Did a Louisiana police chief have to resign to run for parish sheriff?

Plain-English summary

Zwolle Police Chief Marvin Frazier asked whether he had to resign to run for Sabine Parish sheriff. The Attorney General concluded he could remain chief while campaigning, provided the campaign activity occurred off duty and did not interfere with his official responsibilities.

The opinion separated candidacy from holding both offices. It said Louisiana law did not require resignation merely to become a candidate, but LSA-R.S. 42:63(D) would require him to resign as chief before accepting the sheriff's office if elected. It also quoted the constitutional and statutory prohibition on using public funds to urge votes for or against a candidate or proposition.

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 chief stay in office during the campaign?

Yes, according to the AG, so long as campaign activity stayed off duty and did not interfere with his police-chief responsibilities.

What if the chief won the sheriff's election?

The opinion said he would have to resign as chief to accept the sheriff's office because the cited dual officeholding provision barred the simultaneous elected positions.

Did the opinion permit city funds to support the campaign?

No. It quoted Article XI, Section 4 and LSA-R.S. 18:1465's prohibition on using public funds to urge voters toward or against a candidate or proposition.

Background and statutory framework

The request concerned a sitting municipal police chief considering a run for parish sheriff. The AG cited earlier opinions for the absence of a resignation requirement at the candidacy stage, then applied LSA-R.S. 42:63(D) to the prospect of holding both elected positions. Its affirmative answer depended on off-duty political activity that did not impede official duties.

Citations

• LSA-R.S. 42:63(D) (simultaneous elected positions).
• Article XI, Section 4 of the Louisiana Constitution and LSA-R.S. 18:1465 (public funds and electoral advocacy).
• Attorney General opinions 79-281, 83-559, and 95-385 (earlier opinions cited).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0241

Original opinion text

July 26, 2005
Opinion No. 05-0241

36 ELECTIONS
77 OFFICERS

Chief Marvin Frazier
Chief of police need not resign to run for sheriff unless
political activity interferes with his official duties.
Zwolle Police Department
P. O. Box 546
Zwolle, LA 71486

Dear Chief Frazier:

You have requested an opinion of this office concerning the qualifications of a sheriff. Specifically, you asked our office to determine whether it is required that you resign as chief of police to run for the office of Sabine Parish Sheriff.

As stated in Attorney General opinions 79-281, 83-559, and 95-385, there is no provision in Louisiana law which would require you to resign from the position you currently hold so that you may become a candidate for any other office; however, should you be elected you must resign as chief of police in order to accept the office of sheriff as LSA-R.S. 42:63(D) prohibits the holding of more than one elected position simultaneously.

Additionally, you should be aware that Article XI, Section 4 of the 1974 Louisiana Constitution and LSA-R.S. 18:1465 provide: “No public funds shall be used to urge any elector to vote for or against any candidate or proposition, or be appropriated to a candidate or political organization.”

Therefore, it is the opinion of this office that a chief of police need not resign in order to campaign for the office of sheriff, if such political activity is confined to the off-duty hours of the chief of police and further, if such activity does not interfere with the official responsibilities of said officer.

Page 2

Opinion Number 05-0241
Chief Marvin Frazier
Zwolle Police Department
Page: -2-

Should you have further questions or need further assistance, please do not hesitate to contact this office.

Yours very truly,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By: _________
CHARLES H. BRAUD, JR.
Assistant Attorney General

CCF, Jr./CHB, Jr./jd

Page 3

SYLLABUS
OPINION NUMBER 05-0241

36 ELECTIONS
77 OFFICERS

Chief of police need not resign to run for sheriff unless political activity interferes with his official duties.

Chief Marvin Frazier
Zwolle Police Department
P. O. Box 546
Zwolle, LA 71486

DATE RECEIVED:

DATE RELEASED: July 26, 2005

Charles H. Braud, Jr.
Assistant Attorney General