Mississippi Advisory Opinions March 09, 1993: AGO 93-0119 (March 09, 1993)

Advisory Opinion Text

Ms. Cheryl Chaney

Town Clerk

404 Bank Street

Union, Mississippi 39365

Re: Convicted Felon as Candidate

Dear Ms. Chaney

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

“I would like to request a speedy opinion on the following as it pertains to a person qualifying for the upcoming election:

Can a person who was 17 years old and tried as an adult and convicted of aggravated assault on a highway patrol officer in 1975 in the Newton County Circuit Court be allowed to qualify to run for Mayor or for the Board of Aldermen? Also, if he cannot run what can he do if anything to be allowed to run? This person also registered to vote in the county several years after this conviction.

I would appreciate your answer to these questions as soon as possible.”

Section 44, Mississippi Constitution of 1890 provides in part:

“No person shall be eligible to a seat in either house of the legislature, or to any office of profit or trust, who shall have been convicted of bribery, perjury, or other infamous crime; ....” (emphasis ours)

Mississippi Code Annotate § 1–3–19 (1972) provides:

“The term ‘infamous crime, ’ when used in any statute, shall mean offenses punished with death or confinement in the penitentiary.”

Section 97–3–7(2) provides in part:

“A person is guilty of aggravated assault if he (a) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; or (b) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; and, upon conviction, he shall be punished by imprisonment in the county jail for not more than one (1) year or in the Penitentiary for not more than twenty (20) years. Provided, however, a person convicted of aggravated assault upon a law enforcement officer, .... shall be punished by a fine of not more than Five Thousand Dollars ($5, 000.00 or by imprisonment for not more than thirty (30) years or both.”

Based on the above, it is the opinion of this office that a person convicted of the crime of aggravated assault on a law enforcement officer is disqualified from holding public office. Therefore, if the proper election officials find, as a matter of fact, that a potential candidate has been convicted of such crime they could not legally allow his name to be placed on the ballot.

In order for a person with such a conviction to again become eligible to hold public office he must obtain a full pardon from the Governor.

You note that this person has registered to vote after his conviction. The crime of aggravated assault is not listed in Section 241 of the Mississippi Constitution as a “disqualifying crime”. Therefore, while one with such a conviction is disqualified from holding public office, he is not disqualified from voting.

Very truly yours,

Mike Moore Attorney General

Phil Carter, Assistant Attorney General.