Mississippi Advisory Opinions December 03, 1985: 19851203 (December 03, 1985)

Advisory Opinion Text

Honorable Orma R. Smith, Jr.

Attorney

Alcorn County School Board

Post Office Box 191

Corinth, Mississippi 38834

Dear Mr. Smith:

Attorney General Pittman has received your request for an official opinion from this office and has assigned it to me for research and reply.

Your inquiry states:

“I represent the Alcorn County School Board. I have been asked to solicit your opinion concerning this problem.

“In the First Supervisor's District, there is an area of land which lies outside the corporate boundaries of the City of Corinth but within the Corinth Municipal Separate School District. Can a resident who lives in this territory be elected to the Alcorn County School Board?”

The provisions of Section 37-5-3 would forbid a resident of a Municipal Separate School District from being a candidate for the Alcorn County School Board. The section provides as follows:

No person who is a resident of the territory embraced within a municipal separate school district or a special municipal separate school district shall be eligible to be a member of the county board of education. Qualified electors residing within a municipal separate school district or special municipal separate school district shall not be eligible to vote or participate in the election of members of the county board of education.

The provisions of this section shall be applicable in the case of a special municipal separate school district and a line consolidated school district of which another county is the home county which together occupy all of the territory of a supervisors district of the county.

If we may be of further assistance to you, please let us know.

Very truly yours,

Edwin Lloyd Pittman, Attorney General.