Ezel / AG Opinions / LA

Could Louisiana lawmakers use Interim Emergency Board mail-ballot rules to approve casino support contracts?

Short answer The 2000 opinion said the legislature could use the mail-ballot procedures in La. R.S. 39:461.1 for casino support-service contracts because La. R.S. 27:247 allowed mail voting but gave no preparation or mailing procedure.
State
Louisiana
Opinion
La. Atty. Gen. Op. 00-0449
Issued
November 17, 2000
Issued by
Richard P. Ieyoub, Attorney General of Louisiana
Requested by
Michael S. Baer III, Secretary of the Senate, and Alfred W. Speer, Secretary of the House
Source
View official page

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 secretaries of Louisiana's Senate and House asked how the legislature could prepare and mail ballots to approve casino support-service contracts. La. R.S. 27:247 allowed a mail ballot for these contracts but specified no ballot procedure. In 2000, the attorney general's office said the legislature could use the existing procedures in La. R.S. 39:461.1, which governed Interim Emergency Board mail ballots.

The opinion relied on the procedural gap in the casino statute and the requester's statement that the legislature had previously followed the other statute's detailed mail-ballot process. It did not decide whether any specific contract should be approved.

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.

Legislative staff at the time

The opinion allowed the legislature to borrow the specified preparation and mailing procedure for a casino support-service contract ballot.

Lawmakers at the time

The office addressed the method for submitting a contract for approval by mail. It gave no judgment on the merits of any proposed contract.

Common questions

Q: Did the casino statute itself say how to prepare and mail the ballot?
A: No. The opinion said La. R.S. 27:247 authorized a mail ballot but was silent on that procedure.

Q: What procedure could the legislature use?
A: The office said it could use the detailed procedure in La. R.S. 39:461.1.

Background and statutory framework

La. R.S. 27:247 provided for legislative approval of casino support-service contracts by mail ballot. La. R.S. 39:461.1 supplied preparation and content rules for Interim Emergency Board mail ballots. The office applied those existing rules to the procedure left unspecified in the casino provision.

Citations and references

  • La. R.S. 27:247 (casino support-service contract mail ballot)
  • La. R.S. 39:461.1 (mail-ballot procedure)

Source

Original opinion text

November 17, 2000
OPINION NUMBER 00-449
23 ELECTIONS
La. R.S. 27:247
La. R.S. 39:461.1
Legislature may utilize the procedures set forth in La. R.S.
39:461.1 for the mail ballot for approval of Casino Support Service contracts.

Mr. Michael S. Baer, III
Mr. Alfred W. Speer
Secretary of the Senate
Secretary of the House
State Capitol
State Capitol
Post Office Box 94183
Post Office Box 94062
Baton Rouge, Louisiana 70804
Baton Rouge, Louisiana 70804

Dear Mr. Baer and Mr. Speer:

We received your request for an opinion regarding La. R.S. 27:247. This statute provides that Casino Support Services contracts may be presented to the legislature for approval by mail ballot. However, the statute is silent as to the procedure for preparing and mailing the ballot. It is our understanding from your request that in the past the legislature followed the procedures found in La. R.S. 39:461.1 for a mail ballot. La. R.S. 39:461.1 pertains to the Interim Emergency Board and does in fact provide a very specific procedure for the preparation and content of mail ballots. In view of the absence of specific procedures in R.S. 27:247, it is our opinion that the legislature may utilize the procedures set forth in La. R.S. 39:461.1 for the mail ballot for approval of Casino Support Service contracts.

If you have any questions or comments, please do not hesitate to contact our office.

With kindest regards,

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY:
TINA VICARI GRANT
Assistant Attorney General
RPI/TVG/crt

Page 2

OPINION NUMBER 00449

SYLLABUS

23 ELECTIONS

La. R.S. 27:247
La. R.S. 39:461.1

Legislature may utilize the procedures set forth in La. R.S. 39:461.1 for the mail ballot for approval of Casino Support Service contracts.

Mr. Michael S. Baer, III
Secretary of the Senate
State Capitol
Post Office Box 94183
Baton Rouge, Louisiana 70804

Mr. Alfred W. Speer
Secretary of the House
State Capitol
Post Office Box 94062
Baton Rouge, Louisiana 70804

DATE RECEIVED: 11/06/00

DATE RELEASED: November 17, 2000

AUTHOR: Tina Vicari Grant
Assistant Attorney General

What does Louisiana law say today, for your facts?

This opinion is from 2000. Ezel checks the current Louisiana statutes and case law, applies them to your situation, and cites what it relies on.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace