Does a Mississippi resident's pre-annexation time count toward the 2-year residency requirement to run for municipal office?

Plain-English summary

Section 23-15-300(1) requires a candidate for municipal, county, or county district office to be "a resident of the municipality, county, county district or other territory that he or she seeks to represent in such office for two (2) years immediately preceding the day of election." Two years of residency. Cleanly enforced under most circumstances. But what happens when the boundary lines change?

The Columbus city attorney asked the AG two boundary-change questions:

1. Annexation. If the City of Columbus prevails in pending annexation litigation, does a county resident's residency in the area being annexed count toward the 2-year city-residency requirement? In other words, does the clock restart when the area becomes part of the city?

2. Redistricting. If ward lines change before the next election, does the 1991 Sautermeister AG opinion still apply?

Both answers, with the caveat that the Columbus special charter might say something different on these issues:

1. Annexation does not restart the residency clock. Continuous, uninterrupted residency in the annexed area counts toward the city-residency requirement. The 2023 Blackwell AG opinion already confirmed: "an individual's continuous and uninterrupted residency in territory that is annexed by a municipality should be considered residency within the municipality when determining whether the individual meets the residency duration requirement in Section 23-15-300(1)."

2. Redistricting does not restart the clock for residents whose residency is continuous and uninterrupted. Sautermeister (1991) is still good law. A candidate whose residency stays put while the lines move around can apply the previous period of residency to the period in the newly-drawn district.

There is a wrinkle from Sautermeister: if a candidate is "redistricted out" of his old district and then moves back into the new boundary of his former district, the previous residency does not count. So if you were drawn out of Ward 3, and then you moved your residence so you are now in Ward 3 again, you have to start the 2-year clock from your move-in date. But if you stayed put and the lines moved without you, you keep your residency time.

A separate carve-out for offices that require only county residency (county supervisor, constable): if redistricting and a residency change both happened on or before the date the party executive committee or election commission meets to determine candidate qualifications, the candidate can meet residency for those offices.

The AG also flagged that Columbus is a special charter city. The AG cannot interpret special charters by official opinion. So if the Columbus charter speaks to either annexation residency or redistricting residency, the charter controls, and the AG's analysis applies only to the extent the charter is silent.

What this means for you

If you are considering running for municipal office in a Mississippi city after annexation

If your home was just annexed into the city, you do not have to wait 2 years from the annexation date before you can run. Your continuous residency in the annexed area counts toward the city-residency requirement. So if you have lived at the same address for 5 years and the city annexed your area 6 months ago, you are eligible to run; you have met the 2-year requirement easily.

If you are considering running for municipal office after a redistricting that changed your ward

Same rule. As long as your residency is continuous and uninterrupted, your prior time at your address counts toward the new district's residency requirement. The lines moved around you; you did not move.

If you are considering running for municipal office after being "redistricted out" of your previous ward

You do not have residency time in the new district unless you have actually lived there. If you were redrawn out and then moved your residence to be back inside what is now a different ward, you have to start the 2-year clock from the move date. The exception is for offices that require only county residency (not municipal residency); for those, the same-day rule provides additional flexibility.

If you are an election commissioner reviewing candidate qualifications

The questions you have to answer for a candidate who relies on annexation or redistricting residency:

1. Has the candidate's actual residence remained at the same address for at least 2 years preceding the election?
2. Did the candidate's address get pulled into the relevant district through annexation or redistricting (rather than the candidate moving in)?

If yes to both, the candidate satisfies the 2-year residency requirement under the Blackwell/Sautermeister line.

If you are a city attorney advising on a special charter municipality

Pay attention to the special charter first. If the charter says something specific about annexation residency or redistricting residency, the charter controls. The AG cannot override a special charter through an opinion. The 2024 Turnage opinion's analysis applies only to general municipalities or to special charter municipalities whose charters are silent on these issues.

Common questions

Q: What does "continuous and uninterrupted" mean?
A: The candidate has actually lived at the address (or addresses, if they moved within the relevant area) without breaks. Vacations and short absences do not break continuity. A move outside the area, even briefly, would.

Q: What if the candidate sold their house and moved across town within the same area?
A: Moving within the relevant area generally does not break continuous residency for these purposes, as long as the new address is also within the relevant district or city. The opinion does not address this directly, but the spirit of Sautermeister and Blackwell is that the boundary changes are what matters, not within-area moves.

Q: How long does annexation litigation take, and does that affect anything?
A: Annexation cases can take years in Mississippi courts. The AG opinion's framing assumes the City of Columbus prevailed, meaning the annexation was effective. If annexation is pending, the candidate's "residency in the city" depends on when (or whether) the annexation becomes legally effective.

Q: What is a "special charter" municipality?
A: Most Mississippi cities operate under a code charter (the default state charter) or another standard charter form. Some cities, especially older ones, have a "special charter" granted by the legislature with provisions specific to that city. Special charters can override general municipal statutes where they conflict.

Q: How is "residency" determined?
A: Residency for election purposes is the candidate's actual home, where they intend to remain or to which they intend to return. Mailing address alone is not enough. Voter registration and driver's license records are commonly used as evidence.

Q: What about a candidate who is registered to vote in the new district but lives elsewhere?
A: Registration is one indicator of residency, but actual residency is the substantive requirement. A candidate who registers in a district where they do not actually live does not satisfy the residency requirement (and creates other problems besides).

