Mississippi Advisory Opinions March 13, 1987: AGO 000007813 (March 13, 1987)

AGO 000007813.

Dear Mrs. Ryals-Blaylock:

Attorney General Edwin Lloyd Pittman has received your letter of request and has assigned it to me for research and reply. Your letter states as follows:

We had a candidate to qualify as Coroner- Ranger that is only 20 years of age. His date of birth is October 17, 1966.

If the new qualifications are pre-cleared with the Justice Department a candidate must be 21 years of age.

Is this candidate eligible to run in the Primary Election in August?

Generally, qualifications to make one eligible to be a candidate for public office are required to be met at the time such candidate is elected. Plunkett v. Miller, 162 Miss. 149, 137 So. 737 (1931). If the proposed candidate can provide absolute proof, subject to no contingencies, that he will possess the qualifications for office on the date of the election, his name should be placed on the ballot.

If absolute proof is shown that the candidate's birthday is October 17, 1966, and therefore he will be 21 years of age as of the November General Election, it is the opinion of this office that such a candidate would be eligible to run in the primary election in August.

Chapter 459 of the 1986 Laws of Mississippi has been submitted to the Justice Department, however, as of this date we have received no response. The new requirements found in Miss. Code Ann. 19-21-103 (Supp. 1986) will be in effect for the 1987 General and Primary Elections if pre-cleared by the Justice Department.

Should you have any questions or if we may be of further assistance please do not hesitate to contact this office.

Very truly yours,

EDWIN LLOYD PITTMAN, ATTORNEY GENERAL

BY

John H. Emfinger Special Assistant Attorney General

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