Mississippi Advisory Opinions September 22, 1983: 19830922 (September 22, 1983)

Advisory Opinion Text

Honorable John Barrett

Election Commissioner

Post Office Box 231

Macon, Mississippi 39341

Re: Elections - Qualifications of Candidates

Dear Mr. Barrett:

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

Your letter states:

“I am writing you this letter in my capacity as Election Commissioner for District Two (2), Noxubee County, Mississippi. My questions to you are as follows:

“1. Is it required that a candidate for the office of Supervisor own real estate of the value of $1, 500.00?

“2. If the answer to the first question is yes, then must that candidate own real estate of the value of $1, 500.00 prior to the time of qualifying to run as an independent candidate in the November General Election?”

Mississippi Code Annotated § 19-3-3 (1972) provides:

“A person shall not be a member of the board of supervisors who is not a resident freeholder in district for which he is chosen, and the owner of real estate of the value of one thousand five hundred dollars.”

Therefore, the answer to your first question is “yes”.

In response to your second question, please see the enclosed copy of an opinion addressed to Mrs. Lorena Dean, dated September 20, 1979.

In summary, that opinion states that unless a person is or will be the owner of real estate of the value of $1500 before the general election, the election commission could refuse to place such person's name on the ballot.

We emphasize that a person must either own the real estate at the time the ballots are printed or present absolute proof that he will own such real estate, subject to no contingencies , before the election.

Very truly yours,

Bill Allain, Attorney General.