Q: How does this opinion interact with federal voting rights law?
A: The opinion is state-law only. Federal Voting Rights Act and constitutional law principles can affect how residency requirements are applied in some contexts (military service members, displaced residents). The opinion does not address those.

Background and statutory framework

Section 23-15-300(1) is the operative statute:

Any candidate for any municipal, county or county district office shall be a resident of the municipality, county, county district or other territory that he or she seeks to represent in such office for two (2) years immediately preceding the day of election.

The 1991 Sautermeister opinion addressed redistricting residency in two scenarios:

1. Lines move, candidate stays put: "[A] candidate whose residency is continuous and uninterrupted may apply his previous period of residency in his former district to the period he has resided in the newly created district to satisfy the residency requirements for holding office from such district."

2. Candidate redistricted out, then moves back into the new boundary of his former district: "[H]e cannot utilize his previous period of residency for the purpose of satisfying residency requirements." Exception for county-residency-only offices: "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, or the election commission for independent candidates, meet to determine candidate qualifications."

The 2023 Blackwell opinion extended the Sautermeister logic to annexation: continuous residency in territory annexed by a municipality counts toward the residency requirement.

The 2024 Turnage opinion confirms both Blackwell and Sautermeister remain the AG's position, subject to special charter overrides.

Citations

• Miss. Code Ann. § 23-15-300(1)
• MS AG Op., Sautermeister (Apr. 30, 1991)
• MS AG Op., Blackwell (Apr. 26, 2023)
• MS AG Op., Gaylor (Dec. 15, 2006)
• MS AG Op., Lowe (Nov. 3, 2000)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2024/08/J.Turnage-July-30-2024-Residency-Requirements-for-Municipal-Office.pdf

Original opinion text

July 30, 2024
Jeffrey J. Turnage, Esq.
Attorney, City of Columbus
Post Office Box 1366
Columbus, Mississippi 39703-1366
Re: Residency Requirements for Municipal Office

Dear Mr. Turnage:
The Office of the Attorney General has received your request for an official opinion.

Questions Presented
1) If the City of Columbus ("City") prevails in its annexation case before the next election, does a county resident's period of residency outside the City (which is then annexed into the City) count toward his or her residency for purposes of qualifying to run for office?
2) If the ward lines change before the election as a result of redistricting, does MS AG Op., Sautermeister (Apr. 30, 1991) still apply?

Brief Response
1) Assuming the City's special charter is silent on this question, a county resident's continued and uninterrupted period of residency in an area that is annexed by the City should be considered residency within the City for the purposes of determining whether the requirements in Mississippi Code Annotated Section 23-15-300(1) have been met.
2) Assuming the City's special charter is silent on this question, consistent with our opinion in Sautermeister, if the City's ward lines change prior to the election, an individual whose residency is continuous and uninterrupted may apply his or her previous period of residency in his or her former district to the period he or she has resided in the newly created district to satisfy the residency requirements in Section 23-15-300(1).

In your request, you ask several questions regarding potential conflicts between the City's special charter and Mississippi law. However, we do not interpret special charters by official opinion. MS AG Op., Lowe at *1 (Nov. 3, 2000). Thus, this opinion is limited to your two questions that do not require an interpretation of the City's charter.

Applicable Law and Discussion
As an initial matter, if the City's special charter speaks to these issues, then the charter controls. See MS AG Op., Gaylor at 1 (Dec. 15, 2006) ("[W]here the provisions of a special charter conflict with general law[,] . . . the specific provisions of a municipal special charter will take precedence over the provisions of general municipal law."); MS AG Op., Lowe at 1 ("[P]rovisions of a private or special charter that are contrary to general statutory provisions are viewed by this office as exceptions to the statutory provisions except where the general statutes expressly provide otherwise.") However, because this office cannot interpret special charters, this opinion is limited to interpretation of state law.

Pursuant to Section 23-15-300(1), "[a]ny candidate for any municipal, county or county district office shall be a resident of the municipality, county, county district or other territory that he or she seeks to represent in such office for two (2) years immediately preceding the day of election." We have previously opined that "an individual's continuous and uninterrupted residency in territory that is annexed by a municipality should be considered residency within the municipality when determining whether the individual meets the residency duration requirement in Section 23-15-300(1)." MS AG Op., Blackwell at *2 (Apr. 26, 2023) (citing MS AG Op., Sautermeister (Apr. 30, 1991)).

In Sautermeister, we were asked about the effect of redistricting in two different situations: one in which the potential candidate's residency remained the same and only the district lines changed, causing him to reside in a newly created district, and another in which the candidate was redistricted out of his former district and he moved back into an area within the new lines of his former district. With regard to the first situation, we opined "that a candidate whose residency is continuous and uninterrupted may apply his previous period of residency in his former district to the period he has resided in the newly created district to satisfy the residency requirements for holding office from such district." Sautermeister at *2. As to the second situation, we stated:

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, or the election commission for independent candidates, meet to determine candidate qualifications.

Id. The above cited sections of Blackwell and Sautermeister remain the opinion of this office.

If this office may be of any further assistance to you, please do not hesitate to contact us.

Sincerely,
LYNN FITCH, ATTORNEY GENERAL
By: /s/ Beebe Garrard
Beebe Garrard
Special Assistant Attorney General