Mississippi Advisory Opinions July 15, 1992: 19920715 (July 15, 1992)

Advisory Opinion Text

Jim Compton, Esquire

Chairman

Harrison County Republican Party

Post Office Box 543

Biloxi, Mississippi 39533

Re: Residency requirements for candidates for constable

Dear Mr. Compton:

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

“I am writing in my capacity as Chairman of the Harrison County Republican Party. We need an expedited ruling in regard to the residency requirements of Constables. James Cason timely qualified to run for the office of Constable in District 4 of Harrison County. He presently does not reside in that district. However he contends that he no longer needs to reside in the district, but only in Harrison County.

I have been provided with an Attorney General opinion dated June 5, 1987 from Attorney General Ed Pittman. This opinion states that Constables and Justice Court Judges must reside in the district and voting precinct in which they run for that particular office. The opinion refers to Section 171 of the Mississippi Constitution.

However, I have reviewed Section 171, as amended, and it would appear that the opinion may not be correct. Certainly the only residence requirement for Justice Court Judges is two (2) years in the county next preceding his selection. The only reference to constables is that they ‘shall be chosen in each county in a manner provided by law’.

Our County Committee met to consider certification of candidates. Due to the legal issue surrounding Mr. Cason's qualifications, his certification was tabled pending a resolution of the legal requirements of his residency. Therefore your early attention to this would be appreciated.”

In response to your inquiry, please see the enclosed copy of our opinion addressed to Constable James F. Cason, dated July 2, 1992 wherein we restated our position that a candidate for constable must be a resident of the district he seeks to serve at the time the appropriate executive committee meets to rule on candidate qualification and will, subject to no contingencies, meet all requirements as of the date of the general election.

Sincerely,

Mike Moore, Attorney General.