Mississippi Advisory Opinions June 11, 1984: 19840611 (June 11, 1984)

Advisory Opinion Text

Honorable William Dulaney

Attorney for the Town of Tunica

Post Office Box 188

Tunica, Mississippi 38676

RE: Elections - Qualification of Candidates

Dear Mr. Dulaney:

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

You write as the firm of attorneys for the Town of Tunica and ask whether a person qualifying by petition to run in an municipal special election for the office of alderman is eligible to be included on the ballot if the petition is signed by the requisite member of voters, timely presented to the Municipal Election Commission and the person is first reqistered by the municipal registrar more than 30 days before the date of the election.

So long as that person has registered to vote with the county and the municipal registrar at least 30 days prior to the date of the municipal special election that person would be a qualified elector and eligible to be a candidate on the special election ballot if a proper petition has been filed.

There is no legal requirement that a qualified elector must be registered four months prior to an election to vote in that election. The four-month requirement was invalidated by the decision in Ferguson v. Williams cited in your letter.

With kind regards, I am

Very truly yours,

Edwin Lloyd Pittman, Attorney General