Edwards v. Stevens
| Docket Number: | 2007-EC-00710-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 05-31-2007 Opinion Author: WALLER, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Election contest - Miss. Const. art. 4, § 41 - Residency requirement Judge(s) Concurring: Smith, C.J., Diaz, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ. Nature of the Case: CIVIL - ELECTION CONTEST |
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| Trial Court: |
Date of Trial Judgment: 04-27-2007 Appealed from: Hinds County Circuit Court Judge: Billy Joe Landrum Disposition: The court held a hearing to determine whether Charles Edwards was qualified to be certified as a candidate based on a challenge to his residency. Judge Landrum found that Edwards had not lived in the district for two years prior to the election. Judge Landrum ordered that Edwards’ name be removed from the ballot. Case Number: 251-07-264CV |
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| Note: | Appellee's letter request to supplement the record on appeal is dismissed as moot. | |
| Party Name: | Attorney Name: | |||
| Appellant: | CHARLES C. EDWARDS AND
MISSISSIPPI DEMOCRATIC PARTY
STATE EXECUTIVE COMMITTEE |
BETH BURTON
WAYNE DOWDY |
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| Appellee: | MARY ANN STEVENS | 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 - Miss. Const. art. 4, § 41 - Residency requirement |
| Summary of the Facts: | Incumbent Representative Mary Ann Stevens timely filed qualifying papers with the Mississippi Democratic Party State Executive Committee for the purpose of being certified as a candidate for the House of Representatives, District 48, in the August 7, 2007, party primary election. Stevens received a letter on March 16, 2007, notifying her that her qualifications were being challenged. Stevens asserts that her party loyalty was questioned at the hearing and that the MDPSEC refused to certify her as a candidate for the Democratic Party on that basis. The MDPSEC did however certify Charles Edwards as a candidate for the post. Stevens filed a petition for judicial review in the circuit court. The court entered an agreed order which declared Stevens to be qualified for certification as a candidate for House District 48 in the Democratic Party Primary Election. The court held a hearing to determine whether Charles Edwards was qualified to be certified as a candidate based on a challenge to his residency. The judge found that Edwards had not lived in the district for two years prior to the election and ordered that Edwards’ name be removed from the ballot. Edwards and the MDPSEC appeal. |
| Summary of Opinion Analysis: | Miss. Const. art. 4, § 41 requires that a candidate for the House of Representatives live/reside in the district which he will serve for a period of two years immediately preceding the election. A potential candidate must therefore be able to prove residency in the district since at least November 7, 2005. Both sides agree that Edwards grew up on his parents’ farm in House District 48, where the mailing address is 27586 Highway 17 North, Lexington, Mississippi, and that Edwards left home to attend college and law school. The parties disagree as to whether Edwards intended to return and took steps to accomplish that purpose. The record clearly shows that Edwards resided outside the district from November 2005 until April 2006, when he abandoned the marital home. His testimony and employment have shown that he did not actually live in House District 48 following graduation from law school as well as for the two years preceding this year’s general election. |
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