Did 486 votes constitute a majority in Brusly's five-seat council race?

Plain-English summary

The Secretary of State's general counsel asked whether a candidate with 486 votes had a majority in Brusly's election for five council seats. The statutory calculation took 4,857 votes cast for all candidates, divided by five seats, then divided by two, producing 485.7. In 2000, the attorney general's office said 486 was greater than 485.7 and therefore met the majority requirement in LSA-R.S. 18:511(A).

The Secretary of State's computer rounded 485.7 to 486. The opinion said the statute required comparison with the calculated result, not an extra vote above a rounded whole number. It noted that a 1977 amendment had replaced earlier "plus one vote" language with "greater than the result" wording.

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 applied the statutory multi-seat formula to the unrounded result. It said a candidate's 486 votes satisfied the requirement because they exceeded 485.7.

Municipal candidates at the time

The opinion addressed a five-seat race, where the majority calculation differed from a simple majority of votes cast for one office. It did not require 487 votes merely because the computer displayed 486 after rounding.

Local voters at the time

The office explained why 486 votes constituted a majority in this race: the law called for a total greater than the formula's result, and 486 was greater than 485.7.

Common questions

Q: Was 486 more than the statutory majority threshold of 485.7?
A: Yes. The opinion used the unrounded calculation and said 486 met the "greater than" requirement.

Q: Did the election computer's rounding require a candidate to receive 487 votes?
A: No. The opinion said rounding 485.7 to 486 did not change the statute's comparison with 485.7.

Q: How was the threshold calculated for five council seats?
A: The opinion divided all candidates' 4,857 votes by five offices, then divided that result by two, yielding 485.7.

Background and statutory framework

LSA-R.S. 18:511(A) set the majority calculation when two or more offices of the same character were being filled. The office compared the votes for candidate Ronda D. Perrault with the formula's result. It also noted that the legislature had changed the law in 1977 from an earlier rule requiring one vote above the result.

Citations and references

• LSA-R.S. 18:511(A) (multi-seat primary majority formula)
• Art. 9 (clear-law rule quoted in the opinion)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0401

Original opinion text

October 12, 2000
OPINION NUMBER 00-401

Merietta Spencer Norton
When there are two or more offices to be filled,
the number of votes necessary to constitute a
General Counsel
majority must be greater than the result [total
Secretary of State’s Office votes cast for all candidates ÷ by number of offices to be filled = x ÷ 2 = result]. In this matter
P. O. Box 94125
the number of votes received by the candidate
Baton Rouge, LA 70804-9125 [486] is greater than the result [485.7], and thus, constitutes a majority.

Dear Ms. Norton:

Your request for an Attorney General’s Opinion regarding certain election results have been forwarded to me for research and reply. You seek an interpretation of LSA-R.S. 18:511(A). You presented the following facts:

There were 4857 votes cast for five council seats in the city council race for the Town of Brusly. The application of the formula set forth in La. R.S. 18:511A came to a total of 485.7 votes. The Secretary of State’s computer will round the 485.7 votes to 486 votes and Ronda D. Perrault received 486 votes.

You seek our opinion on the question of whether 486 votes would be sufficient to constitute a majority pursuant to LSA-R.S. 18:511(A).

LSA-R.S. 18:511(A) states:

A. Majority vote. A candidate who receives a majority of the votes cast for an office in a primary election is elected. If there are two or more offices of the same character to be filled, the number of votes necessary to constitute a majority shall be greater than the result obtained by dividing the total votes cast for all of the candidates by the number of offices to be filled and dividing the result so obtained by two. If more candidates receive a majority than there are offices to be filled, those of such candidates receiving the highest total of votes shall be elected, to the number required to fill all of the offices. Any votes received by a withdrawn candidate or a deceased candidate shall be void and shall not be counted for any purpose whatsoever. (Emphasis added).

As originally enacted in 1976, this provision of the law provided for the result to be determined by dividing the total votes cast for all of the candidates by the

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OPINION NUMBER 00-401
Marietta Spencer Norton
Page - 2 -

number of offices to be filled and dividing the result by two and adding one vote. The law was amended in 1977 to provide for the greater than the result language, rather than the adding one vote language.

The Louisiana Civil Code provides for the interpretation of laws as follows:

Art. 9 Clear and unambiguous law

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.

It is our opinion that LSA-R.S. 18:511(A) is clear in its meaning that a majority is constituted when the vote is greater than the result obtained as provided by law. This interpretation of the law is consistent with the legislative history, which previously amended the law that had required the vote be one more than the result. Regardless of the fact that the Secretary of State’s computer rounds the result [485.7] to the nearest whole number [486], it remains our opinion that the vote in this matter [486] is greater than the result obtained as provided by law
[485.7].

If we can be of further assistance, please advise.

Yours very truly,

RICHARD P. IEYOUB
ATTORNEY GENERAL

ANGIE ROGERS LAPLACE
Assistant Attorney General

RPI/ARL;mjb

Cc: Hon. Suzanne Haik Terrell

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OPINION NUMBER 00-401
Marietta Spencer Norton
Page - 2 -

OPINION NUMBER 00-401
SYLLABUS

When there are two or more offices to be filled, the number of votes necessary to constitute a majority must be greater than the result [total votes cast for all candidates ÷ by number of offices to be filled = x ÷ 2 = result]. In this matter the number of votes received by the candidate [486] is greater than the result
[485.7], and thus, constitutes a majority.

Merietta Spencer Norton
General Counsel
Secretary of State’s Office
P. O. Box 94125
Baton Rouge, LA 70804-9125

Date Received:
Date Released: October 12, 2000

ANGIE ROGERS LAPLACE
Assistant Attorney General