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. The brief response adds that "if you were to win the election, any potential issues regarding separation of powers and conflicts of interest would need to be addressed." The opinion lists three such potential issues without resolving any of them:

1. Separation of powers, citing the Butler opinion (May 1, 2025) as "explaining the separation of powers doctrine."

2. Incompatible offices, citing Myers v. City of McComb, 943 So. 2d 1, 9 (Miss. 2006): "'there is . . . inherent inconsistency in the nature of the duties of the two offices, so that both cannot be administered by the same person.'"

3. Conflict of interest and ethical questions, which the opinion says "would have to be addressed by the Ethics Commission."

The AG did not work through those issues, noting they would only arise if Liddell won. The narrow question presented (can he run while still serving as constable?) is answered yes.

What this means for you

For a constable (or other officeholder) running for sheriff

The opinion holds there is "no statutory prohibition against running for Sheriff while holding the elected position of Constable in the same county," so no resignation is required to qualify and run. It supports that with the Lee opinion's statement that "an individual may serve as an elected sheriff and as an elected chief of police of a municipality located within the same county" and the observation that "simultaneous service in two different elected positions is not necessarily prohibited."

The opinion is careful to separate running from serving. It states that if the candidate wins, "any potential issues regarding separation of powers and conflicts of interest would need to be addressed," and it lists separation of powers, incompatible offices (under Myers v. City of McComb), and conflict-of-interest/ethics questions (for the Ethics Commission) as the issues that would arise. It does not resolve them.

For circuit clerks, county election commissioners, and voters

The opinion's holding is limited to the candidacy: there is no statutory bar to a sitting constable appearing on the ballot for sheriff. Whether the same person could serve in both offices if elected is, on the opinion's own terms, a separate question it did not decide.

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 "incompatible offices"?
The opinion lists this as one of the issues that would have to be addressed if the candidate won, quoting Myers v. City of McComb: two offices raise an "'incompatible office' issue" 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." The opinion did not decide whether the constable and sheriff offices are incompatible.

Where do I go for guidance on whether I can hold both seats if I win?
The opinion points conflict-of-interest and ethical questions to the Mississippi Ethics Commission. It does not itself resolve whether the two offices may be held together.

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." The opinion cites it for the proposition that "simultaneous service in two different elected positions is not necessarily prohibited."

AG Op., Butler (May 1, 2025): the opinion cites it as "explaining the separation of powers doctrine," without describing its facts.

Myers v. City of McComb, 943 So. 2d 1, 9 (Miss. 2006): the opinion quotes it for the incompatible-offices standard, that competing duties create an issue where "there is . . . inherent inconsistency in the nature of the duties of the two offices, so that both cannot be administered by the same person."

The opinion did not decide which branch each office occupies or whether the two offices are compatible; it listed these as issues that would need to be addressed only if the candidate won.

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