Did New Orleans charter-amendment signatures have to be gathered in person under Louisiana's petition statute?

Plain-English summary

The Attorney General clarified an earlier opinion that had rejected mailed signatures for petitions subject to R.S. 18:3. He said a petition to amend New Orleans's pre-1974 home rule charter was different. The charter directed petitioners to file with the city council and did not require the registrar of voters to certify the petition. The city's charter, rather than the personal-circulation conclusion in Opinion 01-71, supplied the petition requirements.

The opinion said the council had to determine whether the charter's threshold was met: signatures from at least ten percent or ten thousand qualified registered city voters, whichever number was lower. The method of gathering signatures did not matter under the charter as it stood, so long as the council could ascertain that the required voters signed.

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

Did Opinion 01-71's mail-signature rule apply to New Orleans charter amendments?
No. The AG said the New Orleans petition was filed with the council under its pre-1974 charter, while R.S. 18:3 governed petitions submitted to a registrar for certification.

Who determined whether the New Orleans petition complied with the charter?
The city council. The AG said it could use the registrar to check voter registration, but compliance was the council's determination.

What signature threshold did the charter require at the time?
The opinion identified at least ten percent or ten thousand qualified registered voters, whichever was fewer.

Background and statutory framework

The opinion clarified Opinion 01-71 by examining LSA-Const. Art. VI, Sec. 4, R.S. 18:3, and the New Orleans charter's amendment process. It treated the city's pre-1974 home rule status and filing with the council as decisive.

Citations and references

• LSA-R.S. 18:3
• LSA-Const. Art. VI, Sec. 4

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/01-0110

Original opinion text

March 20, 2001
OPINION NUMBER 01-110

71-1-B MUNICIPALITIES –
Honorable Marc H. Morial
Home Rule Charter

Mayor, City of New Orleans
A petition to amend the home rule charter of the
1300 Perdido Street, Room 2E04
City of New Orleans is subject to the requirements
New Orleans, Louisiana 70112
of the charter.

Dear Mayor Morial:

We are writing to clarify Attorney General Opinion No. 01-71, with regard to a pre-1974 home rule charter government, such as the City of New Orleans.

Under the Louisiana Constitution, home rule charter governments, such as the City of New Orleans, are granted extensive self-governing authority free from interference from state legislation, except when limited by the Constitution and the police powers of the state. LSA-Const. Art. VI, Sec. 4 and Sec. 9 (1974). See¸ City of New Orleans v. Board of Commissioners of the Orleans Levee District, 93-0690 (La. 7/5/94), 640 So.2d 237.

LSA-Const. Art. VI, Sec. 4, provides:

Section 4. Every home rule charter or plan of government existing or adopted when this constitution is adopted shall remain in effect and may be amended, modified, or repealed as provided therein. Except as inconsistent with this constitution, each local governmental subdivision which has adopted such a home rule charter or plan of government shall retain the powers, functions, and duties in effect when this constitution is adopted. If its charter permits, each of them also shall have the right to powers and functions granted to other local governmental subdivisions.
(Emphasis added).

Article IX, Chapter 2, of the Home Rule Charter of the City of New Orleans specifically provides for the method of amending the charter, allowing for a petition process. Although the charter does not require any formality of the petition process, it does require a petition of not less than ten percent or ten thousand, whichever is fewer, of the duly qualified registered voters of the City to be filed with the Council.

Page 2

Honorable Marc H. Morial
Opinion Number 01-110
Page -2-

Although we concluded in Attorney General Opinion No. 01-71 that signatures which have been gathered via the United States mail would not be in conformity with the provisions of R.S.18:3, the matter herein is distinguishable. First, LSA- R.S. 18:3 applies to every petition submitted to a registrar of voters for certification. Under the specific provisions of the Home Rule Charter of the City of New Orleans, the petition to amend the home rule charter is submitted to the Council, not the registrar of voters, and the charter does not specifically require certification by the registrar. Thus, even though the Council may have the registrar determine if in fact the signers on the petition are registered voters, it is the Council who would determine if the petition is in compliance with the home rule charter. Second, a pre-1974 home rule charter government is not subject to the general laws of the state, unless it is a law enacted pursuant to the police powers of the state. LSA-R.S. 18:3 is a general law which does not affect the police powers of the state, i.e., the health, welfare or safety of the general public.

In sum, as long as a petition to amend the home rule charter of the City of New Orleans is in conformity with the charter, which is that the Council can ascertain that ten percent or ten thousand qualified registered voters signed the petition, then same is a valid petition. The technicalities of how signatures are gathered is irrelevant, unless and until the home rule charter provides otherwise.

We hope this opinion clarifies the matter. If we can be of further assistance, please advise.

Yours very truly,

RICHARD P. IEYOUB
ATTORNEY GENERAL

RPI/ARL

Page 3

OPINION NUMBER 01-110

SYLLABUS

71-1-B MUNICIPALITIES – Home Rule Charter

A petition to amend the home rule charter of the City of New Orleans is subject to the requirements of the charter.

Honorable Marc H. Morial
Mayor, City of New Orleans
1300 Perdido Street, Room 2E04
New Orleans, Louisiana 70112

DATE RECEIVED: 3/20/01

DATE RELEASED: March 20, 2001

AUTHOR: ANGIE ROGERS LAPLACE
ASSISTANT ATTORNEY GENERAL