Mississippi Advisory Opinions April 26, 1983: AGO 000003784 (April 26, 1983)

Mississippi Attorney General Opinions

1983.

AGO 000003784.

1983-881

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Dear Mr. Ward:

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

"Mr. Amon D. Merritt, a citizen of this county, has expressed a desire to run for public office here in George County, in particular for Board of Supervisors. However, he has expressed some anxiety about making a public announcement because of his having entered a plea of guilty to a charge of Grand Larceny in Greene County, Mississippi, on June 11, 1974. Despite the fact, the legislature has voted more than 2/3 votes of both houses to restore his right of sufferage as provided in Article 12, Section 252 of the Mississippi Constitution.

"My question is, can a person who has been con- victed of a crime as set forth in Article 12, Section 241, of the Mississippi Constitution, and subsequently having his right of sufferage restored as provided in Article 12, Section 253, of the Mississippi Constitution, qualify to run for Board of Supervisors?"

The copies of certain documents attached to your letter indicate that the guilty plea in question was entered in the Circuit Court of George County.

In response to your inquiry, please see the enclosed copy of an opinion addressed to Honorable Ralph Brown, dated January 6, 1983.

In summary, that opinion states that although an individual who has been convicted of a disqualifying crime in Mississippi may once again become a qualified elector by an act of the Legislature, he/she must still meet the additional qualifications imposed by Section 44, Mississippi Constitution of 1890, which prohibits one who has been convicted of an infamous crime from holding any office of profit or trust.

Mississippi Code Annotated 1-3-19 (1972) defines the term "infamous crime" as "offenses punished with death or confinement in the penitentiary.

Therefore, it is the opinion of this office that one who pled guilty to the crime of grand larceny for which he was subject to confinement in the penitentiary is not eligible to hold the office of county supervisor even though he has had his right to vote restored by the Legislature.

Very truly yours,

BILL ALLAIN, ATTORNEY GENERAL

BY

Phillip C. Carter Special Assistant Attorney General

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