Opinion Number

Dear Mr. Ficklin:

You have requested an Attorney General's opinion on the following issue:

Is a chief criminal deputy sheriff who assumes the duties of the office of sheriff pursuant to Article V, § 30 of the Louisiana Constitution (1974) and LSA-R.S. 18:602 eligible to run in the next election as a candidate for the office of sheriff?

In Opinion Number 90-614, this office stated, "[t]here is no prohibition in the Louisiana Election Code regarding an appointed person being eligible in the next election as a candidate for the office to which he was appointed." The only applicable bar appears under LSA-R.S. 42:1411(D), which provides such a prohibition when a person appointed to fill the position of the public office is removed from office for a felony conviction.

The same conclusions apply to the situation you present. Therefore, unless a specific prohibition applies, an individual appointed to the position of sheriff pursuant to LSA-R.S. 18:602 is eligible to run for that same office in the next election.

I trust this addresses your concerns. Please contact this office if you need further assistance.

Very truly yours,

RICHARD P. IEYOUB ATTORNEY GENERAL

BY: Carlos M. Finalet, III Assistant Attorney General