Could Louisiana registrar-of-voters employees join the League of Women Voters?

Plain-English summary

East Baton Rouge's registrar asked whether a registrar employee could join the local League of Women Voters. In Opinion 03-0152, the Attorney General answered no, treating that membership as political activity prohibited for registrars and their employees under the statute and civil-service provisions he read.

The AG considered both unclassified and classified registrar staff. R.S. 18:62 directly restricted unclassified staff and directed classified staff to the constitutional and civil-service rules governing political activity. He characterized the League as a quasi-political group and relied on an earlier AG opinion about civil-service membership in organizations that endorse or contribute to candidates. The opinion did not evaluate a particular employee's conduct apart from membership.

Currency note

This opinion was issued in 2003. 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.

What the opinion meant at issuance

Registrar staff

The AG read R.S. 18:62 and Article X, §9 together to prohibit the described membership for registrar employees in both classified and unclassified service. His conclusion was about League membership under the law he applied in 2003.

Election administrators

The opinion treated registrar employees as state employees for this purpose and applied distinct statutory and constitutional provisions to their service categories. It did not set out a general test for every civic association.

Common questions

Q: Did the AG allow a registrar employee to join the League of Women Voters? A: No. He concluded that League membership constituted prohibited political activity for the registrar and employees in the circumstances addressed.

Q: Did the answer change for classified civil-service employees? A: No. The AG said R.S. 18:62(B) directed classified employees to the constitution and civil-service rules, and he reached the same result.

Q: Did the opinion address private political opinions or voting? A: The statutory and constitutional language quoted in the opinion preserved specified private expression and voting rights. The AG's answer concerned League membership, not whether an employee could cast a vote.

Background and statutory framework

The opinion quoted R.S. 18:62's political-activity restrictions and Article X, §9 of the Louisiana Constitution. It relied on earlier Attorney General Opinions 02-0297 and 83-585 in characterizing the League and organizational membership. Its short holding should be read as a historical interpretation of those provisions, not a statement of current membership rules.

Citations and references

Authorities in the opinion: R.S. 18:62 and Article X, §9 of the Louisiana Constitution. Earlier AG opinions discussed: 02-0297 and 83-585.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0152

Original opinion text

April 23, 2003
OPINION 03-0152

Ms. Elaine Lamb 9 CIVIL SERVICE
15-A CONSTITUTIONAL LAW
Registrar of Voters
R.S. 18:62; Article X, §9 of the Louisiana Constitution of 1974
222 St. Louis Street
Neither the registrar of voter nor his employees may join the League of
Baton Rouge, LA 70802
Women Voters as such membership constitutes political activity prohibited
by state law.

Dear Ms. Lamb:

You have asked this office to determine whether an employee of the Registrar of Voters Office of East Baton Rouge Parish may also be members of the Baton Rouge League of Voters. For the following reasons, our response is “no”.

Registrars of voters and their employees are considered state employees. City of New Orleans vs. State, 426 So.2d 1318 (La. 1983). All employees of the registrar of voters are by law prohibited from engaging in political activity. This prohibition is applicable to employees of the registrar in the unclassified state service and in the classified state service. The pertinent statute, R.S. 18:62, provides:

§62. Political activities prohibited

A. No registrar of voters, deputy registrar, or other employee of a registrar who is in the unclassified state service shall participate or engage in:
Political activity, including his own or any other candidacy for election to public office; membership on any national, state, or local committee of a political party or faction; asking or soliciting contributions for any political party, faction, or candidate; taking active part in the management of the affairs of a political party, faction, or candidate, or any political campaign, except to exercise his right as a citizen to express his opinion privately and to cast his vote as he desires. As used in this Section, the term “political activity” shall have the meaning ascribed to it in Article I, Section 9(C) of the Constitution of Louisiana.

B. All deputy registrars and other employees of a registrar who are in the classified state service shall be subject to the constitution and laws, and the regulations adopted pursuant thereto, affecting political activities by persons in the classified state service.

While R.S. 18.62(A) addresses unclassified employees, R.S. 18:62(B) adopts constitutional authority with reference to political activity and classified state employees. Article X, §9 of the Louisiana Constitution of 1974, specifically prohibits state civil service employees from engaging in political activities:

§9. Prohibitions against political activities

Page 2

Ms. Elaine Lamb
OPINION 03-0152
Page 2

Section 9. (A) Party Membership; Elections. No member of a civil service commission and no officer or employee in the classified service shall participate or engage in political activity; be a candidate for nomination or election to public office except to seek election as the classified state employee serving on the State Civil Service Commission; or be a member of any national, state, or local committee of a political party or faction; make or solicit contributions for any political party, faction, or candidate; or take active part in the management of the affairs of a political party, faction, candidate, or any political campaign, except to exercise his right as a citizen to express his opinion privately, to serve as a commissioner or official watcher at the polls, and to case his vote as he desires.

(B) Contributions. No person shall solicit contributions for political purposes from any classified employee or official or use or attempt to use his position in the state or city service to punish or coerce the political action of a classified employee.

(C) Political Activity Defined. As used in this Part, “political activity” means an effort to support or oppose the election of a candidate for political office or to support a particular political party in an election. The support of issues involving bonded indebtedness, tax referenda, or constitutional amendments shall not be prohibited.

The League of Women Voters is a quasi-political group that espouses positions or political issues. See Attorney General Opinion 02-0297. This office has previously determined that if “a member of the classified civil service belongs to an organization that endorses or contributes to a political candidate, said member would, in effect, be taking part in the political campaign for public office.” See Attorney General Opinion 83-

585. While the author of that opinion made his statement in reference to R.S. 33:2504
     governing fire and police civil service employees, we nonetheless find it applicable herein. Thus, membership by the registrar of voters and his employees in the League of Women Voters constitutes political activity prohibited by state and constitutional authority.

                                       Very truly yours,
     
                                       RICHARD P. IEYOUB
                                       ATTORNEY GENERAL
     
                                BY:    _____________________________________
                                       KERRY L. KILPATRICK
                                       ASSISTANT ATTORNEY GENERAL
     

     KLK:ams

Page 3

Ms. Elaine Lamb
OPINION 03-0152
Page 3

OPINION 03-0152

9 CIVIL SERVICE
15-A CONSTITUTIONAL LAW

R.S. 18:62; Article X, §9 of the Louisiana Constitution of 1974

Neither the registrar of voter nor his employees may join the League of Women Voters as such membership constitutes political activity prohibited by state law.

Ms. Elaine Lamb
Registrar of Voters
222 St. Louis Street
Baton Rouge, LA 70802

Date Received:
Date Released: April 23, 2003

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL