Mississippi Advisory Opinions September 01, 1983: AGO 000008801 (September 1, 1983)

Mississippi Attorney General Opinions

1983.

AGO 000008801.

1983-618

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Dear Mr. Norris:

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

Your letter states:

"On August 12, 1983, I received a written complaint challenging the candidacy of a candidate for Constable in District 5 in Forrest County, Mississippi. The letter of complaint states that this particular candidate does not live in District 5, and the letter asks for a hearing before the Forrest County Democratic Executive Committee to determine whether or not the candidate should be disqualified.

"I plan to conduct an evidentiary hearing to ascertain whether or not the candidate does in fact live outside of District 5 if the law requires a candidate for Constable to live in the district in which he is running.

"I would certainly appreciate an opinion from your office as to whether or not the candidate does have to live in the district in which he is running as soon as possible.

"Since the particular candidate of which I am speaking is in the run-off to be held August 23rd, I also need to know if he is disqualified, whether the other candidate in the run-off will automatically become the winner of the race or if it would be necessary to conduct a special election."

We preface our response to your inquiry by stating that we make no comment on the legality of placing the name of the individual in question on the ballot for the August 2, 1983, Democratic Primary Election.

In response to your specific question, please see the enclosed copy of an opinion addressed to Honorable Burkett H. Martin, dated July 8, 1983.

In summary, that opinion states, inter alia, that in order for a person to hold the office of constable, he must be a qualified elector and also be a resident of the district over which such office has jurisdiction. It further states that it is a legal impossibility to satisfy the requirement of being a qualified elector and not satisfy the residency requirement.

We also enclose a copy of an opinion addressed to the Tippah County Democratic Executive Committee, dated June 20, 1983, which addresses the question of residency requirements for seeking the office of Justice Court Judge. The portion of that opinion which deals with the required residency within the election district would also apply to the office of Constable. In summary, that opinion states that one who seeks a party's nomination must be a resident of the election district in which he seeks to run for a minimum of thirty (30) days Prior to the first primary.

For your further information, we are also enclosing a copy of an opinion addressed to Mrs. Lorena Dean, dated September 20, 1979, which deals generally with the qualifications of candidates and when such qualifications must be met.

Since your secondary question concerns a matter that is pending before your committee, we are unable to respond with an official opinion on the matter.

Very truly yours,

BILL ALLAIN, ATTORNEY GENERAL

BY Phillip C. Carter Special Assistant Attorney General

PCC:ls Enclosure