Mississippi Advisory Opinions August 06, 1999: AGO 1999-0229 (August 06, 1999)

Advisory Opinion Text

Rep. Thomas U. Reynolds

Mississippi House of Representatives

P.O. Drawer 220

Charleston, MS 38921

Re: Qualifications For Membership on a Local Community College Board

Dear Rep. Reynolds:

Attorney General Mike Moore has received your request for an official opinion and has assigned it to me for research and reply. Yours letter states and asks:

Does a community college member vacate his seat on the Community College Board, to which he was appointed by a county, if he ceases to be a registered voter of the county from which he was appointed or he no longer resides in the county from which he was appointed?

Miss. Code Ann. Section 37-29-65 (1972) provides the terms and methods of selection for members of the Community College Board. There shall be one board member chosen from each supervisor's district. The general rule is that all qualifications must be met during the term of office.

In response, the Mississippi Constitution, Article 12, Section 241, provides the qualifications that must be met in order to be a qualified elector in the State of Mississippi. One of these qualifications is that the person must be “duly registered” to vote.

In a previous opinion from this office, we opined that “the question of whether an official has ‘removed’ out of the jurisdiction for which he or she was elected or appointed is one of fact.” MS AG Op., Johnson (January 19, 1996). Further, the Supreme Court of Mississippi, in Hubbard v. McKey , held that domicile, once established, continues until the person moves to another locality with the intent to remain. 193 So.2d 129 (1966) . Therefore, the Community College Board member no longer meets the qualifications of office should the remaining members of the board determine that he has permanently removed out of the district for which he was appointed.

Article 12, Section 250 continues:

All qualified electors and no others shall be eligible to office, except as otherwise provided in this Constitution; provided, however, that as to an office where no other qualification than that of being a qualified elector is provided by this Constitution, the legislature may, by law, fix additional qualifications for such office.

Therefore, it is the opinion of this office that a member of the Community College Board must be a registered voter in the county in which he was appointed in order to retain his or her office.

If this office can be of any further assistance, please contract us.

Very truly yours,

Mike Moore, Attorney General

Sandra Murphy Shelson, Special Assistant Attorney General