Mississippi Advisory Opinions June 07, 1983: AGO 000003640 (June 7, 1983)
Collection: Mississippi Attorney General Opinions
Docket: AGO 000003640
Date: June 7, 1983
Advisory Opinion Text
AGO 000003640.
1983-219
Dear Mr. Dean:
Attorney General Allain has received your letter of request and has assigned it to me for research and reply. Your letter states:
"Mr. Harry E11 Brooks, an adult resident of Alcorn County, Mississippi has qualified to run for the office of Constable in the Democratic primary Election to be held August 2, 1983.
"Records reflect that on May 15, 1980, Mr. Brooks entered a plea of guilty to the crime of receiving stolen property and was sentenced on May 16, 1980, to serve 90 days in the Alcorn County jail, pay a fine of $500.00 and all Court cost by October 15, 1980, and be placed under supervised probation of the State probation Officer for a period of three years (copies attached).
"Mr. Brooks, by act of the Mississippi Legislature in the 1980 Session (House Bill 1186) was restored the right of suffrage, a copy of House Bill 1186 (copies attached) and qualification papers of Mr. Brooks attached.
"Mr. Brooks filed a certified copy of the Legislation and his qualifying papers for office with the Alcorn County Circuit Clerk's Office on or about May 5, 1983.
"Several inquiries have been made of the Democratic Executive Committee of which I serve as Secretary and Attorney as to Mr. Brook's qualifications, etc. I have reviewed a recent mailing from your office to the Alcorn County Circuit Clerk's Office, being a letter dated April 26, 1983, addressed to Honorable Wilbur Ward, Lucedale, Mississippi, a letter dated January 6, 1983, addressed to Honorable Ralph Brown, Circuit Clerk, Scott County, Forest, Mississippi, and a copy of a case styled State of Mississippi, on relation of Jean D. Muirhead Vs. State Board of Election Commissioners and James Donald Spann, 259 So.2d 698.
"The Alcorn County Election commission requests an opinion from you whether or not Harry E11 Brooks can or cannot be a candidate for Constable, First District of Alcorn County, Mississippi, in the Democratic Primary Election to be held August 2, 1983."
In response to your inquiry and as indicated by our former opinions referred to in your letter (copies enclosed) the right of suffrage is merely the right to vote and does not include the right to seek or hold an office of profit or trust. Therefore, the restoration of one's right of suffrage by the Legislature does not restore the right to seek or hold an office of profit or trust.
Absent reversal on appeal or a pardon by the Governor, one who has been convicted of a crime for which the Legislature has fixed as punishment either death or confinement in the penitentiary is not eligible to hold any office of profit or trust.
Very truly yours,
BILL ALLAIN, ATTORNEY GENERAL
BY
Phillip C. Carter Special Assistant Attorney General
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