Did the petition to recall an Opelousas alderman have enough valid signatures to trigger an election?

Plain-English summary

The governor's office asked whether a certified petition required a recall election for Joseph Charles, an alderman in Opelousas District E. In Opinion 03-0246, the AG answered no. The registrar reported 714 valid signatures from a voting area with 2,505 electors. The opinion applied the then-required 33⅓ percent signature threshold and concluded that the valid-signature count was too low for the governor to issue an election proclamation.

The opinion distinguished the 960 names on the original and supplemental petitions from the 714 signatures certified as belonging to qualified electors of that voting area. Under the statute the AG quoted, the governor's proclamation duty arose only if the petition had the required number of electors' signatures.

Currency note

The full issue date is not legible in the available official extract. 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

Governor's office and election officials

The AG said the certified petition lacked enough valid signatures, so the governor could not proclaim a special recall election for this alderman on that petition.

Petition organizers and Opelousas voters

The opinion's count used qualified electors' validated signatures within District E's voting area. The total number of names submitted was higher, but it was not the number the AG used to decide whether the statutory threshold was met.

Common questions

Q: Was certification of the recall petition enough to require an election? A: No. The AG said the governor's proclamation depended on the petition meeting the required valid-signature threshold.

Q: How many valid signatures did the Opelousas petition have? A: The registrar certified 714 qualified electors' signatures, according to the opinion.

Q: Why did the AG disregard the petition's larger total of 960 names? A: The statute required signatures of qualified electors in the voting area; the registrar certified 714 such signatures out of the 960 names submitted.

Q: Did the opinion apply the 40 percent rule for very small voting areas? A: No. It quoted that rule for areas with fewer than 1,000 qualified electors, then applied the one-third rule because this district had 2,505 electors.

Background and statutory framework

The registrar sent the certified petition to the governor. LSA-R.S. 18:1300.3 described the registrar's certification of names, valid voting-area signatures, and total electors. LSA-R.S. 18:1300.2(B) supplied the signature threshold, and LSA-R.S. 18:1300.7 governed a proclamation when that threshold was met. The AG compared the reported 714 valid signatures with the 2,505-elector voting area and concluded the petition fell short.

Citations and references

Statutes quoted or cited: LSA-R.S. 18:1300.2; LSA-R.S. 18:1300.3; LSA-R.S. 18:1300.7.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0246

Original opinion text

~t~te o~ ~oui~i~u~
One American Place
301 Main Street, Suite 600
DEPARTMENT OF JUSTICE
P.O. Box 94005
CIVIl DIVISION
TEL.: (225) 342-7013
BATON ROUGE
FAX: (225) 342-2090

RICHARD P. IEYOUB
0-9
ATTORNEY GENERAL

OPINION NUMBER 03-0246
24-A ELECTIONS - Recall
LSA-R.S. 18:3
Kimberly Wooten Rosenberg
LSA-R.S. 18:402(F)
LSA-R.S. 18:1300.2
Deputy Executive Counsel
LSA-R.S. 18:1300.3
Office of the Governor
LSA-R.S. 18:1300.7
LSA-R.S. 18:1405(F)
P. O. Box 94004
The recall petition for Joseph Charles, Alderman,
Baton Rouge, LA 70804-9004
District E, City of Opelousas, Padsh of St. Landry,
does no~t contain the required number of signatures (33.33% of the voting area) for a recall election.
Dear Ms. Rosenberg:

We are in receipt of your request for an Attorney General’s opinion with regard to the recall petition directed toward Joseph Charles, Alderman, District E, City of Opelousas, Parish of St. Landry. The registrar of voters certified the recall petition and presented it to the governor on June 5, 2003. Therefore, you have requested an opinion as to whether the governor should issue a proclamation ordering an election to be held for the purpose of voting on the question of recall for the office of Alderman, District E, City of Opelousas, presently held by Joseph Charles.

LSA-R.S. 18:1300.3(C) requires the registrar to send the original recall petition to the governor immediately after certification. Section 1300.7 requires the governor to issue a proclamation, within fifteen days after the petition is presented to him, to order an election to be held for the purpose of voting on the question of recall of the officer if the required number of registered voters sign the petition for recall.

LSA-R.S. 18:1300.3 requires the registrar to certify to (1) the number of names on the petition; (2) the number of qualified electors of the voting area within the parish whose handwritten signatures appear on the petition; (3) the total number of electors of the voting area within the parish as of the date of the filing of the petition with the secretary of state; and to indicate on the petition the number of names who are not electors of the voting area.

The registrar has certified as follows:

NUMBER OF NAMES APPEARING ON THE
ORIGINAL AND SUPPLEMENTAL PETITION = 960

NUMBER OF QUALIFIED ELECTORS OF THE
VOTING AREA WHO’S SIGNATURES APPEAR
ON THE PETITION: = 714

Original Petition = 714
Request to be added = 0

Page 2

Ms. Kimberly Wooten Rosenberg
OPINION NUMBER 2003-0246
PAGE -2-

Request to be removed = 0
TOTAL = 714

TOTAL NUMBER OF ELECTORS IN THE
VOTING AREA AS OF THE FILING OF THE
PETITION WITH THE SECRETARY OF STATE
ON JANUARY 13, 2003 = 2505

LSA-R.S. 18:1300.2(B) requires a recall petition to be "[s]igned by a number of the electors of the voting area as will in number equal not less than thirty-three and one- third percent of the number of the total electors of the voting area wherein and for which a recall election is petitioned; however, where fewer than one thousand qualified electors reside within the voting area, the petition shall be signed through the handwritten signatures by not less than forty percent of said electors." The registrar certified that the total number of voters registered in the voting area is 2505. Therefore, in calculating thirty-three and one-third percent [33.33%] of 2505, a total of 834.9 valid signatures are required on the recall petition for the governor to issue a proclamation for a special election.

The registrar certified a total of 714 valid signatures on the recall petition, which total number of validated signatures does not meet the required thirty-three and one-third percent. Therefore, it is the opinion of this office that the validated signatures on the recall petition are not sufficient in number for the governor to issue a proclamation ordering a special election on the question of recall for Joseph Charles, Alderman, District E, City of Opelousas, Parish of St. Landry.

If we can be of further assistance in this matter, please do not hesitate to contact our office.

Very truly yours,

RICHARD P. IEYOU.B---~

ARGI’I~I~GERS LAPLACE
Assista tr!tr~ttorney General
RPI/ARL:mjb
Enclosures
arl/opinions/2003/03-0246

Page 3

Ms. Kimberly Wooten Rosenberg
OPINION NUMBER 2003-0246
PAGE -3-

CC: Hon. Joseph Charles
Registrar, John Alcee Moreau
Hon. W. Fox McKeithen
Hon. Suzanne H. Terrell