Could Louisiana appellate-court employees serve as poll commissioners in an Orleans Parish election?

Plain-English summary

A Fourth Circuit judge asked whether employees of the Court of Appeal could serve as poll commissioners in upcoming Orleans Parish elections. The AG said yes, if each employee qualified under the election statutes. Court employment alone did not disqualify a person. The opinion emphasized R.S. 18:424's eligibility and training requirements, particularly the prior-service and instruction provisions it quoted.

The AG contrasted court employees with law-enforcement officers. R.S. 18:428(A) excluded law-enforcement officers from serving as commissioners-in-charge, commissioners, alternates, or watchers. It did not extend that exclusion to court employees as a class. The opinion did not determine whether any named employee met the individual qualifications.

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

Were appellate-court employees automatically ineligible to work at the polls?

No. The AG said their public employment did not itself bar service, provided they met the poll-commissioner qualifications.

Did the opinion say every Fourth Circuit employee qualified?

No. It made eligibility conditional on the statutory requirements and singled out the instruction and prior-service provisions for attention.

Was the answer the same for law-enforcement officers?

No. The opinion quoted a separate statute excluding law-enforcement officers from poll-commissioner and related roles.

Background and statutory framework

The AG quoted R.S. 18:424 on commissioner-in-charge qualifications, including parish voter status, restrictions tied to candidacy and election offenses, instruction, and prior commissioner service. It also quoted R.S. 18:428(A)'s law-enforcement exclusion. It applied those provisions to the proposed service by court employees without making individual eligibility findings.

Citations

• R.S. 18:424 (poll-commissioner qualifications discussed).
• R.S. 18:428(A) (law-enforcement-officer exclusion).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/06-0035

Original opinion text

February 3, 2006
OPINION 06-0035

26 ELECTIONS – Election officers
R.S. 18:424
Honorable Charles R. Jones
The employees of the Fourth Circuit Appellate Court may serve as
Judge
poll commissioners in the upcoming Orleans Parish election,
assuming they meet the qualification requirements of R.S. 18:424.
410 Royal Street
New Orleans, LA 70130

Dear Judge Jones:

You have asked this office to advise whether it is legal for the employees of the Fourth Circuit Court of Appeal to serve as poll commissioners in the upcoming Orleans Parish elections.

In general, the law provides one may serve as poll commissioner if he is a qualified elector. The specific qualifications are set forth in R.S. 18:424 providing,

A. Number. There shall be one commissioner-in-charge at every precinct. B. Qualifications. A commissioner-in-charge shall possess the following qualifications:
(1) He shall be a qualified voter in the parish in which he is to serve who is not entitled to assistance in voting.
(2) He shall not be a candidate for election to public office nor be a member of the immediate family of a candidate for election to public office in the precinct in which he serves.
(3) He shall not have been convicted of an election offense enumerated in Chapter 10 of this Title, and
(4) Except as otherwise provided in R.S. 18:433, he shall have successfully completed a general course of instruction for commissioners-in-charge and provided his correct party affiliation to the clerk.
(5) He shall have served as a commissioner in at least two elections during the last four years.

R.S. 18:428(A) provides an exception to the general rule. It provides in pertinent part:

Page 2

Judge Charles R. Jones
OPINION 06-0035
Page 2

“. . . . . Law enforcement officers shall not be eligible to serve as commissioners-in-charge, commissioners, alternate commissioners or watchers.”

Despite the exclusion applicable to law enforcement officers in R.S. 18:428, any qualified elector, whether a public employee or an employee in the private sector, may serve as a poll commissioner provided the employee has not been convicted of an election offense and provided that the employee has complied with the requirements of R.S. 18:424. Thus, the employees of the Fourth Circuit Court of Appeal may serve as poll commissioners, again, assuming these employees meet the qualifications of R.S. 18:424 [see in particular subparts (4) and (5)].

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: _______ KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL

KLK:ams

Page 3

Judge Charles R. Jones
OPINION 06-0035
Page 3

OPINION 06-0035

26 ELECTIONS – Election officers

R.S. 18:424

The employees of the Fourth Circuit Appellate Court may serve as poll commissioners in the upcoming Orleans Parish election, assuming they meet the qualification requirements of R.S. 18:424.

Honorable Charles R. Jones
Judge
1515 Poydras Street
New Orleans, LA 70112

Date Received:
Date Released: February 3, 2006

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL