Mississippi Advisory Opinions July 19, 1990: AGO 000010468 (July 19, 1990)

AGO 000010468.

Dear Mr. McCord:

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

Your letter states:

"I am presently a resident of DeSoto County Mississippi and have been over the past twenty-five years. During this time I have been a registered voter in DeSoto County. I am originally from Calhoun County Mississippi and presently own land and a home in Calhoun, in which I reside on weekends, holidays and vacations.

There are three questions with which I need your help.

The questions are:

1. If I choose to do so, am I eligible to move my voter registration to Calhoun County;

2. If I am eligible and do move my registration to Calhoun County, would I be eligible to be a candidate for political office (County Superintendent of Education) assuming I am otherwise qualified to hold the office; and

3. How long would I need to be a registered voter in Calhoun County in order to be a candidate for that office?"

In response to your inquiry we are enclosing a copy of an opinion addressed to Ms. Essie Conaway et al., dated September 20, 1989 to which is attached several other opinions which deal generally with the area of residency for voting purposes.

In summary those opinions, inter alia, make the following two points: 1) It is the responsibility of the appropriate election commission to make the factual determinations on questions of residency on a case by case basis consistent with the guidelines laid down by the courts (and listed in Conaway); and 2) The Mississippi Supreme Court has ruled that, as a matter of law, the filing for homestead exemption conclusively establishes domicile for electoral purposes in the county of filing, regardless of circumstances indicating that certain ties to other counties still exist. Gadd v. Thompson, 517 So. 2d 576 (1987). We add, that in order to qualify as a candidate for the office of county superintendent of education one must meet certain educational and experience requirements. (See Mississippi Code Annotated 37-9-13), and be a registered voter of the county for a period of thirty (30) days as of the date of the election. (See Section 23-15-11 and opinion addressed to Honorable Constance Slaughter-Harvey, dated January 28, 1987, copies enclosed).

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

BY: Phil Carter Special Assistant Attorney General

PC:mfd Enclosure