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Mississippi Advisory Opinions June 24, 1983: AGO 000003787 (June 24, 1983)

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Collection: Mississippi Attorney General Opinions
Docket: AGO 000003787
Date: June 24, 1983

Advisory Opinion Text

Mississippi Attorney General Opinions

1983.

Current through 1983 Legislative Session

AGO 000003787.

1983-15



June 24, 1983
DOCN 000003787
DOCK 1983-15
AUTH Phillip C. Carter
DATE 19830624
RQNM Honorable William H. Austin, Jr.
SUBJ Elections - Qualification Of Candidates
SBCD 71
TEXT Honorable William H. Austin, Jr.
DeSoto County Democratic Executive
Committee
Post Office Box 567
Holly Springs, Mississippi 38632
Re: Elections - Qualification of Candidates

Dear Mr. Austin:

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

"I am chairman of the DeSoto County Democratic Executive Committee. Recently our committee met to certify the candidates for the various offices within the county and a question came up about our Justice Court districts. I would appreciate your help on this question.

"The question I have on the Justice Court dis- trict Judgeship is as follows:

"DeSoto County has had five Justice Court dis- tricts up until this election coming up in August these five district lines were the same as the Supervisor's Districts. Now however the Justice Court has its own separate boundary.

"The candidate in question presently lives in the new district No. 1, however, he owns pro- perty and is building a home in district No. 2 and believes he will actually be occupying the new home in district No. 2 prior to the date of the primary. Is he qualified to seek office in district No. 2? What are the requirements for office and when do they attach?

"I appreciate your immediate attention to this matter because Circuit Clerk informs me the deadline with her ballot printer is very near plus the expense the candidate is incurring in a campaign that he may or may not be quali- fied to conduct."

In response to your inquiry, please see the enclosed copy of an opinion addressed to the Tippah County Democratic Executive Committee, dated June 20, 1983.

In summary, that opinion states, inter alia, that in order to qualify as a candidate for Justice Court Judge in the August 2, 1983 Democratic Primary Election, one must have been a resident of the county in which he seeks to run for a minimum of two

(2) years prior to the November 8, 1983 General Election and a resident of the election district in which he seeks to run for a minimum of thirty (30) days prior to August 2, 1983.

Very truly yours,

BILL ALLAIN, ATTORNEY GENERAL

BY

Phillip C. Carter Special Assistant Attorney General

PCC:mfd Enclosure