Who paid Louisiana election expenses for justice of the peace and constable races?

Plain-English summary

The Sabine Parish Police Jury questioned why the state billed the parish for elections of justices of the peace and constables. In Opinion 03-0420, the Louisiana AG said those offices were local offices elected from wards and districts. The Election Code therefore assigned a prorated share of their election expenses to the parish police jury or council. The AG concluded that the state election office's past billing practice was correct under the law it applied.

The opinion described a cost-allocation formula that counted each local entity's offices, propositions, and questions on the ballot. It addressed which government entity owed a share, not whether individual candidates had to pay these election-administration costs.

Currency note

This opinion was issued in 2004. 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

Parish police juries and councils

The AG said the parish was correctly billed for the local share of justice of the peace and constable elections. The share was apportioned under the Election Code rather than assigned as the entire cost of the election.

State election administrators

The opinion approved the department's practice of billing the parish police jury or council as the responsible local entity for those races. It described the types of election costs to allocate, including ballots, polling-place expenses, voting-machine setup, and compensation for election personnel.

Common questions

Were justices of the peace and constables treated as local candidates?

Yes. The AG said they were elected from wards and districts and fell within the Election Code's local-candidate category.

Did the parish have to pay all costs of a statewide election because those offices appeared on the ballot?

The AG described a prorated local share based on the local offices, propositions, or questions appearing on the ballot. It did not place the entire election bill on the parish.

How was the local share calculated under the law cited in the opinion?

The opinion said the number of an entity's ballot items was divided by the total number of offices, propositions, and questions on the ballot within that local jurisdiction.

What if the local share was not repaid promptly?

The AG cited LSA-R.S. 18:1400.6 for prompt reimbursement and the possibility of interest and collection fees.

Background and statutory framework

The Department of State asked whether its predecessor agency had correctly billed the Sabine Parish Police Jury for justice of the peace and constable election expenses. The AG cited LSA-R.S. 13:2582 and 2583 for the ward and district basis of those offices and LSA-R.S. 18:452 for the candidate categories. It then applied the Election Code's allocation provisions for shared state and local election costs and LSA-R.S. 18:1400.6 on reimbursement.

The first page's issue-date line is damaged in the official text extract, so this page gives only the 2004 year in its historical discussion.

Citations and references

• LSA-R.S. 13:2582 and 2583: election of justices of the peace and constables by wards and districts.
• LSA-R.S. 18:452: local-candidate classification.
• LSA-R.S. 18:1400.6: reimbursement and possible interest or collection fees.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0420

Original opinion text

State of Louisiana
DEPARTMENT OF JUSTICE
P.O. BOX 94005
BATON ROUGE
70804-9005
CHARLES C. Fon, JR.
ATTORNEY GENERAL

JAN 8 0 2004
OPINION NUMBER 03-0420

Carol H. Guidry
23 ELECTIONS - Ballots - Absentee Votes - Military
Department of State 24 ELECTIONS - Conduct of Pdmades & General
P. O. Box 94125 88 POLICE JURIES - in General
ElecUon expenses for a local office, such as a justice of the peace and constable,
Baton Rouge, LA 70804-9125
are billed on a pro-rata basis to the padsh police jury or council, in accordance
with the Election Code.
Dear Ms. Guidry:

Your request for an Attorney General’s opinion has been received. You seek an opinion as to the responsible party for payment of election expenses for the justice of peace and constable elections, since this issue has been questioned by the Sabine Parish Police Jury. Your letter states that in the past the Department of Elections and Registration [now merged with the Department of State] has billed the parish police jury or council as the responsible party for the payment of those expenses.

Candidates for the offices of justice of the peace and constable are elected from wards and districts, as per LSA-R.S. 13:2582 and 2583. As such, they are classified as local candidates:

Candidates are classified according to the character of the office they seek and are designated as follows:
(1) State candidates are candidates for offices voted on throughout the state or throughout a congressional district, justice of the supreme court, judge of a court of appeal, and candidates for membership on a state board or commission.
(2) Local candidates are candidates for the state legislature and other district offices not included in Paragraph (1) of this Section; parochial offices, including the office of parish judge; and ward offices.
(3) Municipal candidates are candidates for city, town, and village offices.

LSA-R.S. 18:452(emphasis added).

Candidates are classified in the Election Code, not only for the purpose of qualifying for office but also for the purpose of reimbursement of election

Page 2

Carol H. Guidry
Opinion Number 03-0420
Page -2-

expenses. Pursuant to LSA-R.S. 18:1400.1, 1400.2 and 1400.3 when a local candidate appears on the ballot, one-half of the costs of an election are to be pro-rated between the state and all local or municipal entities participating in the election. Election costs include ballots, election materials, publication of the location of polling places, renting of polling places, drayage, setting up voting machines, compensating commissioners and deputy parish custodians, transmitting election returns, and expenses incurred by clerks of court, registrars of voters and parish boards of election supervisors. The pro-rata share of a local or municipal entity is determined by dividing the number of that entity’s offices, propositions, or questions on the ballot by the total number of all offices, propositions, or questions on the ballot within that local jurisdiction. Costs and expenses are to be reimbursed to the state promptly, or interest may be assessed, along with collection fees. LSA-R.S. 18:1400.6.

In sum, it is our opinion that Department of Elections and Registration has in the past correctly billed the parish police jury or council as the responsible party for the payment of election expenses for the offices of justice of the peace and constables, and should continue to do so in the future. If our office can be of further assistance in this matter, please advise.

Yours very truly,

CHARLES C. FOTI, JR.

AN’~I’~-ROG E RS LAPLACE
Assistaht Attorney General
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