Mississippi Advisory Opinions September 23, 2005: AGO 000016754 (September 23, 2005)
Collection: Mississippi Attorney General Opinions
Docket: AGO 000016754
Date: Sept. 23, 2005
Advisory Opinion Text
AGO 000016754.
DOCK 2005-0490
AUTH Phil Carter
DATE 20050923
RQNM Deveda Dillon
SUBJ Elections
SBCD 71
Dear Commissioner Dillon:
Attorney General Jim Hood has received your letter of request and assigned it to me for research and reply. Your letter states:
As Secretary of the Leflore County Election Commission I respectfully request an official opinion regarding this matter.
In order to be a candidate for Justice Court Judge in Leflore County one must be a qualified elector of the Justice Court District in which they seek to serve. Does the term "qualified elector" mean that one should be a registered voter at the same address as the address listed on the qualifying papers?
Mississippi Code Annotated Section 23-15-359 (8) (Supp. 2004) provides in part as follows:
The appropriate election commission shall determine whether each candidate is a qualified elector of the state, state district, county or county district they seek to serve, and whether each candidate meets all other qualifications to hold the office he is seeking ..... .
It has long been the opinion of this office that a candidate for the office of justice court judge must be a lawful resident of the district they seek to serve based, in part, on the above quoted statute, the constitutional requirement that only qualified electors are eligible to hold public office and the fact that one who is not a resident of a particular justice court district cannot be a qualified elector of that district. MS AG Op. Corbin (June 6, 1997). Where a potential candidate for justice court judge resides is a factual question which must be determined by the county election commission. If it is determined, consistent with the facts, that such candidate is a resident of the district he seeks to serve and is a registered voter of the county and is not otherwise disqualified, he would be entitled to have his name placed on the ballot even if the address given on his qualifying papers does not match his actual residence.
Sincerely,
JIM HOOD, ATTORNEY GENERAL
By:
Phil Carter Special Assistant Attorney General