Mississippi Advisory Opinions June 23, 1983: 19830623 (June 23, 1983)

Advisory Opinion Text

Honorable Judy B. Donald

Attorney for City of Morton

Post Office Box 491

Morton, Mississippi 39117

Re: Elections — General

Dear Mrs. Donald:

Attorney General Bill Allain has received your letter and has assigned it to me for research and reply.

Your letter states:

“The Mayor of the City of Morton has requested that I write and request your opinion as to the following question.

“ Section 21-3-11, Mississippi Code of 1972 provides:

'... (I)f the mayor or any alderman elected from the municipality at large shall remove his residence from such municipality, the office shall ... automatically be vacated....'

“We would like your interpretation as to the meaning of the wording 'remove his residence from such municipality.”'

In response, there is enclosed a copy of a letter of July 29, 1981, from this office to Honorable Bernard Handy, Election Commissioner of Quitman County which addresses the subject of residency as related to the qualifications of an elector.

In summary, the letter states that residence is a question of fact to be determined in each instance by those public officials who have the duty to make the determination. The text includes references to relevant Mississippi decisions. In your instance, the duty to make the determination is upon those who declare a municipal office to be vacant: The municipal governing authorities.

Yours very truly,

Bill Allain, Attorney General