Could voters leaving a Lafourche recreation district still vote on its millage renewal before the boundary change?

Plain-English summary

Lafourche Parish planned to shift some residents from Recreation District No. 1 to District No. 3 on January 1, 2007, after a vote on renewing District No. 1's millage. The AG said every qualified elector domiciled in District No. 1 on election day could and had to be allowed to vote. The later boundary change and the fact that those residents would not be subject to the renewed millage did not remove their election-day voting eligibility.

The source opinion gives conflicting dates for the election: its opening calls it September 20, 2006, while the question and conclusion say September 30, 2006. The holding expressly used September 30, 2006 for determining voter eligibility. The opinion did not reconcile the two dates.

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 residents slated to leave District No. 1 vote on its renewal?

Yes, if they were qualified electors domiciled in District No. 1 when the election occurred. The AG said the future boundary change did not alter that answer.

Did it matter that they would not pay the renewed millage later?

No. The opinion expressly said that consequence was immaterial to whether they could vote as current district electors.

Which election date did the opinion use?

The source is inconsistent: it mentions September 20 in the opening, but the holding expressly says “the date of the election, September 30, 2006.” The opinion does not explain the discrepancy.

Background and statutory framework

La. R.S. 33:4566 allowed recreation-district taxes when approved by qualified electors of the district. The AG applied that rule to the district boundaries in force when the renewal election was held, rather than the boundaries scheduled to take effect later.

Citations

• La. R.S. 33:4566 (recreation-district tax votes).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/06-0152

Original opinion text

August 4, 2006
OPINION NUMBER 06-0152

33 ELECTIONS
148 TAXATION

Mr. Sterling C. Diaz
La. R.S. 33:4566
Registrar of Voters
All qualified electors domiciled within Recreation District No. 1 of
Parish of Lafourche
Lafourche Parish, as of the date of the election on the millage
307 West 4th Street
renewal for the District, are eligible to, and must be allowed to, vote
Thibodaux, Louisiana 70301
on the proposed renewal.

Dear Mr. Diaz:

You requested an Attorney General’s opinion regarding an upcoming election on September 20, 2006. You indicate that on December 9, 2003, the Lafourche Parish Council agreed to adopt Ordinances 3227 and 3228, which will amend the boundaries of Recreation District No. 1 and Recreation District No. 3 of the Parish of Lafourche. The changes to the boundaries are to be effective January 1, 2007.

On September 20, 2006, Recreation District No. 1 is holding an election to renew a millage as of January 1, 2007. Due to the change in boundaries of Recreation District No. 1, there will be a set of voters that will be moved from Recreation District No. 1 to Recreation District No. 3 on January 1, 2007, the effective date of the millage renewal. You question whether those voters who will no longer be located in Recreation District No. 1 as of January 1, 2007, should be allowed to vote in the September 30, 2006, election.

La. R.S. 33:4566, which governs taxation by recreation districts, provides in relevant part:

The recreation districts created under the provisions of R.S. 33:4562 . . . are authorized to vote and levy special maintenance taxes and issue bonds when authorized to do so by a vote of the qualified electors of the district . . .

Any qualified elector domiciled within Recreation District No. 1 as of September 30, 2006, is an elector of that district. The fact that some electors will no longer fall within the boundaries of Recreation District No. 1 as of January 1, 2007, and will therefore no longer be subject to the millage, is of no consequence. It is the opinion of our office that

Page 2

Mr. Sterling C. Diaz
Opinion Number 06-0152
Page -2-

all qualified electors within Recreation District No. 1, as of the date of the election, September 30, 2006, are eligible to, and must be allowed to, vote on the proposed renewal.

Trusting this adequately responds to your request, we remain

Yours very truly,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: _________
KENNETH L. ROCHE, III
Assistant Attorney General

CCF, JR/KLR, III/jv

Page 3

Opinion Number 06-0152

33 ELECTIONS
148 TAXATION

La. R.S. 33:4566

All qualified electors domiciled within Recreation District No. 1 of Lafourche Parish, as of the date of the election on the millage renewal for the District, are eligible to, and must be allowed to, vote on the proposed renewal.

Mr. Sterling C. Diaz
Registrar of Voters
Parish of Lafourche
307 West 4th Street
Thibodaux, Louisiana 70301

Date Received:

Date Released: August 4, 2006

Kenneth L. Roche, III
Assistant Attorney General