Could a Louisiana registrar's employee also work temporarily for the U.S. Census Bureau?

Plain-English summary

A registrar of voters asked about an employee who also worked for the U.S. Census Bureau. The AG said R.S. 42:63(A)(1) barred concurrent employment in a Louisiana political subdivision and the federal government. It found no exception in the provision for temporary federal work or work outside the registrar's regular hours.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did temporary census work qualify for an exception?
The AG said the cited law contained no such exception.

What if the census duties occurred after registrar office hours?
The opinion said the time of day did not change the dual employment result.

Background and statutory framework

R.S. 42:63(A)(1) barred a person employed in state or local government from simultaneously holding federal government employment, subject to exceptions. The AG found none applicable to the described Census Bureau job.

Citations and references

• R.S. 42:63(A)(1): state or local and federal dual employment prohibition.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0178

Original opinion text

May 12, 2000
OPINION 00-178

Honorable Mildred L. Adams
Registrar of Voters
Courthouse Building-Suite 110
300 Iberia Street
New Iberia, LA 70560

Dear Ms. Adams:

An employee of the Office of the Registrar of Voters who simultaneously holds employment with the U. S. Census Bureau would be in violation of Louisiana’s Dual Officeholding and Dual Employment Laws, R.S. 42:61, et seq, specifically, R.S. 42:63(A)(1), providing:

§ 63. Prohibitions

A. (1) Except as otherwise provided in this section, no person holding an elective office, appointive office, or employment in any of the branches of state government or of a political subdivision thereof shall at the same time hold another elective office, appointive office, or employment in the government of a foreign country, in the government of the United States, or in the government of another state. (Emphasis added).

No exception is made for temporary employment with the federal government. Further, no exception is made for services performed for the Census Bureau after regular office hours with the Registrar’s office.

Should you have any further questions in which we may provide assistance, please contact this office.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY: _______
KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL
KLK:ams

Page 2

#00-178

78 DUAL OFFICEHOLDING

R.S. 42:63

Holding employment with the U. S. Census Bureau while simultaneously holding employment within a political subdivision of the state is violative of the state dual employment laws.

Honorable Mildred L. Adams
Registrar of Voters
Courthouse Building-Suite 110
300 Iberia Street
New Iberia, LA 70560

Date Received:
Date Released: May 12, 2000

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL