Alabama Advisory Opinions October 27, 2003: AGO 2004-015 (October 27, 2003)

Alabama Attorney General Opinions

2003.

AGO 2004-015.

Dear Mr. Hambrick:

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

QUESTION

May a resident of Scottsboro, who is otherwise qualified, seek the office of Jackson County Superintendent of Education?

FACTS AND ANALYSIS

The qualifications of county superintendents of education are set forth in section 16-9-2 of the Code of Alabama, which provides, in pertinent part, as follows:

(b) A county superintendent of education, whether elected or appointed, need not be a resident or qualified elector of the county in which he is to serve . In every county where the county superintendent of education is elected by popular vote, he shall be nominated and elected in the same manner as other county officers are nominated and elected under the state election laws.

Ala. Code § 16-9-2 (2001) (emphasis added).

Act 80-540, applicable to Jackson County, provides further for the election of the county superintendent and the members of the county board of education. This act states as follows:

Section 1. The Jackson County superintendent of education and several members of the Jackson County board of education shall hereafter be elected by only those qualified electors in the county who are residing outside the city limits of Scottsboro, Alabama.

Section 2. Any candidate for a seat on the board of education in Jackson County must be a resident of the district which he or she seeks to represent and any candidate for county superintendent of education must reside in Jackson County .

1980 Ala. Acts No. 80-540, 839 (emphasis added).

Under the local act, residents of the City of Scottsboro, although located in Jackson County, are not permitted to vote for the superintendent and board of education members for Jackson County. A resident of Scottsboro is not, however, prohibited from running for the office of superintendent of education for Jackson County.

The local act provides that a candidate for county superintendent of education must reside in Jackson County. The general state law, section 16-9-2(b), states, however, that a county superintendent of education is not required to be an elector or resident of the county. The subject of a local law is deemed to be subsumed in a general law if the effect of the local law is to create a variance from the provisions of the general law. Crandall v. City of Birmingham , 442 So. 2d 77, 80 (Ala. 1983). It is not necessary to address this issue in this opinion because, in this situation, the potential candidate is a resident of Jackson County; thus, he meets the residency requirements of both the general and local law.

CONCLUSION

A resident of Scottsboro, who is otherwise qualified, may be a candidate for the office of Jackson County Superintendent of Education.

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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