Did Love v. Foster change the 2004 Baton Rouge mayor-president and council election dates?

Plain-English summary

East Baton Rouge parish attorneys asked whether federal litigation had changed the 2004 election calendar for mayor-president and Metropolitan Council seats. The AG said its earlier opinion still applied. Under R.S. 18:402(B), the relevant state primary was on the first Saturday in October of an election year and the general election on the first Tuesday after the first Monday in November.

The opinion distinguished those state-law dates from the federal congressional primary affected by the litigation. It said the legislature had not changed the cited state election dates following that case. The answer addressed the East Baton Rouge offices, not a general revision of all federal and local elections.

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.

Common questions

Did the federal case move the mayor-president primary to November?

The AG said no. It maintained the state-law October primary date for the East Baton Rouge offices in question.

When did the AG say the general election occurred?

Under the then-current statute, the general election was on the first Tuesday after the first Monday in November.

Had the legislature changed those dates after the litigation?

The opinion said it had not, so the AG kept its earlier election-date conclusion.

Background and statutory framework

R.S. 18:402(B) supplied the congressional-cycle election dates used for the mayor-president and Metropolitan Council races. The AG reaffirmed Attorney General Opinion 99-390 and noted the separate federal primary resulting from the litigation.

Citations

• R.S. 18:402(B) (state election dates).
• Atty.Gen.Op.No. 99-390 (earlier East Baton Rouge opinion).
• Federal election litigation cited by the AG (congressional primary).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/04-0038

Original opinion text

February 12, 2004
OPINION NUMBER 04-0038

Ms. Cynthia Childress Bohrer
Assistant Parish Attorney
Office of the Parish Attorney
City of Baton Rouge
Parish of East Baton Rouge
222 St. Louis Street
Post Office Box 1471
Baton Rouge, Louisiana 70821

Michael E. Ponder
Parish Attorney
Office of the Parish Attorney
City of Baton Rouge
Parish of East Baton Rouge
222 St. Louis Street
Post Office Box 1471
Baton Rouge, Louisiana 70821

Dear Ms. Bohrer and Mr. Ponder:

We are writing to address your opinion request of January 28, 2003, regarding the election dates for the 2004 Mayor-President and Metropolitan Council races in East Baton Rouge Parish. As you are aware, we opined in 1999 that election for the offices of Mayor and Metropolitan Council are to be conducted in accordance with the Louisiana Election Code, specifically R.S. 18:402(B), which provides for the congressional primary election to be held on the first Saturday in October in an election year, and the congressional general election to be held on the first Tuesday after the first Monday in November of an election year. Atty.Gen.Op.No. 99-390. The Louisiana Election Code provides, in part:

B. Congressional elections. Elections for members of Congress and officers elected at the same time as members of Congress shall be held every two years, beginning in 1982.
(1) congressional primary elections shall be held on the first Saturday in October of an election year.
(2) Congressional general elections shall be held on the first Tuesday after the first Monday in November of an election year.
(emphasis added)

Page 2

Ms. Cynthia Childress Bohrer
Mr. Michael E. Ponder
Opinion Number 04-0038
Page -2-

These dates are set by the Louisiana Legislature and are implemented by the state and local election officials. These dates have not been changed by the legislature as a result of the Love v. Foster∗ litigation. Therefore, our opinion remains valid.

With warmest regards, we remain

Yours very truly,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

ANGIE ROGERS LAPLACE
Assistant Attorney General

CHF/ARL;mjb

∗
th
147 F.3d 383 (5 Cir. 1998).

Page 3

Ms. Cynthia Childress Bohrer
Mr. Michael E. Ponder
Opinion Number 04-0038
Page -3-

Syllabus
#04-0038

24 ELECTIONS - Conduct of Primaries & General

Louisiana’s congressional election dates are set by law, with the primary election to be held on the first Saturday in October in an election year, and the congressional general election to be held on the first Tuesday after the first Monday in November of an election year. The federal primary election for congressmen occurs pursuant to the Love v. Foster litigation on the first Tuesday after the first Monday in November of an election year.

Ms. Cynthia Childress Bohrer
Michael E. Ponder
Assistant Parish Attorney
Parish Attorney
Office of the Parish Attorney
Office of the Parish Attorney
City of Baton Rouge
City of Baton Rouge
Parish of East Baton Rouge
Parish of East Baton Rouge
222 St. Louis Street
222 St. Louis Street
Post Office Box 1471
Post Office Box 1471
Baton Rouge, Louisiana 70821
Baton Rouge, Louisiana 70821

Date Received:
Date Released: February 12, 2004

ANGIE ROGERS LAPLACE
Assistant Attorney General