Types of authority: primary, secondary, mandatory, persuasive
Five months ago your client moved to a city in Alabama from a different state. She wishes to run for city council. Your research reveals that neither does the city have an ordinance defining residency or the requirements necessary to establish residency, nor does Alabama have a statue addressing the residence requirements for municipal elections. I have, however, located the following authority.
1. A 1998 Alabama state statue which provides that a candidate for state supreme court judge must have reside in the state three years prior to the election.
2.A 2000 Georgia state statue which states that individuals running for any county or municipal office must have resided in the county or municipality for six months.
3.Resin v. City. A Georgia state Supreme Court decision holding that a person running for any municipal position must reside in the municipality for six months.
4. American Jurisprudence Second section, which provides that most states have a three months residency requirement for the purposes of eligibility to run for municipal positions.
Can you help me answer the following:
Which authority is primary authority and which is secondary authority?
Which, if any, of the authority is mandatory authority and why?
Which authority can be persuasive authority an why?