Mississippi Advisory Opinions April 18, 2003: AGO 000015584 (April 18, 2003)

AGO 000015584.

Dear Mr. McMullin:

Attorney General Mike Moore has received your letter of request and assigned it to me for research and reply. Your letter states:

Because of redistricting, questions have arisen regarding the certification of an independent candidate for supervisor.

The facts are as follows:

1. On Monday, February 25, 2002 the Warren County Board of Supervisors adopted Plan 4(a) for the redistricting of supervisory districts, subject to the approval of the Department of Justice.

2. On Tuesday, June 25, 2002, the Warren County Board of Supervisors adopted Plan 2 for the redistricting of justice court/constable districts, subject to the approval of the Department of Justice.

3. On Tuesday, December 10, 2002 the Warren County redistricting plans were submitted to the Department of Justice by the Central Mississippi Planning and Development District, consultant to the Board for redistricting.

4. On Thursday, February 6, 2003 the Department of Justice issued an approval letter for the redistricting plans for the supervisory and justice court/constable districts. The letter was received by Central Mississippi Planning and Development District on Tuesday, February 11, 2003.

5. By hand delivered letter on Tuesday, February 11, 2003, the Warren County Board of Supervisors provided notice to the Warren County Election Commission and the Warren County Circuit Clerk and Chancery Clerk that the plans adopted by the Board of Supervisors had been approved by the Department of Justice. That same day, maps of the adopted and approved redistricting plans were placed in the Warren County Circuit Clerk's office.

6. On Friday, February 28, 2003 a prospective candidate for supervisor, who resided in the former District 1, presented his qualification paperwork to run for the post in District 1. He was directed to the map in the circuit clerk's office by the deputy clerk, looked a the map of the adopted and approved redistricting plan map for supervisory districts and filed to run for supervisor in District 1.

7. Subsequent to the filing deadline, the election commission undertook the certification of independent candidates who had submitted their qualifying documentation in a timely manner.

8. It was discovered that the prospective candidate no longer resided in District 1; as the result of the adopted and approved redistricting plan, he now resides in District 2. This candidate presumably meets all requirements for certification except residency to run for supervisor in District 1.

The questions are as follows:

1. Can the candidate be certified to run for supervisor in District 1, even though he no longer resides in District 1?

2. Can the candidate be certified to run for supervisor in District 2, even though a majority of the qualified electors who signed his qualifying documents may reside in the former and current District 1?

In response to your first question, Section 250, Mississippi Constitution of 1890 provides that "qualified electors and no others shall be eligible to office". In order to be a qualified elector of a supervisor district one must reside within the boundaries of that district. Therefore, one may not be certified as a candidate for supervisor of a district in which he does not reside.

In response to your second question, please see the enclosed copy of our opinion to Honorable Melba Ezell, dated January 16, 1991. In that opinion we said that a county election commission or the county registrar may make the necessary administrative change on a qualifying petition if a candidate's district of residence is changed by redistricting. We further said that a candidate could be required to file a supplemental petition if the result of resdistricting is to place some of the signees of the petition in a district different from that of the candidate.

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

By:

Phil Carter

Special Assistant Attorney General