MS 2023-06-B-Ragan-June-23-2023-Election-Commissioners June 23, 2023

In Mississippi, can someone running for county election commissioner show a political party label on the ballot, and can a sitting commissioner stay in their party?

Short answer: Yes, with strict limits. A candidate for county election commissioner may declare a party affiliation and have it printed on the ballot under Section 23-15-213(3). A sitting commissioner may remain in their party but must avoid any taint of partisanship: no participating in campaigns other than their own. The Mississippi Supreme Court has called this duty stronger than the duty owed by judges.

Disclaimer: This is an official Mississippi Attorney General opinion. AG opinions are persuasive authority but not binding precedent. This summary is for informational purposes only and is not legal advice. Consult a licensed Mississippi attorney for advice on your specific situation.

Subject

Election Commissioners and Political Party Affiliation

Recipient

Beverly Ragan, Chairman, Tishomingo County Election Commission

Plain-English summary

Tishomingo County's election commission chairman asked whether members and candidates for election commissioner can be associated with a political party. The AG drew a careful line. Section 23-15-213(3) requires every candidate for the office to declare in writing their party affiliation, "if any," and that affiliation appears on the ballot. So a candidate can absolutely belong to a party and run as such.

But once in office, the calculus changes. Citing the Mississippi Supreme Court's 1987 Meeks decision, the AG repeated that an election commissioner's neutrality must be "totally beyond compromise or even perception of the possibility of compromise." Commissioners must "totally remove themselves from any taint or hint or suspicion of partnership," staying as aloof from partisan politics "as much as judges, if not more so." The practical translation is that an election commissioner cannot participate in any election campaign other than their own. They can stay in a party. They cannot work it.

What this means for you

Sitting election commissioners

You can be a registered Republican, Democrat, independent, or any other party. You cannot, while in office, knock doors for the gubernatorial nominee, host a fundraiser for a candidate, donate visibly to a campaign, post yard signs in your yard for someone else, hand out candidate literature, or attend partisan rallies in support of a candidate. The Meeks rule is that even the appearance of impropriety is the line. Plan your social media accordingly. If you are unsure whether something crosses the line, sit it out.

Candidates for election commissioner

You declare your party affiliation in writing to the board of supervisors and it shows up on the ballot. You can campaign as a member of that party, take party endorsements, and use party infrastructure. The AG was clear that the candidate role and the post-election role are different.

County boards of supervisors

You receive the written declarations of party affiliation under Section 23-15-213(3). Make sure the ballot is prepared with the declared affiliations. There is no statutory bar to a partisan candidate; the bar attaches only to in-office conduct.

Citizens

If you see your county election commissioner working another candidate's campaign, that is the kind of conduct the Mississippi Supreme Court called out as a threat to public confidence. Report it to the Secretary of State's office or seek counsel about a removal action. The standard the Court set is unusually strict, much stronger than the typical conflict-of-interest rule.

Political parties

You can endorse, fund, and support candidates for election commissioner. After they win, treat them as off-limits for partisan work. A donor list or campaign volunteer roster that includes a sitting commissioner invites the kind of perception-based attack that Meeks condemned.

Common questions

Can an election commissioner vote in a primary?
Voting is a personal civic act and is not the kind of "participation" the Court worried about in Meeks. The opinion does not specifically address primary voting; the bar is on participating in campaigns, not on voting.

Can a commissioner contribute money to a candidate?
The AG opinion does not address campaign contributions specifically, but the broader Meeks duty against any "taint or hint or suspicion of partnership" is a strong cautionary signal. The safest course is to refrain entirely.

Does this rule apply only during election season?
No. Election commissioners hold the office continuously, and the duty of impartiality is continuous. Off-cycle partisan work is still partisan work.

Can a commissioner serve on a party's executive committee?
Practically no. Serving on a party committee is participation in the party's electoral activity, exactly what Meeks bars.

Can a commissioner run for re-election?
Yes, the AG explicitly preserved that. Their own campaign is the one election campaign they can participate in. Once re-elected, the bar resumes.

Has Section 23-15-217 changed since Meeks?
Yes, but the Court's articulation of the impartiality standard is still good law per the AG. See also MS AG Op., Glaskox (June 21, 2019) for a more recent restatement.

Background and statutory framework

Section 23-15-213(3) provides that "[a]ll candidates [for county election commissioner] 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." The "if any" makes party affiliation optional but the disclosure mandatory.

Section 23-15-217 governs election commissioner conduct. Although the statute has been amended since the Mississippi Supreme Court decided Meeks in 1987, the Court's standard remains the AG's reference point: commissioners must be at least as aloof from partisan politics as judges, and must avoid any conduct that suggests partnership with a candidate or party slate. The AG has reaffirmed that standard in Glaskox (June 21, 2019), and earlier in Miller (June 17, 2010), which similarly cautioned against participation in campaigns beyond the commissioner's own.

The combined statutory and case-law framework lets commissioners carry party identity into the office (people are not erased of their political views by election) but bars them from acting on that identity in ways that would compromise the perceived neutrality of the office.

Citations

Miss. Code Ann. § 23-15-213(3) (candidate party affiliation declaration and ballot listing)
Miss. Code Ann. § 23-15-217 (election commissioner conduct standards)
Meeks v. Tallahatchie Cnty., 513 So. 2d 563, 569 (Miss. 1987) (impartiality duty stronger than that of judges)
MS AG Op., Glaskox (June 21, 2019) (reaffirming Meeks standard)
MS AG Op., Miller (June 17, 2010) (commissioners may not participate in campaigns other than their own)

Source

Original opinion text

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
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