Mississippi Advisory Opinions April 27, 1979: 19790427 (April 27, 1979)

Advisory Opinion Text

Ms. Peggy Staten

Deputy Clerk

Pearl River County Circuit Clerk's Office

Pearl River County Courthouse

Poplarville, Mississippi 39470

Re: Elections—Qualifications of Candidates—Supervision

Dear Ms. Staten:

Your letter request of April 17, 1979, addressed to Honorable A. F. Summer, Attorney General, has been received and assigned to this writer for research and reply. Your letter states:

‘Please advise this office of your ruling in reference to the following matter: A candidate who owns home in two beats. In one he established residency, claims homestead exemption, and is a candidate in that best for Member of the Board of Supervisors; however, he is now residing in another beat.

‘Is he eligible to run for this office.’

Section 170 of the Mississippi Constitution of 1890 commences:

‘Each county shall be divided into five districts, a resident freeholder of each district shall be selected, in the manner prescribed by law, and the five so chosen shall constitute the board of supervisors of the county, . . ..’

Section 176 of said Constitution provides:

‘ No person shall be a member of the board of supervisors who is not a resident freeholder in the district for which he is chosen . The value of real estate necessary to be owned to qualify person in the several counties to be members of said board shall be fixed by law.’ (Emphasis Ours)

Section 19–3–3 ‘Eligibility of supervisors', Mississippi Code of 1972, states:

‘ A person shall not be a member of the board of supervisors who is not a resident freeholder in the district for which he is chosen and the owner of real estate of the value of one thousand five hundred dollars.’ (Emphasis ours)

In our election laws, ‘residence’ and ‘domicile’ are synonymous. Hubbard v. McKey , 193 So.2d 129.

The question of residence is a matter for the investigation and determination by the County Executive Committee of the candidate's political party (insofar as the primary is concerned) and by the County Election Commissioners (with regard to the general election) since it is the executive committee and election commissioners who are the officials having original jurisdiction to make such determination of fact. The law does not place either the duty or authority to make such investigation, finding and determination in the Office of the Attorney General. Nor can the Attorney General decide the question by opinion.

Therefore, it is up to the executive committee and election commissioners to make a determination if the candidate in question is eligible to run for Supervisor.

For their guidance in determining residency, we enclose a copy of an opinion of this office to Mrs. Ethel C. Madison, dated April 13, 1971.

Sincerely yours,

A.F. Summer, Attorney General.

John M. Weston, Special Assistant Attorney General.