Could a Louisiana registrar of voters also serve on the State Mineral Board?

Plain-English summary

A prospective Evangeline Parish registrar of voters asked whether he could keep his appointment to the Louisiana State Mineral Board. The Attorney General said the dual officeholding statutes did not specifically address that pairing, but LA R.S. 18:63 barred a registrar from holding another elective or appointive public office or position unless law specifically allowed it. On that basis, the AG said the requester had to give up his Mineral Board appointment before assuming the registrar position.

The requester also asked about the current registrar's possible run for parish sheriff. The AG found no cited Election Code or dual officeholding provision barring a registrar from running for an elective office. He said the registrar could remain in that job during the campaign, but had to relinquish it before taking office as sheriff.

Currency note

This opinion was issued in 2001. 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

Could the requester hold the Mineral Board appointment after becoming registrar?
No. The AG said LA R.S. 18:63 would prevent him from holding both positions, so the Mineral Board appointment had to end before he assumed the registrar office.

Did the opinion forbid a registrar from running for sheriff?
No. The AG said the provisions he reviewed did not prevent a registrar from running for sheriff.

When did the AG say the registrar had to leave office if elected sheriff?
Before taking office as sheriff. The opinion said taking office generally occurs when the person takes the oath for that office.

Background and statutory framework

The opinion distinguished the general dual officeholding statutes from the Election Code. Although the former did not specifically prohibit the two appointments presented, the AG found LA R.S. 18:63 directly applicable because it barred a registrar from holding another public office or position, subject to a specific legal exception.

Citations and references

• LA R.S. 18:63

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/01-0008

Original opinion text

March 22, 2001
OPINION NUMBER 01-08

78 OFFICERS – Dual Office Holding

James C. Bertrand
The Election Code prohibits a registrar of voters to hold any
elective or appointive public office or position with the
708 Theophile Road
United States, state of Louisiana, or any of its agencies or
Ville Platte, LA 70586
political subdivisions, except as otherwise specifically
provided by law. Hence, a member of the Louisiana State Mineral Board must relinquish his appointment before assuming the position of registrar of voters.
Dear Mr. Bertrand:

We are in receipt of your request for an Attorney General’s Opinion concerning a possible dual officeholding violation. In your opinion request, you state that you currently hold the appointive position of Louisiana State Mineral Board member. Additionally, you state that you may secure the appointed position of Registrar of Voters for Evangeline Parish. Your request seeks to discern if there are any dual officeholding prohibitions if you were to simultaneously hold of these two positions.

The dual officeholding statutes do no specifically prohibit the simultaneous holding of these two positions in particular; however, there is a prohibition cited within the Election Code. Specifically, the statute directly on point is LA R.S. 18:63, which states:

A registrar, deputy registrar, or employee of a registrar shall not be eligible to hold any elective or appointive public office or position with the United States or the state or any of its agencies or political subdivisions, except as otherwise specifically provided by law.

Therefore, in the event that you were to be appointed Registrar of Voters for Evangeline Parish, LA R.S. 18:63 would prevent you from being eligible for the position you currently hold on the Louisiana State Mineral Board. Thus, you would have to relinquish your appointment to the Louisiana State Mineral Board before assuming the position of Registrar of Voters for Evangeline Parish.

Per our phone conversation on February 19, 2001, you additionally inquired as to the proper time in which the current Registrar of Voters for Evangeline Parish should relinquish his position if he wished to run for sheriff of Evangeline Parish. There is no statute within the Election Code or the dual officeholding provisions that prevents a registrar of voters from running for an elective office, including that of sheriff. The current Registrar of Voters for Evangeline Parish may serve in the capacity of that office until he assumedly would become elected Sheriff of Evangeline Parish. He must,

Page 2

James C. Bertrand
Opinion No. 01-08
Page 2

however, relinquish his position as registrar of voters before taking office as sheriff. The time for taking office is generally at which point one takes the oath for that office.

We hope this opinion addresses all of your concerns. If we can be of further assistance, please advise.

With kindest regards,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY:
ANDREW D. BENTON
Assistant Attorney General

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James C. Bertrand
Opinion No. 01-08
Page 3

OPINION NUMBER 01-08
Syllabus

78 OFFICERS – Dual Office Holding

LA R.S. 18:63

The Election Code prohibits a registrar of voters to hold any elective or appointive public office or position with the United States, state of Louisiana, or any of its agencies or political subdivisions, except as otherwise specifically provided by law. Hence, a member of the Louisiana State Mineral Board must relinquish his appointment before assuming the position of registrar of voters.

James C. Bertrand
708 Theophile Road
Ville Platte, LA 70586

Date Received:

Date Released: March 22, 2001

Andrew D. Benton
Assistant Attorney General