Could a Louisiana representative postpone a resignation after the House speaker received the resignation letter?

Plain-English summary

The House clerk asked whether Representative Tommy Wright could change the effective date in his resignation letter. The speaker received his first letter by hand on December 29, 2005; it set January 3, 2006, as the resignation date. On January 3, Wright submitted another letter seeking to extend it to January 16. The AG concluded that the first notice was irrevocable upon the speaker's receipt, so the attempted extension had no effect. The resignation took effect January 3.

The opinion drew that rule from R.S. 18:654. For legislators, receipt by the presiding officer of the elected house made the notice irrevocable. The AG distinguished that receipt date from the later effective date specified in the notice. It treated the statute's language as mandatory.

Currency note

This opinion was issued in 2006. 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

Could Wright change his resignation date after the speaker received his first letter?

The AG said no. The first notice became irrevocable on December 29, 2005, when the speaker received it, making the second letter ineffective.

Was he out of office on December 29 or January 3?

The AG said January 3, 2006, was the effective resignation date. December 29 was the date the notice became irrevocable.

Did filing a second letter extend the resignation to January 16?

No. The opinion said the second letter could not amend the date in the first notice after receipt.

Background and statutory framework

R.S. 18:654 set separate receipt rules for resignation notices. The opinion quoted the provision making a legislator's notice irrevocable when the presiding officer of the house to which the legislator was elected received it. The House speaker's receipt of the hand-delivered letter controlled Wright's request.

Citations

• R.S. 18:654 (irrevocability of a legislator's resignation notice upon receipt).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/06-0026

Original opinion text

January 26, 2006
OPINION 06-0026

Honorable Alfred W. Speer
62-A Legislature-Members of
R.S. 18:654
Clerk, House of Representatives
A notice of retirement or resignation of a member of the
P. O. Box 44281
legislature shall become irrevocable upon receipt by
Baton Rouge, LA 70804-4281
the presiding officer of the house of the legislature to
which the member was elected.
Dear Mr. Speer:

You have asked this office to advise you of the effective date of resignation for Representative Tommy Wright. We refer you to the provisions of R.S. 18:654, stating:

§ 654. Effect of filing of resignations

Except for members of the legislature, a notice of retirement or resignation shall become irrevocable upon receipt by the secretary of state. A notice of retirement or resignation of a member of the legislature shall become irrevocable upon receipt by the presiding officer of the house of the legislature to which the member was elected. (Emphasis added).

According to your letter, Speaker of the House of Representatives Joe Salter received Representative Wright’s resignation letter on December 29, 2005 by hand delivery. That letter stated Representative Wright’s intent to resign on January 3, 2006. Subsequently on January 3, 2006, Representative Wright at 4:00 p.m. tendered another letter purporting to extend his resignation date to January 16, 2006.

According to R.S. 18:654, a notice of resignation is irrevocable on the date received, here the 29th of December, 2005. Representative Wright’s effective date of resignation is January 3, 2006. The language of R.S. 18:654 is mandatory; thus, the letter of resignation dated December 29, 2005 is irrevocable and may not be amended to extend the date of resignation contained in the original letter. The attempted modification in the second letter dated January 3, 2006 is of no effect.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: ______ KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL
KLK:ams

Page 2

OPINION 06-0026

62-A Legislature-Members of

R.S. 18:654

A notice of retirement or resignation of a member of the legislature shall become irrevocable upon receipt by the presiding officer of the house of the legislature to which the member was elected.

Honorable Alfred W. Speer
Clerk, House of Representatives
P. O. Box 44281
Baton Rouge, LA 70804-4281

Date Received:
Date Released: January 26, 2006

Kerry L. Kilpatrick
Assistant Attorney General