Can a Pointe Coupee justice of the peace work part time for the parish registrar of voters?

Plain-English summary

Pointe Coupee Parish's registrar of voters asked whether an elected justice of the peace could also work part time in the registrar's office. The attorney general said no, relying on a rule specific to registrar employees.

The opinion classified the justice-of-the-peace position as elective office and the registrar job as part-time employment. It treated the court and registrar as separate political subdivisions. Under the general dual-officeholding rule in La. R.S. 42:63(D), that combination would not ordinarily be prohibited.

La. R.S. 18:63 supplied the decisive restriction. It said a registrar, deputy registrar, or registrar employee was ineligible to hold an elective or appointive public office or position, except as otherwise provided by law. The attorney general applied that rule to bar the proposed Pointe Coupee combination. It did not decide a separate ethics-code question.

What this means for you

Justices of the peace

The opinion said the described Pointe Coupee justice could not take part-time work for the parish registrar of voters while holding the elected judicial office. The specific restriction for registrar staff controlled even though the two positions were in separate political subdivisions.

Registrar of voters offices

The opinion treated a part-time employee as covered by La. R.S. 18:63's rule for registrar employees. The general dual-officeholding statute's treatment of part-time work did not resolve this registrar-office question.

Parish election officials

The opinion illustrates the difference between the general dual-officeholding rule and the separate statutory restriction for registrar employees. It confined the conclusion to the positions presented and left ethics-code advice to the State Board of Ethics.

Common questions

Q: Can a Pointe Coupee justice of the peace work part time for the registrar of voters?
A: No. The attorney general said La. R.S. 18:63 barred a registrar's employee from holding the elected justice-of-the-peace office.

Q: Doesn't the general dual-officeholding law allow an elected official to work part time for another subdivision?
A: The opinion said La. R.S. 42:63(D) generally allowed that pairing. The more specific rule for employees of a registrar of voters prohibited the proposed arrangement.

Q: Does the prohibition cover part-time registrar employees?
A: Yes on the facts presented. The opinion classified the proposed registrar job as part-time employment and applied La. R.S. 18:63 to it.

Q: Did the attorney general address ethics-code restrictions too?
A: No. The opinion left those questions to the Louisiana State Board of Ethics.

Background and statutory framework

A Pointe Coupee justice of the peace was elected by voters within the court's territory under La. R.S. 13:2582(B). The proposed registrar position was part-time employment. The opinion treated the court and registrar as separate political subdivisions, making the general rule in La. R.S. 42:63(D) insufficient to bar the pairing by itself.

The separate election provision, La. R.S. 18:63, made a registrar or registrar employee ineligible to hold an elective or appointive public office or position, except as provided by law. The attorney general applied that provision to the justice-of-the-peace position and concluded the combined service was prohibited.

Citations and references

• La. R.S. 13:2582(B) (justice-of-the-peace election)
• La. R.S. 42:62(9) (political subdivision definition)
• La. R.S. 42:63(D) (general dual-officeholding rule)
• La. R.S. 18:63 (registrar employee restriction)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/23-0055

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

State of Louisiana
DEPARTMENT OF JUSTICE
CIVIL DIVISION
RO. BOX 94005
BATON ROUGE
7 0804-9005
Jeff Landry
Artorney General

June 20, 2023
OPINION 23-0055

Ms. Shanika Olinde
78 Dual Oft:cebcdr’g
92-A-i Registrar ci Voters
Pointe Coupee Parish
Registrar of Voters La R 5.4261. etseq La. R.S 18:51, etseq
sX-5
La R.S 863
1919 Hospital Road, Ste.1
New Roads, LA 70760
A Justice of the Peace for P0mb Coupee Parish is prohibited horn serving as a pal lime employee of the Registrar of Voters for Poinhe
Dear Ms. Olinde: Coupee Par,sh pursuant to the provisions of La R S 18.63

Our office received your request for an opinion regarding whether a Justice of the Peace for Pointe Coupee Parish may serve as a part time employee of the Registrar of Voters for Pointe Coupee Parish,

Pursuant to La. Const. art. X, § 22, the legislature has enacted laws regulating dual employment and defining, regulating, and prohibiting dual office holding in state and local government. The provisions of the Dual Officeholding and Dual Employment Law, found at La. AS. 42:61, et seq., govern questions concerning the ability to hold two or more public offices and/or positions simultaneously. Classifying the correct nature of the positions held is essential for the purposes of applying the Dual Officeholding and Dual Employment Law.

A Justice of the Peace for Pointe Coupee Parish is elected by the qualified voters within the territorial limits of the justice of the peace court pursuant to the provisions of La.
R.S. 13:2582(B). A Justice of the Peace for Pointe Coupee Parish holds an ‘elective office” for the purposes of the Dual Officeholding and Dual Employment Law.1

The office of the Registrar of Voters for Pointe Coupee Parish is established by La.
Const. art. Xl, § 5 and governed by the provisions of La. R.S. 18:51, et seq. The Registrar of Voters is authorized to appoint deputies, confidential assistants, and other office employees. A part time employee of the Registrar of Voters for Pointe Coupee

1 ‘Elective office” means any position which is established or authorized by the constitution or laws of this state or by the charter or ordinances of any political subdivision thereof, which is not a political party office, and which is tilled by vote of the citizens for this state or of a political subdivision thereof. La. R.S.
42:62(1).

Page 2

OPINION 23-0055
Ms. Shanika Olinde
Page 2

Parish holds ‘part time” “employment” for the purposes of the Dual Officeholding and Dual Employment Law.2

The Justice of the Peace Court for Pointe Coupee Parish and the Registrar of Voters for Pointe Coupee Parish are considered separate political subdivisions for the purposes of the Dual Officeholding Laws.3

The most applicable general provision of the Dual Officeholding and Dual Employment Law is La. R.S. 42:63(D), which provides:

No person holding an elective office in a political subdivision of this state shall at the same time hold another elective office or full-time appointive office in the government of this state or in the government of a political subdivision thereof. No such person shall hold at the same time employment in the government of this state, or in the same political subdivision in which he holds an elective office. In addition, no sheriff, assessor, or clerk of court shall hold any office or employment under a parish governing authority, nor shall any member of any parish governing authority or school board hold any office or employment with any sheriff, assessor or clerk of court.

La. R.S. 42:63(D) generally does not prohibit a person holding an elective office in a political subdivision from holding part time employment in a separate political subdivision.

However, we direct your attention to La. R.S. 18:63 which prohibits registrars, deputy registrars and employees of the registrar from holding any elective or appointive public office and states:

A registrar, deputy registrars, and employees of the registrar shall not be eligible to hold any elective or appointive public office or position with the United States or the state or any of its agencies or political subdivisions, except as provided by law.

2 “Part time” means the period of time which a person normally works or is expected to work in an appointive office or employment which is less than the number of hours of work defined in this Section as furl time. La. R.S. 42:62(5). Employment” means any job compensated on a salary or per diem basis, other than an elective or appointive office, in which a person is an employee o the state government or of a political subdivision. La. AS. 42:62(3). “Political subdivision” means a parish, municipality, and any other unit of local government, including a school board and a special district, authorized by law to perform governmental functions. In addition for the purposes of this Part, mayor’s courts, justice of peace courts, district attorneys, sheriffs, clerks of court, coroners, tax assessors, registrars of voters, and all other elected parochial officials shall be separate political subdivisions. La. R.S. 42:62(9).

Page 3

OPINION 23-0055
Ms. Shanika Olinde
Page 3

A Justice of the Peace for Pointe Coupee Parish holds an elective office and is prohibited from holding part time employment with the Registrar of Voters of Pointe Coupee Parish pursuant to the provisions of La. R.S. 18:63.

Based on the applicable provisions of law and the information you provided, it is the opinion of this office that a Justice of the Peace for Pointe Coupee Parish is prohibited from serving as a part time employee of the Registrar of Voters for Pointe Coupee Parish pursuant to the provisions of La. R.S. 18:63.

Please note that our expressed opinion is limited to an examination of the state law relating to Dual Officeholding. Further, it does not address the potential applicability of the provisions of the Louisiana Code of Governmental Ethics, La. R.S. 42:1101, etseq. Advisory rulings addressing questions under the Ethics Code are within the jurisdiction of the Louisiana State Board of Ethics. The Board may be contacted at the following address: P.O. Box 4368, Baton Rouge, LA 70821, phone: 225-219-5600.

We hope that this opinion adequately addresses the legal issues you have raised. If our office can be of any further assistance, please do not hesitate to contact us.

With best regards,

JEFF LANDRY
ATTORNEY GENERAL

BY:_______
Madeline S. Carbonette
Assistant Attorney General

JL: MSC