Mississippi Advisory Opinions May 19, 1983: 19830519 (May 19, 1983)

Advisory Opinion Text

Mr. Gerald H. Jacks

Secretary

Bolivar County Democratic Executive Committee

Post Office Box 728

Cleveland, Mississippi 38732

Dear Mr. Jacks:

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

“I am writing as Secretary of the Bolivar County Democratic Executive Committee. A person has filed as a candidate for the office of constable in the Democratic primary to be held in August. Based upon court records, this person has been convicted of the crime of false pretenses on five occasions. Please advise us if this makes the person in question disqualified as a candidate for elective office.”

Both Section 241, Mississippi Constitution of 1890 and Section 23-5-35, Mississippi Code of 1972, include as crimes disqualifying a person as an elector” obtaining money or goods under false pretense ” in the former and “obtaining money or goods under false pretenses ” in the latter.

In order for a person to be qualified as a candidate for public office, he or she must, at the very minimum be a qualified elector of the area he or she offers to serve.

See also Section 23-5-37, copy attached.

Yours very truly,

Bill Allain, Attorney General.