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Mississippi Code

Miss. Code Ann. § 25-1-61 (2026)

Legal residence of state officers

✓ current as of July 2026
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All public officers of this state who are required to, or who for official reasons, remove from the county of their actual household and residence to another county of this state for the purpose of performing the duties of their office shall be deemed in law in all respects to be householders and residents of the county from which they so remove, unless such officer elects to become an actual householder and resident of the county to which he removed for official causes.

Codes, 1930, § 2909; 1942, § 4055; Laws, 1926, ch. 175.

Notes of Decisions
Cited in 4 cases, 1997–2015 · leading case: Steve Hale v. Mississippi Democratic Exec. Comm., 168 So. 3d 946 (Miss. 2015).
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Steve Hale v. Mississippi Democratic Exec. Comm., 168 So. 3d 946 (Miss. 2015). · cites it 4× “Miss. Code Ann. § 25-1-61 (Rev. 2010). 12 The circuit court considered this testimony in addition to the kilowatt hours of electricity the couple consumed at the Peel Lane home and determined that “counting kilowatt hours cannot be the sole determination of where a person lives…”
Young v. Stevens, 968 So. 2d 1260 (Miss. 2007). · cites it 2× “Young relies on Miss.Code Ann. § 25-1-61 (Rev. 2006) which provides: All public officers of this state who are required to, or who for official reasons, remove from the county of their actual household and residence to another county of this state for the purpose of performing…”
Robertson v. Comm'r, 1997 T.C. Memo. 526 (Tax Ct. 1997). · cites it 3× “Petitioner and other present and former Justices testified that this latter phrase means that there is no legal requirement that Justices maintain their residences in their home districts while serving on the Mississippi Supreme Court.”
Steve Hale v. Mississippi Democratic Exec. Comm. (Miss. 2015). · cites it 2× “Miss. Code Ann. § 25-1-61 (Rev. 2010). 12 The circuit court considered this testimony in addition to the kilowatt hours of electricity the couple consumed at the Peel Lane home and determined that “counting kilowatt hours cannot be the sole determination of where a person lives…”
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