Mississippi Advisory Opinions March 07, 1983: AGO 000003639 (March 7, 1983)
Collection: Mississippi Attorney General Opinions
Docket: AGO 000003639
Date: March 7, 1983
Advisory Opinion Text
AGO 000003639.
1983-213
Dear Mrs. Dixon:
Attorney General Bill Allain has received your request for opinion dated March 2, 1983, and has referred it to the undersigned for research and reply.
Your request is set forth in the entirety for convenient reference and is incorporated herein and made a part of this opinion.
"Mr. Charles Simmons Carruth, a resident of Amite County, Mississippi, wishes to qualify to run as a State Representative for District 93, as a Democrat.
"He was a resident of Amite County, exercising his right to vote, until June 15, 1957. He moved to another state until his retirement. On August 15, 1980, he returned to Amite County, where he immediately registered to vote.
"Section 42, Article 4, of the Mississippi Constitution provides:
"'No person shall be a member of the house of representatives who shall not have attained the age of twenty-one years, and who shall not be a qualified elector of the state, and who shall not have been a resident citizen of the state four, and of the county two years, immediately preceding his election.' "(Emphasis YOURS)
It is the County Executive Committee regarding county, county district office and single county legislative districts and the State Executive Committee regarding state, state district office and multi-county legislative districts which is vested with the initial authority to determine the qualifications of candidates in a primary election. This function is performed by the County Election Commission and the State Election Commission regarding General or Special Elections.
Such determination requires first a finding of the relevant facts and, second, that the facts be considered in the light of the law applicable thereto.
Please be assured that neither constitutional provision nor state statute vests authority in the Attorney General to preempt the Executive Committees or Election Commissioners of the above described authority or function.
Having stated the above and foregoing premise, it is the opinion of this office that it would be proper for the said election officials to consider the facts you present, that the individual you describe was a resident of the county and exercised his right to vote until he moved to another state; last voted in the county on June 15, 1957; lived in another state until his retirement; returned to the county of his former residence on August 15, 1980, and immediately registered to vote.
Therefore, it is the opinion of this office that the computation of the required four (4) years residency in the State of Mississippi, as contemplated by 42 of the Mississippi Constitution of 1890, would be calculated as of November 8, 1983, the date of the General Election. Plunkett v. Miller, 162 Miss. 137 So. 737.
Trusting that the above and foregoing may be of assistance to those who wish to qualify as candidates for the Mississippi House of Representatives, as well as to election officials, I am
Very truly yours,
BILL ALLAIN, ATTORNEY GENERAL
BY:
W.D. Coleman Deputy Attorney General
WDC:nm