Mississippi Advisory Opinions October 01, 1984: 19841001 (October 01, 1984)

Advisory Opinion Text

Hon. John D. Rutherford, Jr.

Circuit Clerk

Hancock County

Post Office Box 249

Bay Saint Louis, Mississippi 39520

Schools—County Boards

Dear Mr. Rutherford:

Attorney General Pittman has received your letter of request dated September 17, 1984, and has assigned it to me for research and reply. Your inquiry states:

I would like to be advised of your opinion regarding the eligibility of a candidate seeking the office of the Hancock County Board of Education. Section 37-7-201 specifically states that in order to be eligible to held the office of trustee of any school district, such person must be a bona fide resident and qualified elector of such school district.

My question is, may a person qualify to be a candidate for the County Board of Education be considered a bona fide resident if he-she actually resides in the Municipal Separate School District?

Would it be appropriate to assume that if the candidate actually resided (slept, paid rent and utilities) in the Municipal Separate School District that he-she would not be a bona fide resident of the County School District and therefore, ineligible to be a candidate for the County School Board?

This section of the code (37-7-201) strictly states that besides being a qualified elector that the candidate shall also be a bona fide resident. Would a candidate be eligible if he-she was a qualified elector in the school district but actually living-residing within the boundaries of the Municipal Separate School District?

Also, would a person who lives in the Municipal Separate School District be eligible to seek the office for County School Board by giving a verbal intent (without physical evidence) on the final qualifying date, on the moving into the County School District if he-she was elected?

According to Webster's New Collegiate Dictionary, the definition for a bona fide resident is where one actually lives as distinguished from his domicile or a place of temporary sojourn.

The provisions of § 37-7-201, Mississippi Code of 1972, are as follows:

In order for a person to be eligible to hold the office of trustee of any school district, such person must be a bona fide resident and a qualified elector of such school district, and, in the case of a school district lying in two or more counties, but not including municipal separate school districts, such person must be a bona fide resident and a qualified elector of the territory entitled to such representation on the board.

Whether one is or is not a resident of a particular voting district is a factual one which may only be settled by a court of competent jurisdiction.

The courts of Mississippi have spoken to this issue in a number of significant cases. Among these cases we invite your attention to the following matters which may be of some help to you.

Where one moved to another state and the question arises as to whether he intends to change his domicile, all the facts and circumstances which may indicate his purpose are admissible in evidence. Johnson v. Johnson , 1966 Miss., 191 So.2d 840 Before a domicile of choice can be established, it must be shown by the evidence that there was an intent to abandon the domicile of origin. Johnson , supra.

Residence and domicile under our election laws are synonymous. Hubbard v. McKee , 1966 Miss., 193 So.2d 40. A domicile, once established, continues until removal to another locality with the intent to remain there and abandonment of the old domicile without intent to return. McKee , supra .

It need not be the intent of a person seeking a new domicile that his residence thereat be permanent, but only that it be indefinite. Stubbs v. Stubbs , 1968 Miss., 211 So.2d 821.

The foundation of domicile is intent. The intention may be established by physical presence, declaration of intent, and all relevant facts and circumstances, and in this connection it has been held that the declaration of the party himself are most important. Stubbs , supra.

With this preliminary discussion, the Office of the Attorney General is of the opinion that a person residing in a municipal separate school district would not be eligible to be a candidate for the county board of education which requires a residency within the area of the county school system. Factors which demonstrate a present intention to establish residency, while not conclusive, includes changes on voter registration, automobile registration and license changes, change of mailing address, change of credit card mailing address, change of addresses with employees, telephone changes and other similar acts which demonstrate an intent not to return to the previous address.

We make no assumptions in this matter and suggest that our previous answer addresses your second question appropriately.

Section 37-7-201 contemplates residency and electors. A qualification as an elector would be insufficient to entitle one to be a candidate.

Qualifications for eligibility to seek the office of county school board member is based upon present accomplished facts and not present or future intent.

If this office can be of further assistance to you, please let us know.

Yours very truly,

Edwin Lloyd Pittman Attorney General.