Mississippi Advisory Opinions July 02, 1992: 19920702 (July 02, 1992)

Advisory Opinion Text

Constable James K. Cason

District Two

Harrison County

10597 Woolmarket Lake Road

Biloxi, Mississippi 39532

Re: RESIDENCY REQUIREMENT OF CONSTABLE

Dear Mr. Cason:

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

“I am presently serving as a Constable in District Two of Harrison County. I want to be a candidate in the August 4 Primary, for the position of Constable in the newly drawn lines of District Four of Harrison County.

In order to be certified for the August 4, 1992 Primary, I am requesting your opinion as to whether or not Section 171 of the Mississippi Constitution, as amended in 1975, and any applicable statutes, require that I reside in District Four of Harrison County; or whether Section 171 requires a residency in the County, not the District.

If your opinion is that Section 171 requires a residency in the District of the County in which I intend to be a candidate, I further request your opinion as to whether or not I can satisfy this requirement by moving to District Four prior to the Primary.”

While the determination as to whether you meet all the qualifications to be a candidate in a primary election must be made by the proper executive committee, we are enclosing a copy of an opinion addressed to Honorable June Castle–Nail, dated June 5, 1987 wherein we expressed our opinion that a candidate for constable must reside in the district in which they choose to run for election.

As to the possibility of moving into a new district and becoming eligible, we are enclosing a copy of our opinion addressed to Mrs. Lorena Dean, dated September 20, 1979 which states the general rule that the qualifications of a candidate for public office are required to be met at the time the candidate is elected which would be the general election following the primaries. Therefore, if you are a resident of the district you are seeking to serve at the time the executive committee meets to rule on candidate qualifications and will, subject to no contingencies, meet all requirements as of the date of the general election, you would be eligible to have your name placed on the primary election ballot.

Sincerely,

Mike Moore, Attorney General.