Could a Louisiana parish coroner also serve as a part-time deputy custodian of voting machines?

Short answer The 2000 opinion said yes. Bienville Parish's coroner held a local elective office, and the proposed deputy voting-machine custodian job was a local part-time appointive position; the office found that combination permitted under the dual-officeholding laws.
State
Louisiana
Opinion
La. Atty. Gen. Op. 00-0348
Issued
October 13, 2000
Issued by
Richard P. Ieyoub, Attorney General of Louisiana
Requested by
James W. Martin, Bienville Parish Clerk of Court

Apply this to your situation

This page answers the general question as of 2000. Ask about yours and see what current Louisiana law means for your facts, with citations you can check.

Disclaimer: This is an official Louisiana Attorney General opinion, issued in 2000. AG opinions are advisory and reflect the law at the time; they are not binding court precedent. This page is historical context, not current legal advice.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked on this page as an official web page) is the authoritative source for any reliance.
View original AG opinion (official page)

Plain-English summary

The Bienville Parish clerk of court asked whether he could appoint the parish coroner as deputy custodian of voting machines. In 2000, the attorney general's office said the appointment would not violate Louisiana's dual-officeholding laws.

The office classified the coroner as a local elected official and the deputy custodian as a local part-time appointee. It said the dual-officeholding statutes allowed that combination, and cited the election statute authorizing temporary help and deputy custodians for polling places.

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.

Parish coroners at the time

The opinion allowed the coroner to accept the described part-time deputy custodian appointment while holding the elected coroner's office.

Clerks of court at the time

The office concluded that the clerk could make this appointment without violating the dual-officeholding provisions it reviewed.

Common questions

Q: Did the coroner have to leave elected office to take the voting-machine position?
A: The opinion said no. It treated the deputy custodian position as a permissible local part-time appointment alongside local elective office.

Q: Why did the office call the deputy job part time?
A: The election statute quoted in the opinion allowed the custodian to employ people temporarily as needed and to appoint a deputy for a polling place considered necessary.

Q: Did the opinion approve every second job a coroner might take?
A: No. It classified this specific voting-machine deputy position and applied the dual-officeholding laws to that pairing.

Background and statutory framework

The office discussed LA R.S. 42:61 et seq. as the dual-officeholding framework. It relied on LA R.S. 18:1354 (C), which allowed temporary assistance for the voting-machine custodian and appointment of deputy parish custodians. The conclusion followed from the local elective and local part-time appointive classifications.

Citations and references

  • LA R.S. 42:61 et seq. (dual-officeholding laws)
  • LA R.S. 18:1354 (C) (voting-machine custodian assistance and deputy appointments)

Source

Original opinion text

October 13, 2000
OPINION NUMBER 00-348

78 OFFICERS - Dual Office Holding
James W. Martin
Clerk of Court
LA R.S. 42:61 et seq.
Bienville Parish
LA R.S. 18:1354 (C)
100 Courthouse Drive
The Clerk of Court of Bienville Parish may appoint as a
Arcadia, Louisiana 71001
deputy custodian of voting machines the Coroner of
Bienville Parish.
Dear Mr. Martin:

We are in receipt of your request for an Attorney General’s Opinion concerning a dual employment issue. Specifically, you ask whether you as Clerk of Court may appoint as a deputy custodian of voting machines the Coroner of Bienville Parish.

The dual officeholding laws, LA R.S. 42:61 et seq., apply in general to a person holding two positions at the same time. These statutes allow a person holding a local elective position to hold a local part-time appointive position. The office of Coroner of Bienville Parish is classified as a local elective office. Under LA R.S. 18:1354 (C), it is apparent that the position of deputy custodian of voting machines is a local part-time appointive position. Specifically, LA R.S. 18:1354 (C) states in pertinent part:

The parish custodian of voting machines may employ persons on a temporary basis, as needed, to assist him in the performance of his duties. He may appoint a deputy parish custodian of voting machines for any polling place he deems necessary. [Emphasis added].

Therefore, it is our the opinion that the part-time appointment of deputy custodian of voting machines and the local elective position of coroner will


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James W. Martin
Opinion No. 00-348
Page 2

not violate the dual officeholding laws. If our office can be of further assistance, please advise.

Yours very truly,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY: ____
ANDREW D. BENTON
Assistant Attorney General


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James W. Martin
Opinion No. 00-348
Page 3

OPINION NUMBER 00-348

Syllabus

78 OFFICERS - Dual Office Holding

LA R.S. 42:61 et seq.
LA R.S. 18:1354 (C)

The Clerk of Court of Bienville Parish may appoint as a deputy custodian of voting machines the Coroner of Bienville Parish.

James W. Martin
Clerk of Court
Bienville Parish
100 Courthouse Drive
Arcadia, Louisiana 71001

Date Received:

Date Released: October 13, 2000

Andrew D. Benton
Assistant Attorney General

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