As Amended
SEC. 23-15-217. County election commissioner authorized to be candidate for other office; resignation from office; duties and powers of board of supervisors where election of county election commissioner is contested.
(1) A commissioner of election of any county may be a candidate for any other office at any election held or to be held during the four-year term for which he has been elected to the office of commissioner of election or with reference to which he has acted as such; provided that he has resigned from the office of election commissioner before January 1 of the year in which he desires to seek the office.
(2) In any case involving the election of a county election commissioner wherein there is a contest of any nature including, but not limited to, the right of any person to vote or the counting of any challenge ballot, all the duties and powers of the commission in connection with said contest shall be performed by the board of supervisors, as is contemplated by Section 23-15-215 in cases where there are no commissioners of election in the county.
SOURCES: Derived from 1972 Code Secs. 23-5-95 [Codes, 1871, Sec. 342; 1880, Sec. 122; 1892, Sec. 3634; 1906, Sec. 4141; Hemingway's 1917, Sec. 6775; 1930, Sec. 6213; 1942, Sec. 3242; Laws, 1968, ch. 568, Sec. 3; Repealed by Laws, 1986, ch. 495, Sec. 331]; En, Laws, 1986, ch. 495, Sec. 57; 1989, ch. 483, Sec. 1, eff from and after passage approved March 29, 1989). Laws, 1991, ch. 613, Sec. 1, eff from and after August 14, 1991 (the date the United States Attorney general interposed no objections to this amendment).