Mississippi Advisory Opinions December 16, 2005: AGO 000016872 (December 16, 2005)

AGO 000016872.

Dear Alderman Boggs:

Attorney General Jim Hood has received your letter of request and assigned it to me for research and reply. A copy of your letter is attached for reference. Your letter states in part:

Hurricane Katrina destroyed my home and the homes of approximately 75% to 80% of the voters in Ward One (entirety of Ward One is South of the raised CSX railroad tracks).

As the alderman for Ward One, having been elected in mid-2005, I ask for your opinion on two questions caused by the devastation of Ward One, Long Beach.

You then present two questions regarding residency requirements under unusual circumstances.

QUESTION 1: Under state law, do registered voters who were required to leave Ward One (and, in many cases, Mississippi) in order to find housing continue to be registered voters of Ward One for any upcoming elections.

RESPONSE: While it is the responsibility of the municipal election commission to make factual determinations on questions of residency on a case by case basis, the Mississippi Supreme Court has set forth certain guidelines that should be considered in making each such determination. You will see those guidelines in the attached opinion addressed to Ms. Essie Conaway et al., dated September 20, 1989. You will note that the second guideline states that "domicile, once established, continues until removal to another locality with intent to remain there and abandonment of the old domicile without intent to return." Therefore, if the home of a registered voter of Ward One, Long Beach is destroyed and that voter is forced to seek housing outside of

Ward One but intends to return when it is feasible to do so, that person would legally remain a registered voter of Ward One even though he or she is temporarily residing outside that jurisdiction.

QUESTION 2: Under state law, do I continue as Ward One Alderman?

RESPONSE: The same principles that applies to your first question also applies here. Please see the attach copy of our opinion addressed to Alderman Brian Barcellona dated April 13, 1994. If, as a matter of fact, you are only temporarily living outside Ward One of Long Beach and will be returning to said ward when it is feasible to do so, you would continue to serve as Ward One Alderman even though you are temporarily residing outside that jurisdiction.

Sincerely,

JIM HOOD, ATTORNEY GENERAL

By:

Phil Carter Special Assistant Attorney General