Mississippi Advisory Opinions March 21, 2003: AGO 000015535 (March 21, 2003)
Collection: Mississippi Attorney General Opinions
Docket: AGO 000015535
Date: March 21, 2003
Advisory Opinion Text
AGO 000015535.
DOCK 2003-0131
AUTH Heather Wagner
DATE 20030321
RQNM John Gregory
SUBJ Elections
SBCD 71
TEXT John Andrew Gregory, Esq.
Attorney at Law
Post Office Box 466
Okolona, Mississippi 38860
Dear Mr. Gregory:
Attorney General Mike Moore has received your request for an official opinion and has assigned it to me for research and response. Your letter reads as follows:
I represent the Board of Supervisors of Chickasaw County, Mississippi, and assisted them in preparing the submission to the Justice Department redistricting plans for Justice Court Judges and Constables.
On March 3, 2003, I received a letter dated February 27, 2003, wherein the Justice Department did not interpose any objection to our new redistricting plan. Previously, before the March 1, 2003, qualifying deadline for those offices, the Board of Supervisors adopted this plan, subject to the approval of the Justice Department. Since the Justice Department approval came after the qualifying deadline, those persons that have qualified to run in both districts will be qualified in the respective districts that they find themselves under the new plan. I do not know of any authority that allows us to extend the qualifying deadline. My question is: Are all of my assumptions correct? Please provide me with an opinion regarding this.
* * * * *
It is the opinion of this office that in the circumstances you have described above, a candidate who, by virtue of a necessary redistricting, now resides in a district other than the one for which they qualified, should be qualified as a candidate in the new district. A candidate may have the option of moving back into the "old" district, depending upon whether any residency requirements exist for the office. MS AG Op, Sautermeister (April 30, 1991); MS AG Op., Ferguson (July 19, 1995). If the individual is a party candidate, the party executive committee would have the authority to place that person on the ballot in the appropriate district. In the case of an independent candidate, the county or municipal election commission would have that authority. MS AG Op., Ezell (January 16, 1991).
If our office may be of further assistance, please advise.
Sincerely,
MIKE MOORE, ATTORNEY GENERAL
By:
Heather P. Wagner
Assistant Attorney General