Mississippi Advisory Opinions October 31, 1995: AGO 95-0726 (October 31, 1995)

Advisory Opinion Text

David E. Kihyet, Esquire

Attorney for Gautier Utility District

Post Office Box 180

Pascagoula, Mississippi 39568-0180

Re: Qualifications of Candidate

Dear Mr. Kihyet:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. Your letter states:

“As the attorney for the Gautier Utility District, I have been asked to obtain an opinion from your office concerning the following facts:

A person has qualified to enter the race for Commissioner for the Gautier Utility District. Section 4, page 8, of House Bill # 1641 sets out the qualifications. This particular candidate was not twenty-five (25) years old when he filed his petition. However, he will be twenty-five before the general election. Although he was not twenty-five at the time he filed his petition, is he a properly qualified candidate for election?”

As a general rule, all qualifications required of a qualified elector to be eligible to be a candidate for public office are required to be met, subject to no contingencies, at the time such candidate is elected. See Plunkett v. Miller , 162 Miss. 149, 137 So. 737 (Miss. 1931) and Roane v. Matthews . 75 Miss. 94, 21 So. 665 (1897) . Therefore, in response to your question, it is our opinion that the individual in question is a properly qualified candidate for election.

Sincerely,

Mike Moore, Attorney General.

Phil Carter, Special Assistant Attorney General.