Garner v. State of Miss. Democratic Exec. Comm.
| Docket Number: | 2007-EC-00884-SCT Linked Case(s): 2007-EC-00884-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 06-07-2007 Opinion Author: EASLEY, J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Election contest - Residence of candidate Judge(s) Concurring: Waller and Diaz, P.JJ., Carlson, Graves, Randolph and Lamar, JJ. Non Participating Judge(s): Smith, C.J., and Dickinson, J. Procedural History: Bench Trial Nature of the Case: CIVIL - ELECTION CONTEST |
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| Trial Court: |
Date of Trial Judgment: 05-24-2007 Appealed from: Hinds County Circuit Court Judge: R. I. Prichard, III Disposition: Trial court ruled that McNair was a resident of Covington County and qualified to run as a candidate for district attorney. Case Number: 251-07-245CIV |
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| Party Name: | Attorney Name: | |||
| Appellant: | G. DAVID GARNER |
DAVID SHOEMAKE
AUDRY REGNAL BLACKLEDGE
DAVID GARNER
OBY THOMAS ROGERS |
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| Appellee: | STATE OF MISSISSIPPI DEMOCRATIC EXECUTIVE COMMITTEE, WAYNE DOWDY, CHAIRMAN, AND WILTON A. MCNAIR | BEN J. PIAZZA, JR. |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Election contest - Residence of candidate |
| Summary of the Facts: | Wilton McNair filed papers to qualify to run for the office of District Attorney for the Thirteenth Circuit Court District in the August 7, 2007, Democratic Party primary election. G. David Garner, a resident of the district, filed an objection, alleging that McNair is not a resident of the Thirteenth District. The State of Mississippi Democratic Executive Committee rejected that objection and certified McNair as a qualified candidate. Garner sought judicial review, and the special judge found that McNair was a resident of Covington County and that he was qualified to run for office in the Thirteenth District. Garner appealed. |
| Summary of Opinion Analysis: | In Mississippi, residence and domicile are synonymous for election purposes. A person’s domicile in election matters has been defined as the place where he has his true, fixed, permanent home and principal establishment, and to which whenever he is absent, he has the intention of returning. A domicile continues until another is acquired; before a domicile can be considered lost or changed, a new domicile must be acquired by removal to a new locality with intent to remain there, and the old domicile must be abandoned without intent to return thereto. The proof put forth at the hearing overwhelmingly evidences that McNair resides in Hinds County and had not established residency in Covington County. McNair admits that his residence was in Jackson until he decided to run for District Attorney in Covington County in 2002, when he first took steps to circumvent the election, homestead, and voting laws of this State. Only then did he drop his homestead exemption in Hinds County and change his voter registration to Covington County. Although he claims that he intended Covington County to be his residence, he was still residing in the Jackson home. He spent the great majority of his time there compared to Covington County. After this candidacy contest was filed, McNair undertook additional measures to try to shore up his claim of Covington County residency. He changed his driver’s license from Jackson to a Covington County post office box. He filed for homestead exemption in Covington County on his quarter interest in his mother’s former home. Given the evidence, McNair is not qualified to run for office as a Covington County resident. |
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