Alabama Advisory Opinions April 24, 2002: AGO 2002-213 (April 24, 2002)

AGO 2002-213.

Dear Judge Hagler:

This opinion of the Attorney General is issued in response to your request.

Does a candidate for district attorney for Dale and Geneva Counties have to be a resident of Dale or Geneva County for at least 12 months at the time he qualifies for election, at the time of the party primaries, or at the time of the general election?

Section 12-17-183 of the Code of Alabama establishes the residency requirements for district attorneys and states as follows:

Every district attorney must have resided in the circuit for which he is elected or appointed for at least 12 months preceding his election or appointment and must reside in such circuit during his continuance in office.

ALA. CODE § 12-17-183 (1995) (emphasis added).

A candidate is selected as the nominee of the party at the primary election and is elected at the general election. See ALA. CODE § 17-16-36 (1995). Thus, the 12-month residency requirement is measured from the date of the general election. Opinion to Honorable Albert Morton and Honorable Mary Sue McClurkin, Members, House of Representatives, dated March 4, 2002, A.G. No. 2002-166.

A district attorney must have resided in the circuit for which he is elected for at least 12 months preceding the general election.

I hope this opinion answers your question. If this Office can be of further assistance, please contact Brenda F. Smith of my staff.

Sincerely,

BILL PRYOR

Attorney General

By: CAROL JEAN SMITH

Chief, Opinions Division

BP/BFS

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