Judges: RICHARD P. IEYOUB
Filed Date: 10/19/1995
Status: Precedential
Modified Date: 7/5/2016
Dear Mr. Lorio:
We are in receipt of your request for an Attorney General's opinion concerning the petition establishing term limits for councilmen in St. John the Baptist Parish. Your letter states that pursuant to the initiative powers granted the citizens of St. John the Baptist Parish by its Home Rule Charter, a petition establishing term limits for councilmen was presented to the council for certification within thirty days thereof on September 12, 1995. The procedure for said process generally tracks that of the recall process established by R.S.
Whether R.S.
18:1300.3 , which allows any voter to request that his signature be stricken, is applicable to the process described above?
As your letter states, R.S.
B. After receipt of the copy of the signed petition as provided in R.S.
18:1300.2 (C), and prior to certification of said petition, the registrar of voters shall honor the written request of any voter who either desires to have his signature stricken from the petition or desires to have his signature added to the petition.
Prior to the enactment of this law, in the case of Hawthornev. McKeithen,
"In the absence of any statutory provisions or judicial pronouncements permitting or denying the withdrawal of a name, we must hold that it is within the authority of the Governor to accept properly certified requests of individuals to have their names withdrawn.
* * *
To hold otherwise would in our opinion make it impossible for an individual having once signed a recall petition to ever have his name stricken therefrom." Id. at 901.
The Court of Appeal for the Third Circuit followed the reasoning of Hawthorne in the case of Holmes v. ValleyElectric Membership Corporation,
In researching this matter, we have not found a decision of a higher court prohibiting the withdrawal of signatures from a petition. A provision of state law, R.S.
We hope that this opinion adequately addresses your question. If we can be of further assistance, please do not hesitate to contact our office.
Yours very truly,
RICHARD P. IEYOUB ATTORNEY GENERAL _________________________________ ANGIE ROGERS LaPLACE Assistant Attorney General
ARL/pb
arl/opinions/ 95-409
DATE RECEIVED:
DATE RELEASED:
ANGIE ROGERS LAPLACE ASSISTANT ATTORNEY GENERAL