Mississippi Advisory Opinions June 15, 1995: AGO 000009900 (June 15, 1995)

AGO 000009900.

Dear Mr. Mickens:

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

"I allowed an individual to qualify to be an candidate in the August 8, 1995 Primary Election that didn't physically live in the district; Due to his house burning down prior to the first day allowed by law to qualify as a candidate. I would like to know whether that person's name can legally be put on the 1995 Primary ballot and whether my conduct was proper to allow him to qualify as a candidate?"

In response to your inquiry, I am enclosing copies of former opinions of this office addressed to Mayor Mike Thomas, dated February 4, 1992 and Honorable Melba Ezell, dated January 16, 1991, respectively and the attachments thereto. In summary, the opinions state that it is the responsibility of the appropriate election commission or, in this instance, the appropriate party executive committee, to make a factual determination on a case by case basis as to whether the candidate has abandoned the district as his place of residence or whether he is only temporarily away from his residence. The general rule is that once residency is established, it continues until removal to another locality with the intent to remain there and abandonment of the old domicile without intent to return. Hubbard v. McKey, 193 So. 2d 129 (1966).

However, the findings of the party executive committee would not preclude the county election commission from reaching a different conclusion should the individual in question be certified as the party's nominee or an appropriate legal challenge as to his qualifications.

Sincerely, Mike Moore, Attorney General

By:

Phil Carter Assistant Attorney General PC:mmw Enclosure