Why was Oakdale's primary rescheduled after a candidate died and a new candidate qualified, then withdrew?

Plain-English summary

Oakdale's mayor asked why a primary election had been moved after an opposed candidate died between qualifying and election day. In 2000, the attorney general's office said the death triggered reopened qualifying under R.S. 18:469. When another candidate qualified during that reopened period, the statute required the primary votes for the office to be voided and the primary to be held on the original general-election date. The office said election officials were required to follow that mandatory language.

The new candidate withdrew shortly after reopened qualifying closed, removing the practical need for added campaign time suggested by the mayor. The opinion said the statute did not address that withdrawal. It did not announce an administrative exception that would restore the original election date; it identified legislation as the route for addressing the gap if lawmakers chose to do so.

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.

Election officials at the time

The office said the candidate's death reopened qualifying and the additional qualification required voiding the primary votes and rescheduling the election. It read the statute's "shall" language as mandatory.

Candidates at the time

The opinion recognized that the additional candidate later withdrew. It said the statute did not specify what to do with the rescheduling after such a withdrawal.

Local voters at the time

The opinion explained that votes for the deceased candidate would not count and that the office's reading placed the rescheduled primary on the date originally set for the general election. It did not create a withdrawal exception for the election already rescheduled.

Common questions

Q: What triggered reopening of candidate qualifying?
A: An opposed candidate died after qualifying closed but before the primary election, which the opinion said triggered R.S. 18:469.

Q: Why did the primary move to the general-election date?
A: Another candidate qualified during the reopened period. The opinion read the statute to require voiding the original primary votes and rescheduling the primary.

Q: Did the new candidate's withdrawal undo that statutory trigger?
A: The opinion said the law did not address a withdrawal soon after reopened qualifying closed. It did not identify a statutory exception allowing officials to undo the rescheduling.

Background and statutory framework

R.S. 18:469, quoted at length in the opinion, addressed a candidate's death, reopened qualifying, notice, and the effect on a primary held within thirty days. The office applied its mandatory language to Oakdale's sequence of death, new qualification, and later withdrawal. It also cited the Civil Code's rule that clear law is applied as written and identified the legislature as the body that could address the unprovided-for withdrawal scenario.

Citations and references

• R.S. 18:469 (candidate death, reopened qualifying, and election rescheduling)
• C.C. Art. 9 (clear statutory language, quoted in the opinion)
• C.C.Art. 1 (sources of law, quoted in the opinion)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0389

Original opinion text

October 26, 2000
OPINION NUMBER 2000-389

Honorable Bobby Abrusley The Election Code mandates that a primary election be rescheduled to the
Mayor, City of Oakdale
general election date when a candidate dies after the close of qualifying,
but before the primary election, and qualifying is reopened and an
P. O. Box 728
additional candidate qualifies. The law does not address the situation
Oakdale, Louisiana 71463 where the additional candidate who qualified withdraws shortly after the close of the reopened qualifying period.

Dear Mayor Abrusley:

We are in receipt of your request for an Attorney General’s Opinion on the reopening and rescheduling of an election when a candidate dies after the close of qualifying, but prior to the election, and another candidate qualifies for the election. You seek our opinion on the reasoning behind this law [R.S. 18:469] for postponing the primary election until the general election in November.

It is our opinion that the law is clear. R.S. 18:469 provides:

A. When a person who qualified as a candidate and has opposition in a primary election for a public office dies after the close of the qualifying period and before the time for closing the polls on the day of the primary election, the qualifying period for candidates in the primary election for that office shall reopen for candidates on the day after the death and shall close at 5:00 p.m. on the third day after the death … The name of the deceased candidate shall not be printed on the primary election ballot. If the primary election ballot was printed with the deceased candidate’s name on it, any votes received by the deceased candidate shall be void and shall not be counted for any purpose whatsoever.

C. Whenever the qualifying period is reopened as required by Subsections A or B hereof, the clerk of court shall cause notice of the reopening, listing the dates and times the period shall run, to be posted in a prominent place …
D. Effect on primary election. (1) If the qualifying period for candidates reopens within thirty days before a primary election, all the votes cast in the primary election for that public office are void, unless the qualifying period for the office reopened and closed without additional candidates qualifying for the office. If additional candidates qualify for the office and the votes for the

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Honorable Bobby Abrusley
Opinion Number 2000-389
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primary will be void for that reason, the clerk of court with whom any of the additional candidates qualified shall immediately publish in the official journal of the parish a notice to the electorate that the election for that office has been voided because new candidates qualified. Such notice shall include the dates for the rescheduled primary and general elections. … (2) If all the votes cast in a primary election for a public office are void because of the death of a candidate, the primary election for the office shall be held on the date of the general election, and the general election for the office shall be held on the fourth Saturday after the primary election. …

Our Civil Code directs, “When a law is clear and unambiguous and its application does not lead to absurd consequences, the law shall be applied as written and no further interpretation may be made in search of the intent of the legislature.” C.C. Art. 9. Louisiana Revised Statutes 1:3 provides:

∋ 3. Words and phrases; how construed

Words and phrases shall be read with their context and shall be construed according to the common and approved usage of the language. Technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in the law, shall be construed and understood according to such peculiar and appropriate meaning.
The word ‘shall’ is mandatory and word ‘may’ is permissive.
(Emphasis added).

The fact that a candidate died after the close of the qualifying period but before the closing of the polls on the primary election date triggered the reopening of qualifying pursuant to R.S. 18:469. The fact that an additional candidate qualified for the office triggered the voiding of all votes for the primary and triggered the rescheduling of the primary and general elections. The law uses the word “shall” for the rescheduling of the primary election to the general election date, which is mandatory. Therefore, our election officials were required to follow the clear language of the law and reschedule the primary election in this matter from October to November.

We understand that the additional candidate who qualified for the office withdrew shortly after the close of qualifying, having the effect of not changing the ballot with regard to the remaining candidates. You have suggested that the purpose of rescheduling the election is to give the additional candidate ample time to campaign for the election, which is logical. The past history of this law leads us to believe that the law was written for at least the purposes of reopening

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Honorable Bobby Abrusley
Opinion Number 2000-389
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qualifying after a candidate dies and making sure that any votes received for the deceased candidate would be void. Certainly, the withdrawing of the additional candidate shortly after the close of qualifying negates the need for additional campaign time. Nevertheless, the law does not provide for this situation. Our Civil Code provides that “the sources of law are legislation and custom”. C.C.Art.

1. Thus, the legislature is the appropriate branch of government to review and
   address this matter legislatively, if they find it necessary.

We hope this opinion adequately answers your question. If we can be of service in the future, please do not hesitate to contact our office.

Yours very truly,

RICHARD P. IEYOUB
ATTORNEY GENERAL

ANGIE ROGERS LAPLACE
Assistant Attorney General

RPI/ARL;mjb

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Honorable Bobby Abrusley
Opinion Number 2000-389
Page -4-

OPINION NUMBER 00-389
SYLLABUS

The Election Code mandates that a primary election be rescheduled to the general election date when a candidate dies after the close of qualifying, but before the primary election, and qualifying is reopened and an additional candidate qualifies. The law does not address the situation where the additional candidate who qualified withdraws shortly after the close of the reopened qualifying period.

Honorable Bobby Abrusley
Mayor, City of Oakdale
P. O. Box 728
Oakdale, Louisiana 71463

Date Received:
Date Released: October 26, 2000

ANGIE ROGERS LAPLACE
Assistant Attorney General