Could a Louisiana parish council call an alcohol local-option vote without a voter petition?

Plain-English summary

Livingston Parish's council asked in 2005 whether it could put alcohol sales to a local-option vote without a voter petition. The Attorney General said no. R.S. 26:582 required a petition from at least twenty-five percent of qualified electors in the relevant ward, election district, or incorporated municipality before the governing authority could call the referendum.

The opinion quoted additional rules on submitting a petition copy to the registrar when the first signature was added, holding separate votes for the specified areas, and not holding such an election for a subdivision more than once in two years. It treated the council as implementing voters' petition rights, rather than originating the question itself.

Currency note

This opinion was issued in 2005. 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.

Common questions

Could the parish council start the election itself?

The AG said no. It found no authority for a council-initiated local-option election without the petition required by R.S. 26:582.

How many voters had to sign?

The opinion quoted the statute's threshold of not less than twenty-five percent of qualified electors in the relevant voting area.

Could the same subdivision vote repeatedly?

The statutory text reproduced in the opinion limited local-option elections for the subdivision to no more than once every two years.

Background and statutory framework

The opinion applied R.S. 26:582's petition and election procedure to Livingston Parish. It also quoted a Louisiana court decision describing the parish government as the vehicle for carrying out a properly certified voter request.

Citations

• R.S. 26:582 (petition, referendum, and timing rules).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0233

Original opinion text

May 26, 2005
OPINION 05-0233

55 Intoxicating Liquors Local Option
Ms. Wanda J. Edwards
R.S. 26:582 et seq.
Livingston Parish Council
Police Jury may only call local option election regarding the
sale of alcoholic beverages upon the petition of twenty-five
519 Florida Avenue, SW
percent of the qualified electorate.
Denham Springs, LA 70726

Dear Ms. Edwards:

You have asked this office to advise whether the Livingston Parish Council may legally and properly call an election to provide for the sale of alcoholic beverages in the absence of a petition submitted by the electorate pursuant to R.S. 26:582. We respond in the negative.

R.S. 26:582 states is entitled “petition for election” and states:

A. (1) Upon petition of not less than twenty-five percent of the qualified electors residing in any ward, election district, or any incorporated municipality, the governing authority shall order a referendum election to be held to determine whether or not the business of selling alcoholic beverages shall be conducted and licensed therein.

(2) A copy of the petition shall be submitted to the registrar on the date the first signature is affixed on the petition for the purpose of determining the total number of qualified voters residing in each ward, election district, or each incorporated municipality in which such petition will be circulated.

B. In the case of such an election held on a ward, election district, or municipal basis the election shall be separately called and held, and the result separately binding for each incorporated municipality, and for the unincorporated balance of the ward or election district.

C. No such election shall be held for the subdivision more often than once in every two years.

The parish council may only call a local option election upon the petition of not less than twenty-five percent of the qualified electors. There is no authority for the parish council to call an election on its own initiative without a petition first being presented. See Attorney General Opinion 77-821, copy attached. As the court stated in Perot vs. Police

Page 2

Ms. Wanda Edwards
OPINION 05-0233
Page 2

Jury of Natchitoches Parish, 22 So.2d 666 (La. 1945) on the issue of local option election:

The police jury is merely the instrumentality designed by law through which the will of the voters of the parish may be ascertained by means of a parish-wide election. It is the mandatory duty of the police jury to call the election when it has been requested to do so by petitions signed by the requisite number of qualified voters of the parish and properly certified by the Registrar of Voters. It is also its mandatory duty to adopt an ordinance giving effect to the result of the election. The ordinance results from the mandate of the people and not from any attempt on the part of the police jury to exercise governmental powers over the municipality.
Perot, supra, at page 668.

There is no authority for the parish council to call for an election on its own accord. Thus, the Livingston Parish Council may only proceed to call a local option election upon the submission of the petition of twenty-five percent of the qualified electorate as required by R.S. 26:582.

We hope the foregoing is helpful to you. Should you have other questions in which we may provide assistance, please contact this office.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: _______ KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL

KLK:ams

Page 3

Ms. Wanda Edwards
OPINION 05-0233
Page 3

OPINION 05-0233

55 Intoxicating Liquors Local Option

R.S. 26:582 et seq.

Police Jury may only call local option election regarding the sale of alcoholic beverages upon the petition of twenty-five percent of the qualified electorate.

Ms. Wanda J. Edwards
Livingston Parish Council
519 Florida Avenue, SW
Denham Springs, LA 70726

Date Received:
Date Released: May 26, 2005

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL