Lynd, 041772 MSAGO, 1972-0002

• Case Date: April 17, 1972
• Court: Mississippi

Honorable Theron C. Lynd No. 1972-0002 Mississippi Attorney General Opinions April 17, 1972          Honorable Theron C. Lynd          Circuit Clerk          Hattiesburg, Mississippi                    Dear Mr. Lynd:          The ratification of the 26th Amendment to the United States Constitution necessitates a reappraisal of the opinion rendered you on April 7, 1967, copy of which is attached.          The 26th Amendment, supra, provides:

“The right of citizens of the United States who are eighteen years of age or older to vote shall not be denied or abridged by the United States or by any state on account of age. “The Congress shall have power to enforce this Article by appropriate legislation.”

         The ratification of this amendment pursuant to the supremacy clause of the United States Constitution had the effect of amending Section 241 of the Mississippi Constitution of 1890 to reduce the voting age from twenty-one years old and upwards to eighteen years old and upwards.          While there were college students twenty-one years old and upwards affected by Section 241, supra, before its amendment by the 26th Amendment, supra, the ratification of the 26th Amendment, supra, vastly increased the number of college students included in the ambit of and affected by Section 241, supra, as amended, as above set forth.

“'Domicile is not determined by the fact of residence alone, but actual residence in a place is a circumstance which tends to prove domicil in that place; it is a prima facie evidence of domicil. . . . The fact that a person stays at a place may be explained, however, and the presumption of domicil arising therefrom rebutted.”

         On page 13 of the opinion in Cheek, supra, the Court stated:

“For purposes of federal diversity jurisdiction 'citizenship' and 'domicile' are synonymous. Stine v. Moore, 213 F. 2d 446 (5th Cir. 1954) . In determining one's 'citizenship' or 'domicile' statements of intent are entitled to little weight when in conflict with facts. Welsh v. American Surety Co. of New York, 186 F. 2d 16 (5th Cir. 1951) .”

         Also, Hendry & Lee v. Masonite Corp, et al., __ F. 2d __ (No. 71-2043, Opinion dated March 1, 1972) was referred to by the Court.          In Hendry, supra, on page 1 of the slip opinion, the following appears as the second paragraph:

“For purposes of federal diversity jurisdiction 'citizenship' and 'domicile' are synonymous. Stine v. Moore, 213 F.2d 446 (5th Cir. 1954) . In determining

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