00-0353
Terrebonne Parish charter provision and the Election Code must be interpreted in reference to each other so that the 15% requirement of all registered voters would not include those voters on the inactive list.
Cite as La. Att'y Gen. Op. No. 00-0353
September 19, 2000
OPINION NUMBER 00-353
Honorable Hunt Downer
Louisiana House of Representatives
District No. 52
Post Office Box 7015
Houma, Louisiana 70361-7015
Honorable Reggie P. Dupre, Jr.
Louisiana House of Representatives
District No. 53
Post Office Box 3893
Houma, Louisiana 70361-3893
Clayton E. Lovell, Esq.
101 Wilson Avenue
Post Office Box 3017
Houma, Louisiana 70361
Gentlemen:
We have combined your request for an expedited Attorney General’s opinion on
the following issue:
Whether the petition process under Act No. 2 of the First
Extraordinary Session of 2000, which requires the signatures of
15% of the total registered voters of the parish, includes those on
the inactive list of voters?
One request letter states that Section 7.01(2) of the Home Rule Charter for a
Consolidated Government for Terrebonne Parish provides that the number of
signatures to be obtained in order to place an initiative on the ballot is 15% of the
total registered voters of the Parish. It is also noted that R.S. 18:196(A)(1)
provides that the names of registrants on the inactive list of voters shall not be
counted in computing the number of signatures required on any petition.
It is our understanding that the registrar of voters followed the provisions of R.S.
18:196(A)(1) and did not include the names of registrants on the inactive list of
voters in computing the number of signatures required on the petition herein. In
other words, 15% of the total registered voters did not include those voters on the
inactive list.
Terrebonne Parish charter provision and the Election
Code must be interpreted in reference to each other
so that the 15% requirement of all registered voters
would not include those voters on the inactive list.
Opinion No. 00-353
Page -2-
The issue herein is whether the charter should be followed to the exclusion of
any other law, specifically the Election Code, and thus require 15% of all
registered voters, active and inactive voters. La. Civil Code Article 13 provides,
“Laws on the same subject matter must be interpreted in reference to each
other.” Certainly, the charter provision and the Election Code are laws on the
same subject matter, and thus, it is mandatory that they be interpreted in
reference to each other, if possible.
It is our opinion that the charter and the Election Code can be read together so
that the 15% requirement of all registered voters would not include those voters
on the inactive list. We hope this opinion sufficiently addresses all issues herein.
If we can be of further assistance, please advise.
Yours very truly,
RICHARD P. IEYOUB
ATTORNEY GENERAL
ANGIE ROGERS LAPLACE
Assistant Attorney General
RPI/ARL;mjb
Opinion No. 00-353
Page -3-
SYLLABUS
Terrebonne Parish charter provision and the Election Code must be interpreted
in reference to each other so that the 15% requirement of all registered voters
would not include those voters on the inactive list.
Honorable Hunt Downer
Louisiana House of Representatives
District No. 52
Post Office Box 7015
Houma, Louisiana 70361-7015
Honorable Reggie P. Dupre, Jr.
Louisiana House of Representatives
District No. 53
Post Office Box 3893
Houma, Louisiana 70361-3893
Clayton E. Lovell, Esq.
101 Wilson Avenue
Post Office Box 3017
Houma, Louisiana 70361
Date Received:
Date Released: September 19, 2000
ANGIE ROGERS LAPLACE
Assistant Attorney General