Can a Mississippi constable run for sheriff in a special election without resigning the constable seat first?

Plain-English summary

Tedrick Liddell, the recently elected Constable of the Southern District of Noxubee County, asked whether he had to resign the constable seat in order to run for Sheriff in an upcoming special election.

The AG said no, no resignation required to qualify and run. There is no statutory prohibition against running for Sheriff while holding the elected position of Constable in the same county. The AG cited the Lee opinion (Dec. 14, 2007), which held that "an individual may serve as an elected sheriff and as an elected chief of police of a municipality located within the same county." The same general principle applies here: simultaneous service in two different elected positions is not necessarily prohibited.

The opinion does not say there is no problem. It says there is no problem with running. If Liddell were to win the election, several issues would have to be addressed before serving in both:

1. Separation of powers. AG Op., Butler (May 1, 2025), explained the framework: a person cannot hold positions in two different branches of government if both positions exercise core powers. Sheriffs are at the core of executive law enforcement; constables also exercise executive law enforcement powers. The dual-office analysis would have to be done.

2. Incompatible offices. Per Myers v. City of McComb, 943 So. 2d 1, 9 (Miss. 2006), positions can be incompatible when "there is . . . inherent inconsistency in the nature of the duties of the two offices, so that both cannot be administered by the same person." A constable is the lowest-level local elected law enforcement officer; a sheriff is the chief county law enforcement officer. The duties may overlap or conflict.

3. Conflict of interest and ethics. Questions about ethics in dual office-holding go to the Mississippi Ethics Commission.

The AG did not resolve those questions because they would only arise if Liddell won. The narrow question presented (can he run while still serving as constable?) is yes.

What this means for you

For currently elected officials considering running for another office

Generally, you can qualify and run while holding your current office. Mississippi has no general "resign-to-run" rule for state, county, or local elected officials. The constraints are at the moment you would serve in both: separation of powers, incompatible offices, and ethics rules.

If you win, plan to either resign the original office (the cleanest path) or get a written analysis of whether you can hold both. The AG, the Ethics Commission, and the courts have a body of opinions on dual office-holding combinations. Map your two offices to the existing case law before assuming dual service is permissible.

For constables specifically

The constable seat is law enforcement, lowest level. The sheriff seat is law enforcement, chief county. Both are in the executive branch. The compatibility analysis under Myers v. City of McComb is fact-specific: are the duties inherently inconsistent? The AG opinion did not answer it. If you are running for sheriff while constable, get the analysis done before election day so you have a transition plan.

For circuit clerks and county election commissioners

When a sitting officeholder qualifies for another office, accept the qualifying papers if they meet the statutory requirements. The AG opinion confirms there is no statutory prohibition on running. Whether the candidate can serve in both if elected is a separate question.

For voters

A constable running for sheriff is not breaking any rule by being on the ballot. The candidate's plan if elected (resign the constable seat or attempt to hold both) is something to ask about during the campaign.

For the Mississippi Ethics Commission

Be ready to advise on dual office-holding combinations involving constable and sheriff. The AG explicitly referenced ethics issues that would need to be addressed if Liddell wins.

Common questions

Do I have to resign my current elected office to run for another one?
Generally no. Mississippi does not have a broad resign-to-run rule. Check your specific statutes for any office-specific requirements.

Can I serve as both constable and sheriff in the same county?
The AG did not answer that. It depends on separation of powers, incompatible offices analysis under Myers v. City of McComb, and ethics rules. The Ethics Commission can give specific guidance.

What is "core power" and how does it affect dual office-holding?
Under the Mississippi Constitution's separation of powers, a person cannot hold two offices in different branches if both exercise "core powers" (substantial policy-making at the upper level of government). Sheriffs and constables both sit in the executive branch, so the analysis becomes incompatible-offices rather than separation of powers.

What is "incompatible offices"?
Per Myers, two offices are incompatible when "there is inherent inconsistency in the nature of the duties of the two offices, so that both cannot be administered by the same person." Sheriff supervises law enforcement countywide; constable serves at the district level. Whether the duties are inherently inconsistent is a fact-specific call.

Where do I go for guidance on whether I can hold both seats if I win?
The Mississippi Ethics Commission for the conflict-of-interest analysis. Your county attorney for legal review. The AG opinion on this specific situation if requested.

Background and statutory framework

There is no general statute prohibiting a candidate from running for one elected office while holding another. The constraint, if any, comes from the Mississippi Constitution's separation of powers (for cross-branch dual service), the common-law incompatible-offices doctrine, and the ethics statutes.

AG Op., Lee (Dec. 14, 2007): "an individual may serve as an elected sheriff and as an elected chief of police of a municipality located within the same county." This is a general principle of permissibility.

AG Op., Butler (May 1, 2025) explains the separation-of-powers framework. (Butler addressed school board member and city alderman as different-branch dual office.)

Myers v. City of McComb, 943 So. 2d 1, 9 (Miss. 2006): incompatible offices doctrine. Two offices are incompatible when the duties are inherently inconsistent.

Sheriff is the chief law enforcement officer of the county. Constable is a lower-level elected position with law enforcement and process-serving duties. Both are in the executive branch.

Citations

• Myers v. City of McComb, 943 So. 2d 1 (Miss. 2006) (incompatible offices doctrine)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2025/08/T.-Liddell-August-25-2025-Running-for-Sheriff-of-Noxubee-County-in-Special-Election.pdf

Original opinion text

August 25, 2025
The Honorable Tedrick Liddell
Constable, Southern District, Noxubee County
314 Allen Bend Road
Macon, Mississippi 39341
Re:

Running for Sheriff of Noxubee County in Special Election

Dear Constable Liddell:
The Office of the Attorney General is in receipt of your request for the issuance of an official
opinion.
Question Presented
As the recently elected Constable of the Southern District of Noxubee County ("County"), you
ask if you have to resign that position in order to run for Sheriff of the County in the upcoming
special election.
Brief Response
While there is no statutory prohibition against running for Sheriff while holding the position of
Constable that would require you to resign, if you were to win the election, any potential issues
regarding separation of powers and conflicts of interest would need to be addressed.
Applicable Law and Discussion
You currently hold the elected position of Constable of the Southern District of the County and
wish to place your name on the ballot for Sheriff in the upcoming special election. Being recently
elected as Constable, your name will only appear on the special election ballot as a candidate for
Sheriff. There is not a statutory prohibition against running for Sheriff while holding the elected
position of Constable in the same county.
This office has previously opined that simultaneous service in two different elected positions is
not necessarily prohibited. MS AG Op., Lee at 1 (Dec. 14, 2007) ("[A]n individual may serve as
an elected sheriff and as an elected chief of police of a municipality located within the same
county."). Nonetheless, several potential issues may arise when serving in two elected positions.
First, the issue of separation of powers must be considered. MS AG Op., Butler at 1 (May 1,
2025) (explaining the separation of powers doctrine). There is also the problem of incompatible
offices. Myers v. City of McComb, 943 So. 2d 1, 9 (Miss. 2006) ("Competing duties naturally
create 'incompatible office' issues as 'there is . . . inherent inconsistency in the nature of the duties
of the two offices, so that both cannot be administered by the same person.'") (internal citation
omitted). Finally, there may be conflict of interest issues and ethical questions that would have to
be addressed by the Ethics Commission.
Ultimately, however, and in response to your question, there is no prohibition against running for
the elected office of Sheriff while currently serving in the elected office of Constable and therefore
no requirement that you resign your current position.
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/ Misty Monroe
Misty Monroe
Assistant Attorney General