Mississippi Advisory Opinions June 05, 1998: AGO 98-0298 (June 05, 1998)
Collection: Mississippi Attorney General Opinions
Docket: AGO 98-0298
Date: June 5, 1998
Advisory Opinion Text
Ms. Michelle Hood
City Clerk
Post Office Box 507
Plantersville, Mississippi 38862-0507
Re: Candidate Qualifications
Dear Ms. Hood:
Attorney General Mike Moore has received your request for an official opinion of this office and has assigned it to me for a reply. Your letter states, in pertinent part:
We have someone who is wanting to run for alderman, he has been voting in Plantersville and is on Plantersville Water and Sewer system. However, only the back tip of their house is inside the city limits, and he pays no taxes to the Town of Plantersville and files his homestead exemption in Lee County.
The Mississippi Supreme Court stated in Gadd v. Thompson , 517 So.2d 576, 579 (Miss. 1987):
We hold as a matter of law that the filing of homestead exemption conclusively establishes domicile for electoral purposes in the county of filing, regardless of circumstances indicating certain ties to other counties still exist.
See also MS AG Op., Ward (March 28, 1995).
Whether a particular candidate for a general election meets the residency requirements is a question of fact to be determined by the municipal election commission. However, the Gadd case clearly states that where an individual files homestead exemption establishes his domicile for all electoral purposes, including running for office and voting.
If this office can be of any further assistance, please let us know.
Very truly yours,
Mike Moore, Attorney General.
Sandra Murphy Shelson, Assistant Attorney General.