Did Louisiana's AG approve the updated Recall Packet and Recall Petitions after the 2024 law change?

Plain-English summary

The Secretary of State sought expedited AG review of the Recall Packet and Recall Petitions after Act 550 of the 2024 Regular Legislative Session. The official opinion says approval of these forms is required by the recall statute. The AG found the submitted packet's election-code excerpts outdated and concluded that "after these corrections are made, the Recall Packet and Recall Petitions are compliant with Louisiana law."

The AG identified two needed changes. The title page for the packet's "Excerpts from Louisiana Election Code" section had to be replaced with current legislative material: its title page and footers said the excerpts were current only through December 2023. The AG also identified portions of the recall provisions that had not been updated for Act 550. The opinion does not say that the uncorrected submission was already compliant.

What this means for you

Secretary of State staff. The AG's approval was conditional on correcting the Recall Packet's election-code excerpts. The opinion identifies the stale title page and specific recall provisions requiring updates.

Recall petition organizers. The opinion concerns the state forms submitted for approval after Act 550. It does not assess a completed recall petition or any particular campaign.

Common questions

Were the Recall Packet and Recall Petitions approved as first submitted?
No. The AG identified required corrections and said the forms would comply after those corrections were made.

What was wrong with the packet?
Its election-code excerpts showed a December 2023 currency date and had not incorporated the Act 550 changes the opinion lists.

Did the AG reject the Recall Petitions themselves for a separate defect?
The opinion identifies corrections to the Recall Packet's election-code excerpts. It does not identify a separate petition-form defect.

Background and statutory framework

The request followed Act 550 of the 2024 Regular Legislative Session. The AG cited La. R.S. 18:1300.2(A)(2) as requiring review and listed the recall provisions in the packet that needed to reflect the amendment. Its conclusion was conditional on making those corrections.

Citations and references

Law cited: La. R.S. 18:1300.2(A)(2) and Act 550 of the 2024 Regular Legislative Session, as stated in the opinion.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/24-0170

Original opinion text

STATE OF LOUISIANA
DEPARTMENT OF JUSTICE
OFFICE OF THE ATTORNEY GENERAL
P.O. Box 94005
BATON ROUGE, LA
70804-9005

Liz MuRRILL
ATTORNEY GENERL
January 6, 2025
OPINION 24-0170

23 ELECTIONS
The Honorable Nancy Landry
. .

Louisiana Revised Statute 1 8: 1 300.2(A)(2) Secretary of State
After a few corrections the Recall Packet and Recall Petitions
State of Louisiana
are both compliant with Louisiana law and approved for
P.O. Box 94125
printing and distribution.

Baton Rouge, LA 70804

Dear Secretary Landry:

We received your request for expedited review and approval from our office of the Recall Packet and Recall Petitions following the changes required by Act 550 of the 2024 Regular Legislative Session.

The Attorney General’s approval of these forms is required by La. R. S. I 8:1 300.2(A)(2).
We have reviewed the documents and find that the following edits are necessary:

(1) The “Excerpts from Louisiana Election Code” section of the Recall Packet needs to be updated to reflect the most recent legislative material. Specifically, the title page of this section needs to be replaced with the most recent legislative material.
Currently, the excerpts of the election code in the Recall Packet have not been updated through the 2024 regular session, as the title page and the footers indicate that statutes in the excerpts are only current through December 2023.

(2) We further note that La. R.S. 18:1300.2(A)(2),(C)(1) and (2), and (D), 1300.3(A) and (B), and 1300.5(B) provided in the excerpts section have not been updated in accordance with Act 550.

It is the opinion of this office that after these corrections are made, the Recall Packet and Recall Petitions are compliant with Louisiana law.

Page 2

OPINION 24-01 70
Honorable Nancy Landry
Page 2

We hope that this opinion has adequately addressed 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,

LIZ MURRILL
ATTORNEY GENERAL

BY:____
sistant Attorney General

LM: HNF