Mississippi Advisory Opinions March 18, 2010: No. 2010-00140 (March 18, 2010)
Collection: Mississippi Attorney General Opinions
Docket: No. 2010-00140
Date: March 18, 2010
Advisory Opinion Text
No. 2010-00140.
..AUTH:Margarette Meeks
..DATE:20100318
..RQNM:Brenda Saulters
..SUBJ:Elections
..SBCD:71
City Clerk
Town of Bassfield
Post Office Box 100
Bassfield, Mississippi 39421
Dear Ms. Saulters:
Attorney General Jim Hood has received your request for an official opinion and has assigned it to me for research and reply.
Whether an individual convicted of a felony in federal court in 1989 is eligible to be a candidate for alderman?
Yes.
Section 44 (2) of the Mississippi Constitution provides:
(Emphasis added).No person who is convicted after ratification of this amendment in another state of any offense which is a felony under the laws of this state, and no person who is convicted after ratification of this amendment of any felony in a federal court, shall be eligible to hold any office of profit or trust in this state.
The 1992 amendment to Section 44 of the state Constitution was ratified on December 8, 1992. Therefore, the individual in question was convicted of a felony in a federal court prior to the time that a felony in a federal court disqualified one from holding office in Mississippi. Thus, the individual in question would be eligible to run for the office of alderman if he meets all other qualifications for holding office, and if elected, may serve.
Accordingly, it is the opinion of this office that an individual convicted of a felony in federal court in 1989 is eligible to be a candidate for the office of alderman if he meets all other qualifications for holding office, and if elected, may serve.
Please contact our office if we may be of further assistance.
Very truly yours,
JIM HOOD, ATTORNEY GENERAL
By:
Margarette L. Meeks
Special Assistant Attorney General