Mississippi Advisory Opinions April 11, 1983: 19830411 (April 11, 1983)

Advisory Opinion Text

Residency Requirements Superintendent of Education Candidacy

Mr. Lex Cain

Superintendent

Prentiss County Department of Education

Post Office Box 147

Booneville, Mississippi 38829

Dear Mr. Cain:

Attorney General Bill Allain has received your opinion request and has assigned it to me for research and reply, your letter of request stating:

“I am writing to you requesting a written reply from your office concerning my candidacy as County Superintendent of Education for Prentiss County.

“After the separation of the Booneville City Schools from the Prentiss County School System in 1980, we sent a Resolution to the Legislature requesting that voters within the boundary of the Booneville City Limits not be allowed to vote for the Office of the County Superintendent of Education. This Resolution was accepted and passed by the Legislature during their regular session of 1981.

“Since I was living inside the city limits during the time of the separation, I had consulted with Ms. Susan Runnels by phone about my qualifying as a candidate for the Office of Superintendent and my residency. She informed me that upon my moving outside of the city limits that I could announce my candidacy and would not have to wait 30 days since I have been a resident of Prentiss County for 19 years. I would like to have a reply in writing confirming Ms. Runnels' advice.

“Also, per our conversation of April 4, I would appreciate hearing on this matter as soon as possible.”

I note that you have earlier made a similar request of the office which was responded to by an opinion to you dated February 24, 1982, written by Mrs. Runnels and attach a copy of it for handy reference, particularly since it deals with the same subject matter.

To qualify as a candidate for County Superintendent of Education in Prentiss County you must be a qualified elector within the county school district which requires the individual to be duly registered in the county and have resided in the county school district and election precinct not less than 30 days prior to the date of the election.

For your general information on the cited statute I enclose copies of Section 90, Mississippi Constitution of 1890, and of the Mississippi Supreme Court Case of Lovorn v. Hathorn , 365 So.2d 947 (Miss. 1979) .

Yours very truly,

Bill Allain, Attorney General.