Mississippi Advisory Opinions January 16, 1991: 19910116 (January 16, 1991)

Advisory Opinion Text

Honorable Melba Ezell

Circuit Clerk

Post Office Box 267

Meadville, Mississippi 39653

Dear Ms. Ezell:

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

“A question has arisen over the residence of a man who is a pastor of a church in one district where he resides in the parsonage but owns a house in another district, which he is renting to someone. He would like to run for supervisor in the district in which he owns the house, could you please give me your opinion on this subject?

Also, I have people coming into my office to qualify to run for supervisor. Until redistricting has taken place, I am of the opinion that they do not know what district they will be in, and thus cannot qualify. Could you give me your opinion on this?”

In response to your first question and from the facts presented in your letter it is apparent that the potential candidate is not receiving the benefits of homestead exemption on the house he owns. The determination of his residency for election purposes then becomes a question of fact to be determined by the Franklin County Election Commission. The guidelines that should be followed in making this determination are set forth in the attached opinion addressed to Ms. Essie Conaway et al., dated September 20, 1989.

In response to your second question it is the opinion of this office that all qualifying papers tendered to you must be accepted and processed in the usual manner. It is suggested that each candidate who is seeking the office of supervisor be advised of the possibility that the redistricting process may change the district in which he can lawfully be a candidate. If a candidate files his statement of intent and pays the filing fee to be a candidate in a party primary election and his district of residence is changed by the redistricting process, the statement of intent could be administratively amended by the appropriate party executive committee to reflect such change. The candidate should be promptly notified of such administrative change.

In regard to independent candidates, the county election commission or the county registrar could make the necessary administrative change on a qualifying petition if a candidate's district of residence is changed by redistricting. Also such candidate could be required to file a supplemental petition if the result of redistricting is to place some of the signees of the petition in a district different from that of the candidate. Such candidates should be informed of this possibility at the time they file their petitions.

Sincerely,

Mike Moore, Attorney General.

Phil Carter, Special Assistant Attorney General.