If Tallulah's new council district plan lacked preclearance, did the mayor and police chief elections also have to be delayed?

Plain-English summary

Tallulah asked how to handle municipal elections if a council redistricting plan adopted after the census was not federally precleared by the candidate qualifying period. In the official opinion, the AG said the city had to postpone council qualifying and the council election. Once the plan was precleared, the council election would be set for the next available date under R.S. 18:402.

The AG distinguished the mayor and police chief races because those offices were elected at large, outside the single-member council districts affected by the new plan. It said their qualifying and elections should proceed on the original schedule.

Currency note

This opinion was issued in 2002. 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 Tallulah hold its council election before the new district plan was precleared?
The AG said no; council qualifying and the election had to be postponed in the situation presented.

Did the delay also cover the mayor and police chief races?
No. The AG said those at-large races should proceed as scheduled.

When did the opinion say the council race could occur?
After preclearance, on the next available election date under R.S. 18:402.

Background and statutory framework

The opinion compared earlier Louisiana AG advice on elections when reapportionment plans had not received preclearance. It applied that reasoning to Tallulah's district-based council offices and distinguished at-large offices from the delayed council election.

Citations and references

• R.S. 18:402 (available election dates)
• Earlier Louisiana AG opinions on reapportionment and election timing, discussed in the original text

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0049

Original opinion text

DEPARTMENT OF JUSTICE
CIVIL DIVISION
P.O. Box 94005
BATON ROUGE
TEL.: (504) 342-7013
FAX: (504) 342-2090
RICHARD P. IEYOUB
70804-9005
ATTORNEY GENERAL

FEB 2 6 2002

OPINION 02-49

41 - Elections - Reef~ooctionment
Raymond Lee Cannon, Esq.
Qualifying and eleclion for the
P.O. Box 1108
City Counci~ must be postponed
Tallulah, LA. 71282
until there is preclearance of
the red~trkd~ng p~n.
Dear Mr. Cannon:

This office is in receipt of your request in regard to elections for public officials for the City of Tallulah. You ask if the United States Department of Justice does not preclear the redistricting plan which was adopted after the 2000 decennial census by the commencement of the qualifying period for the election for Mayor, City Council, and Chief of Police can the City of Tallulah postpone until the next election date this year the election for City Council, the election for Mayor and Chief of Police.

In Atty. Gen. Op. 91-442(B) this office stated where there was no valid and effective reapportionment plan upon which an election could be held, the Secretary of State could decline to accept qualifying papers from persons qualifying as candidates, and stated, "Elections would have to be scheduled at the next available election date provided by R.S.
18:402."

Similarly, in Atty. Gen. Op. 92-105 regarding the Evangeline Parish Police Jury election where preclearance had not been made prior to the date for qualifying, this office stated if the election cannot be conducted as regularly scheduled there is no provision in law for parish police jury elections any earlier than the next available election date as provided by law unless a court issues an order to the contrary.

Atty. Gen. Op. 91-672 concerned the City of Baker’s elections for the council, the mayor and the chief of police, and this office stated if preclearance was not received prior to qualifying, the governing authority may elect to conduct the election under the old plan or certify to the Secretary of State that no valid apportionment plan and exists, and he is not required to conduct the election.

However, it was further noted that the Baker City Home Rule Charter provided that the mayor and chief of police would be elected for a four year term concurrent with that of the council. In response to the question whether the election for mayor and chief of police would be delayed if the council election was delayed, this office opined that the election for mayor and chief of police should be conducted as regularly scheduled regardless’of

Page 2

Raymond Lee Cannon
OPINION 02-49
Page 2

the council election being delayed inasmuch as the mayor and chief of police run at-large, and not by the single-member districts subject to preclearance under the new reapportionment plan.

Therefore, the City of Tallulah must postpone the qualifying and election for the City Council. Then when plans are precleared, the election would be scheduled at the next available election date provided by R.S. 18:402. However, qualifying and election for Mayor and Chief of Police should proceed as scheduled.

We hope this sufficiently answers your inquiry.

Very truly yours,

RICHARD P. IEYOUB
Attorney General

BARBARA B. RUTLEDGE
Assistant Attorney General

RPI/bbr