Judges: RICHARD P. IEYOUB
Filed Date: 10/9/2001
Status: Precedential
Modified Date: 7/5/2016
Dear Commissioner Terrell:
This office is in receipt of your request for an opinion of the Attorney General in regard to the Bogalusa branch office of the Registrar of Voters for Washington Parish. You indicate the Bogalusa office was established in 1965 pursuant to Act
1. Does the Bogalusa branch office of the Washington Parish Registrar of Voters properly and legally exist?
2. If a resolution was never adopted, may the Parish governing authority adopt a resolution or ordinance retroactive to 1968 adopting the provisions of Act 622 and establishing the branch office?
Act
In cases not otherwise specifically provided for by law in all parishes in excess of fifteen thousand according to the official U.S. census of 1960 which is not the parish seat, and which is located more than ten miles from the parish seat, the registrar of voters for such parish shall maintain a permanent branch office in such municipality at an exact site to be selected by him. This office shall be kept open on Monday of each week, except legal holidays falling on Monday, from 9:00 A.M. until 1:00 P.M. and from 2: P.M. until 6:00 P.M. and such other days and hours as the registrar considers necessary. (Emphasis added.)
The expenses of maintaining such branch offices, including salaries of necessary personnel, shall be paid by the governing authority of the parish wherein the branch offices are maintained, except that seven hundred fifty dollars per annum for the maintenance of each such branch office shall be paid monthly in such manner as is provided by law out of any funds in the general fund of the state treasury not otherwise appropriated.
As you note, Act
In the parish of Washington, the registrar of voters shall maintain a permanent branch office in Bogalusa at a site provided by the City of Bogalusa or the governing authority of the parish of Washington. This office shall be kept open; on Monday of each week, except legal holidays falling on Monday, from 9:00 A.M. until 1:00 P.M. and from 2:00 P.M. until 6:00 P.M. and such other days and hours as the registrar considers necessary. Seven Hundred Fifty Dollars per annum for the maintenance of this branch office shall be paid monthly in such manner as is provided by law out of any funds in the general fund of the state treasury not otherwise appropriated.
It would appear Act
Of course, there is nothing to prohibit the parish governing authority from adopting a resolution to verify that the office previously established in Bogalusa in 1965 would continue as subsequently reaffirmed by the provisions of Act
We hope this sufficiently answers your inquiry, but if we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
RICHARD P. IEYOUB Attorney General
BY: ___________________________ BARBARA B. RUTLEDGE Assistant Attorney General
RPI/bbr
Date Received: August 9, 2001
Date Released: October 9, 2001