Mississippi Advisory Opinions January 28, 1987: 19870128 (January 28, 1987)

Advisory Opinion Text

Honorable James E. Dees

Circuit Clerk

Tippah County

Tippah County Courthouse

Ripley, Mississippi 38663

Elections Qualifications of Candidates

Dear Mr. Dees:

Attorney General Edwin Lloyd Pittman has received your letter of request and has assigned it to me for research and reply.

Your letter states as follows:

In light of Miss.Code Ann.Sec. 19-23-9, may an individual who expects to be licensed to practice law in August of 1987 qualify as a candidate for County Attorney in the 1987 elections? Such individual, if elected, would take office in January of 1988.

Generally, qualifications to make one eligible to be a candidate for public office are required to be met at the time such candidate is elected. Plunkett v. Miller, 162 Miss. 149, 137 So. 737 (1931) . Unless the proposed candidate can provide absolute proof, subject to no contingencies, that he will possess the qualifications for county attorney on the date of the election, an election commission or county executive committee could properly refuse to place his name on the ballot. Please find enclosed a copy of a prior opinion to the Honorable Beryl G. Toler, dated October 28, 1983, which is in accord with this opinion.

Should you have any questions or if we may be of any further assistance, please do not hesitate to contact this office.

Very truly yours,

Edwin Lloyd Pittman, Attorney General.