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October 13, 2000 OPINION NUMBER 00-348 James W. Martin Clerk of Court Bienville Parish 100 Courthouse Drive Arcadia, Louisiana 71001 Dear Mr. Martin: We are in receipt of your request for an Attorney General’s Opinion concerning a dual employment issue. Specifically, you ask whether you as Clerk of Court may appoint as a deputy custodian of voting machines the Coroner of Bienville Parish. The dual officeholding laws, LA R.S. 42:61 et seq., apply in general to a person holding two positions at the same time. These statutes allow a person holding a local elective position to hold a local part-time appointive position. The office of Coroner of Bienville Parish is classified as a local elective office. Under LA R.S. 18:1354 (C), it is apparent that the position of deputy custodian of voting machines is a local part-time appointive position. Specifically, LA R.S. 18:1354 (C) states in pertinent part: The parish custodian of voting machines may employ persons on a temporary basis, as needed, to assist him in the performance of his duties. He may appoint a deputy parish custodian of voting machines for any polling place he deems necessary. [Emphasis added]. Therefore, it is our the opinion that the part-time appointment of deputy custodian of voting machines and the local elective position of coroner will 78 OFFICERS - Dual Office Holding LA R.S. 42:61 et seq. LA R.S. 18:1354 (C) The Clerk of Court of Bienville Parish may appoint as a deputy custodian of voting machines the Coroner of Bienville Parish. James W. Martin Opinion No. 00-348 Page 2 not violate the dual officeholding laws. If our office can be of further assistance, please advise. Yours very truly, RICHARD P. IEYOUB ATTORNEY GENERAL BY: ______________________ ANDREW D. BENTON Assistant Attorney General James W. Martin Opinion No. 00-348 Page 3 OPINION NUMBER 00-348 Syllabus 78 OFFICERS - Dual Office Holding LA R.S. 42:61 et seq. LA R.S. 18:1354 (C) The Clerk of Court of Bienville Parish may appoint as a deputy custodian of voting machines the Coroner of Bienville Parish. James W. Martin Clerk of Court Bienville Parish 100 Courthouse Drive Arcadia, Louisiana 71001 Date Received: Date Released: October 13, 2000 Andrew D. Benton Assistant Attorney General