Mississippi Advisory Opinions March 06, 1980: AGO 000001345 (March 6, 1980)

AGO 000001345.

Dear Mr. Copeland:

Attorney General Bill Allain has received your letter of request under date of January 24, 1980, and has assigned it to this writer for research and reply. A copy of your letter is attached for con- venient reference.

Section 37-5-1, Mississippi Code of 1972, states as follows:

"There is hereby established a county board of edu- cation in each county of the State of Mississippi. Said county board of education shall consist of five members, one of which, subject to the further provi- sions of this chapter and except as is otherwise pro- vided in section 37-5-5, shall be elected by the quali- fied electors of each supervisors district of the coun- ty. Except as is otherwise provided in section 37-5-3, each member so elected shall be a resident and qualified elector of the district from which he is elected."

Section 37-5-3, Mississippi Code of 1972, states in part as follows:

"No person who is a resident of the territory embraced within a municipal separate school district or a special municipal separate school district shall be eligible to be a member of the county board of education. Qualified elec- tors residing within a municipal separate school district or special municipal separate school di- strict shall not be eligible to vote or participate in the election of members of the county board of e- ducation."

Based on the foregoing statutes, it is clear that a person who resides in the territory embraced within a municipal separate school district is not eligible to be a candidate for a member of the County Board of Education.

Trusting the above will be of some benefit to you, I am

Very truly yours,

BILL ALLAIN, ATTORNEY GENERAL

BY

Donald Clark, Jr. Special Assistant Attorney General

DC,Jr:lm enclosure