Judges: WINSTON BRYANT, Attorney General
Filed Date: 9/4/1996
Status: Precedential
Modified Date: 7/5/2016
The Honorable James C. Scott State Senator 321 State Highway 15 North Warren, Arkansas 71671
Dear Senator Scott:
This opinion is being issued in response to the following question, which you have presented:
Can a mayor who is not a resident of a city serve as mayor of that city?
It is my opinion that a mayor who is not a resident of a city may not serve as mayor of that city.
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The court has recognized that the term "residence" can be rather nebulous, in that a person can conceivably have more than one residence, or can have a temporary residence. See Davis v. Holt,
It should be noted that the question of domicile (and therefore the question of residence in the context of Article 19, § 3) is one of fact that must be determined on the basis of all of the relevant factors.Davis, supra; Charisse, supra. One of the most important factors to be considered in determining a person's domicile (i.e., residence) is intent. Id. I have previously opined that other factors that are relevant to this consideration are location of residence ownership; voter registration information; location of the exercise of voting rights; location of personal property tax assessment; and other statements and conduct of the person involved. See Op. Att'y Gen. No.
I must therefore conclude that in order to be elected to the office of mayor, the candidate must be a resident of the city in which he or she wishes to be mayor.
It should also be noted that a mayor's change in residence during the term of office to a location outside of the city does not automatically create a vacancy in the office. An intention to abandon an office must be clearly shown in order to establish a vacancy. The mayor is otherwise a "de facto" officer. See, e.g., Gladson v. Wilson,
Nevertheless, I conclude that a mayor must be a resident of the city for which he or she wishes to be mayor. Accord, Ops. Att'y Gen. Nos.
The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Suzanne Antley.
Sincerely,
WINSTON BRYANT Attorney General
WB:SBA/cyh