Mississippi Advisory Opinions September 18, 1979: 19790918 (September 18, 1979)

Advisory Opinion Text

Mrs. Ruth Dixon

Circuit Clerk

Post Office Box 312

Liberty, Mississippi 39645

Re: Elections—Independent Candidates for Supervisor

Dear Mrs. Dixon:

Your letter request of September 13, 1979, addressed to Honorable A. F. Summer Attorney General, has been received and assigned to this writer for research and reply. Your letter states:

‘A resident, qualified elector of District 1, Amite County, Mississippi, filed his petition as an independent candidate for District 1 Supervisor, Amite County, Mississippi, with signatures of 58 qualified electors of the First District. At that time this person was given a photocopy of the Eligibility of Supervisors, Section 19–3–3, Code of Mississippi 1972, pertaining to the value of real estate. He stated at the time that he did not own any real estate, but owned a $7, 000.00 house trailer.

‘Please advise if at the time the Election Commissioners certify the independent county candidates this candidate for supervisor does now own real estate valued at $1, 500, can the Election Commissioners refuse to approve him as an independent candidate for this office.’

We presume by ‘house trailer’ you mean the same thing as ‘mobile home’ as defined in Section 27–53–1, Mississippi Code of 1972 .

Unless the person in question owns the land upon which the house trailer with its wheels removed is located, said person, in the opinion of this office, would not be a freeholder in the District. (See § 27–53–13 and –15, supra).

Very truly yours,

A. F. Summer, Attorney General.

John M. Weston, Special Assistant Attorney General.