Judges: WILLIAM J. GUSTE, JR.
Filed Date: 8/12/1991
Status: Precedential
Modified Date: 7/5/2016
Dear Mr. McKeithen:
Our office is in receipt of your August 6th, 1991 letter requesting an Attorney General's opinion regarding the 1991 Gubernatorial Elections. Specifically, you have asked:
What is the Secretary of State's duty with regards to holding parish police jury elections and legislative elections in which reapportionment plans have been submitted to the U.S. Justice Department for preclearance, but such plans have either been objected to or have not received preclearance by qualifying on September 3, 1991?
Section 5 of the Voting Rights Act of 1965, as amended,
(1) A declatory judgment is obtained from the U.S. District Court for the District of Columbia that such qualification, prerequisite, standard, practice, or procedure does not have the purpose and will not have the effect of denying or abridging the right to vote on account of race, color, or membership in a language minority group, or
(2) It has been submitted to the Attorney General and the Attorney General has interposed no objection within a 60 day period following submission.
The Code of Federal Regulations, 28:5110, states, "It is unlawful to enforce a change affecting voting without obtaining preclearance under Section 5. The obligation to obtain such preclearance is not relieved by unlawful enforcement.". Enclosed for your information and review is a copy of Opinion No. 83-633 wherein the Attorney General opined that a proposed plan of government is ineffective until it receives preclearance and, therefore, if a plan is not approved prior to the election, candidates would run from the existing districts according to the prior apportionment.
The Louisiana Revised Statutes, R.S.
The 1974 Louisiana Constitution, Article
LSA-R.S.
In conclusion, it is the opinion of this office that it is the secretary of state's duty to conduct the 1991 Gubernatorial Elections and such elections shall be conducted on reapportionment plans that receive preclearance by the U.S. Justice Department prior to qualifying September 3rd, 1991. Furthermore, if reapportionment plans, either legislative, parish police jury, or BESE plans, are not approved prior to qualifying, then candidates shall qualify to run from the old district or those prior to reapportionment, unless a court shall issue an order to the contrary.
Sincerely,
WILLIAM J. GUSTE, Attorney General
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