Mississippi Advisory Opinions July 19, 1995: AGO 000009981 (July 19, 1995)
Collection: Mississippi Attorney General Opinions
Docket: AGO 000009981
Date: July 19, 1995
Advisory Opinion Text
AGO 000009981.
DOCK 1995-0440
AUTH Fred Ferguson
DATE 19950719
RQNM Fred Ferguson
SUBJ Elections - Qualification of Candidates
SBCD 71
TEXT Honorable Fred Ferguson
Circuit Clerk
Post Office Box 1224
Natchez, Mississippi 39121-1224
Dear Mr. Ferguson:
Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. Your letter states:
"I would like to request a legal opinion regarding a candidate who qualified in a district prior to an approval by the Justice Department.
The candidate qualified prior to March 1, 1995.
The Justice Department precleared the lines on or about April 4, 1995.
The candidate ended up being placed into another district because of the redistricting.
It was my understanding that the candidate had the option of becoming qualified in the new district, or move his residence into the original district, in which he had intended to qualify originally."
Please see the enclosed copy of an opinion addressed to Ms. Sue Sautermeister, dated April 30, 1991. In that opinion we said:
"It is the opinion of this office that where a candidate is 'redistricted' out of his old district and he moves back into an area or location within the new configuration of his former district, he cannot utilize his previous period of residency for the purpose of satisfying residency requirements. On the other hand, if the office sought requires only that the individual be a qualified elector of the county and a resident of the district, such as that required for county supervisors and constables, an individual could meet the residency requirements if the redistricting and the change in residency occurred on or before the date the party executive committee, ... meets to determine candidate qualifications. ..."
It is our understanding that the office in question is that of county supervisor.
In response to your inquiry, an individual who is "redistricted" out of his district is eligible to be a candidate in his "new" district provided he meets all other qualifications to hold the office he seeks. If he chooses to move into the new configuration of his "old" district and seek office from that district he may do so provided he moves by the time the proper party executive committee meets to rule on candidate qualifications.
Sincerely,
MIKE MOORE ATTORNEY GENERAL
By:
Phil Carter Special Assistant Attorney General
PC:sm Enclosure