JACKSON - The Mississippi Republican Party has challenged the candidacy of Hiram Eastland III for the state Senate.
In a letter dated Sept. 21, Arnie Hederman, executive director of the state Republican Party, charged that Eastland has failed to meet the residency requirements of two years prior to the election to hold the office. He pointed to printouts from official records from the Mississippi State Tax commission showing Eastland has claimed homestead exemption for property in Hinds County.
Eastland, 28, is one of five candidates seeking the Senate District 14 seat left vacant by the death of Robert "Bunky" Huggins, R-Greenwood, in May. The district includes portions of Leflore and Carroll counties.
The Republican Party raised the same issue about Jonathan McMillan, who had announced his candidacy from Kilmichael. McMillan had filed for homestead exemption in Madison County.
However, McMillan withdrew from the race several days ago, according to the Secretary of State's Office.
Hederman points out in his letter a ruling in a case from 1996 in which the Mississippi Supreme Court ruled "there is a strong but rebuttable presumption of residency in the county where the homestead exemption is filed."
Hederman wrote, "We know of no evidence to rebut the presumption of residence established by these current homestead exemptions. Certainly, there is no evidence which would support a conclusion that either Mr. McMillan or Mr. Eastland has been an actual resident of Senate district 14 for two years before the scheduled election date of Nov. 7, 2006."
Eastland was not surprised when he heard of the challenge. "We thought they would do that," he said. "We were prepared."
All candidates in a special elections must run as independents, according to state law.
Eastland said he sought and received an opinion from the state Attorney General's Office that said he could maintain residency in Leflore County, although he lived in Jackson to attend law school at Mississippi College School of Law and to work for the Attorney General's Office.
Until recently, Eastland worked in the opinions division of the Attorney General's office. After he decided to run for the Senate seat, he took a job with Boys State.
Eastland said he never changed residences. He maintained a permanent address in Leflore County, he said, and moved to Jackson for the convenience of being close to school and work.
A copy of a parcel ticket from the Mississippi State Tax Commission shows Eastland and his wife owning a house and lot in Pinehurst Place Subdivision in Jackson. Pinehurst is in a section of Jackson commonly known as the Belhaven area because it is near Belhaven College. The data listed is from 2005, according to the Tax Commission's Web site.
Eastland is not listed on the property tax roll submitted for Leflore County for 2005, according to the Tax Commission's Web site.
David Blount, a spokesman for the Mississippi Secretary of State's Office, said the issue would be considered when the state Election Commission meets again to certify the ballot, just prior to the election. The state election Commission is made up of Secretary of State Eric Clark, Attorney General Jim Hood and Gov. Haley Barbour.
Last week, the commission by a 2-1 vote extended the deadline for qualifying for the races in special elections to Oct. 24. The qualifying deadline had been set for Sept. 8 after the governor called for the special elections to fill the four vacated legislative seats, including two that involve Leflore County.
The other seat involving Leflore County is in the House of Representatives District 34. It was vacated by the death of Rep. May Whittington, D-Schlater, in July. So far, three candidates have announced they'll seek that seat.
