinance in order to enter into an agreement with the municipality's county election commission to conduct its municipal elections, should fix the amount and method of compensation of the county election commission by said agreement as authorized by Section 23-15-221(2).

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/ Phil Carter
Phil Carter
Special Assistant Attorney General