Mississippi Advisory Opinions October 18, 1983: 19831018 (October 18, 1983)

Advisory Opinion Text

Neshoba County Election Commission

Post Office Box 67

Philadelphia, Mississippi 39350

Re: Elections - Commissioners

Dear Commissioners:

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

Your letter states:

“The Neshoba County Election Commission has received a complaint from the Democratic nominee for constable from District #5, Neshoba County, that one of his independent opponents does not currently reside in District #5. We have requested and each party has appeared before the Commission and we are faced with the following facts:

“An examination of the registered voter list for the District #5 Darby Precinct reveals that the independent candidate initially registered to vote at Darby on April 26, 1966, but transferred his registration to District #2 East Philadelphia Precinct on March 6, 1981. On August 25, 1983, he reregistered at the District #5 Darby Precinct.

“The Independent candidate admitted to the Commission that he currently lives in District #2 and has lived there some 10 years. He further states that he owns four acres in District #5 and 'intends' to move there as soon as the water line is completed some time after the first of the year.

“After reviewing applicable statutes it appears that the Chancery Clerk, Circuit Clerk, Tax Assessor and / or Collector, Coroner and Ranger “and Constable merely have to be a qualified elector in the county he represents. Based on the above fact situation, we respectfully request your opinion to the following questions:

“1. Must a constable currently reside in the district for which he qualified to run and hold office and;

“2. Does the intention to move into the district at a later date make any difference?”

In response to your first question, please see the enclosed copy of an opinion addressed to Honorable Burkett H. Martin, dated July 8, 1983. In summary, that opinion states that one must be a qualified elector of the district over which the office he seeks has jurisdiction and that it is a legal impossibility to satisfy the requirement of being a qualified elector without being a resident of said district.

Therefore, the answer to your first question is “yes”.

In response to your second question, it is the opinion of this office that one seeking the office of constable must reside in the district he seeks to serve at the time the ballots are printed.

Therefore, the answer to your second question is “no”.

Very truly, yours,

Bill Allain, Attorney General.