The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-03-20
ELIGIBILITY TO OFFICE.
An Opinion by the Acknowledgement of In
terest to Candidates for Township Offices.

Governor Gray has submitted to Attorney
general Hord, for an official opinion, the ques-
ton: Suppose person has resided in certain
county in the State of Indiana for twenty-five
years, and has removed to and taken up his resi-
dence in adjoining township in the same
county, fftyth days before the day of the
election in April, and continues to reside there
up to the election and afterwards such
person qualify and hold the Office Of town
ship assessor If elected, in such townshipp
In reply, the Attorney general says: "The
Office of township assessor was created by
statute and not by the Constitution but the Con-
stitution declares that township officers shall re-
side within the township in which they shall
hold Office. In the case of township offices of
statutory creation, although the Constitution
requires them to reside III the township, yet the
courts have maintained the right to impose other
limitations and qualifications upon them. In
the case of Barker VS.. People e Cow. ESQ., 703. it
was held that eligibility to Office belongs not
exclusively or specially to electors enjoying the
right OF suffrage 1t belongs equally to all per
sons whomsoever, not excluded by the Constitu
tion. In other cases it, has been held to be a
fundamental principle of our government that
person not an eector of the State is ineligible to
hold public Office therein. although the Consti-
tuition and statutes do not expressly so ordain.
There is nothing in the Constitution or statute
that declares minor to be ineligible to Office
under the laws of the State yet he cannot dur
ing his infancy qualify and hold public Office.
An alien, until he files his declaration of inten-
ton and becomes voter and elector, cannot
hold any public Office in this State, although
there is no express prohibition by the Consti-
tuition or statutes to his eligibility, except as
to the Offices of Governor, acknowledgements,
senator and representative. 1t is not essential
to the solution of the question submitted by you
for me to give an opinion as to whether or not
residence within his township is the only quallf
cation required for assessor or whether he
must be an elector in his township as the facts
stated in your question show him to be resi-
dent, and he will become a voter and eeetor be-
fore his term of Office can commence. An
elector and voter is eligible to hold Office under
the laws of Indiana. The phrase eligible TO
Office" has reference to the qualification to hold
the office, and not to the election to such Office.
It means legally qualified" Although per-
son may be ineligible when elected, yet if he is
eligible before the commencement of his term Of
Office, he may Cpalify and act person may
not have the proper age or residence ct the time
OF the election to render him an elector under
the Constitution, yet if he becomes voter and
the disability Is removed before the term
Of Office for which he was elected
commences, such person may lawfully
qualify and enter the duties of such Office The
Constitution requires residence in township
OF sixty days to render a person an elector.
Section LOG of an act entitled "An Act Concern
ing AaAdtIou, dppToFcu AdrCu 10, Iocly CeIeE-
ring to the assessor, provides within ten days
after bis election he shall give bonds. etc.
Thereafter another statute was enacted entitled
IAN Act Concerning Elections and the Contest
Thereof" approved April Il, 1881. which pro-
vides for the election of assessors and the deliv
cry of certificates of elections, and it modifes the
foregoing statute by providing such certificate
shall entltle the holder to qualify and enter upon
the discharge of the duties of the Office to which he
is elected at the expiration of ten days from the
day of such election" An assessors term of Office
cannot commence until the expiration of ten
days from the day of such election. If the as
SCISSOR elected has resided in the township fifty
three days prior to the day Of election, super
adding the ten days lapsine after the election,
befor. the term of Office begins. giving the
proper residence of sixty days, he becomes an
elector before the commencement of his term of
office and he can lawfully qualify and hold the
Office of assessor