Louisiana Voter Registration/Education Crusade, Inc. v. Office of the Registrar of Voters for the Parish of Orleans

511 So. 2d 1190
Louisiana Court of Appeal·Decided August 10, 1987·No. No. C-8419·Published

Opinions

GULOTTA, Chief Judge.

This matter is before us on certiorari granted by this court on August 3, 1987.

Plaintiff-relators seek to enjoin the Registrar of Voters from conducting an annual canvass and purge of the voting rolls of Wards 8 and 9 in Orleans Parish until after the November 21, 1987 general election.1 The trial judge denied relators’ request for injunctive relief.

In performing the canvass, the Registrar mails printed cards to the names and addresses of the persons registered on the voting records. Those persons whose cards are returned undelivered as addressed are then sent a second notice, called a “letter of irregularity”, and a list of their names is published in the newspaper to notify them to prove the correctness of their registration within three days or be cancelled from the voting records. See LSA-R.S. 18:193.

Plaintiffs claim that R.S. 18:192 of the election code mandates that in the month of January the Registrar of Voters shall annually canvass the names of the registrants.2 According to relators, because the Registrar failed to conduct the canvass as mandated in January and is now attempt[1192] ing to conduct it within relatively close proximity to October primary and November general elections, those persons who are purged from the roles will not have adequate time to re-register, and will be foreclosed from exercising their right to vote in the upcoming elections. Relators argue any canvass in 1987 should be postponed until after the November 21, 1987 election. We find no merit to these contentions.

The office of the Registrar of Voters for the Parish of Orleans is an agency of the State, funded by the New Orleans City Council. Like other State agencies, it is clothed with authority to conduct its business reasonably and properly in accordance with law. As an administrative agency, its decisions will not be distrubed by our courts unless found to be unreasonable, arbitrary or capricious, or characterized by an abuse of discretion. LSA-R.S. 49:964; Southern Pac. Transp. Co. v. Louisiana P. Serv. Com’n, 290 So.2d 816 (La.1974), appeal dismissed 419 U.S. 810, 95 S.Ct. 23, 42 L.Ed.2d 37, (1974); Locke v. Plaquemines Parish Com’n Council, 499 So.2d 1217 (La.App. 4th Cir.1986); Concerned Citizens of Rapides Parish v. Hardy, 397 So.2d 1063 (La.App. 3rd Cir.1981), writ denied 404 So.2d 274 (La.1981).

The threshold question before us, therefore, is whether the Registrar’s actions in commencing the canvass on January 27, 1987 and completing it in subsequent months are unreasonable, capricious or an abuse of discretion in the discharge of his duties to protect the integrity of voter registration in Orleans Parish.

In this connection, A.E. Papale, the Registrar of voters for the Parish of Orleans testified that it was “impossible” to commence and complete the 1987 canvass more expeditiously because his office was compelled to move to a new location on December 29 and 30, 1986. According to Papale, the new office was in a state of confusion and “chaotic”, reducing the ability of his staff to function. Papale also stated that a special election on January 17,1987 and the handling of absentee voting for that election had diverted efforts of his office from the canvass. The Registrar further pointed out the canvass was restricted because full computer service was not immediately operative in the new office. According to Papale, the office did not become fully operational until March 24, 1987.

Julia Nagel, an employee in the Registrar’s office for approximately 14 years, explained that in conformity with LSA-R.S. 18:191, 192 and 193, the City was divided into four areas for canvassing purposes over a four year period. Wards 1 through 7 were canvassed in the first year, Wards 8 and 9 in the second, Wards 10 through 14 in the third, and Wards 15 through 17 in the fourth. On this rotational basis, Wards 8 and 9 were scheduled for canvassing in 1987.

Nagel stated that the Registrar’s office was notified on December 17, 1986 that it would be moving its offices on December 29,1986. She corroborated the Registrar’s testimony that the office was in chaos as a result of the move and that only two of the eight computers were operative. Her recollection was that the computers were completely operative on March 16, 1987.

On January 27, 1987, the Registrar requested canvassing cards from Baton Rouge and received them on February 2, 1987. On February 10, 1987 the cards were mailed to the voters in the 8th and 9th Wards. Between February 2 and February 10, employees of the Registrar’s office were checking the cards for accuracy. According to Nagel, six or eight weeks are required before the cards are returned to the Registrar by the post office. Nagel testified that approximately three or four months are required to complete the entire canvass.

Nagel explained the canvassing procedure went forward without problem until a newspaper advertisement notifying individuals subject to purge erroneously failed to exclude legal holidays from the three day period. See LSA-R.S. 18:193. This notice went out on May 7. In response to a question why the office did nothing between May 29 and July 2, Ms. Nagel testified that the City Council, by the adoption of a June 4,1987 resolution, sought to have [1193] the Registrar postpone the canvass “until after the November, 1987 general election.” After receipt of the resolution, the Registrar, on June 9, 1987, sought an opinion from the Attorney General regarding the City Council’s request for postponement. On June 15,1987, the Attorney General advised the Registrar that he was required to conduct the canvass and was not permitted to delay it until after the November election.

On July 2, 1987 a temporary restraining order was issued in the trial court restraining the Registrar from doing any acts in furtherance of the canvass. On July 22, 1987 that restraining order was dissolved. This court on August 3, 1987 issued a stay order which was recalled on August 8, 1987.

Considering the above chronology, we cannot conclude that the Registrar acted unreasonably, arbitrarily, or capriciously in conducting the canvass. Any delays that occurred were not of his making but rather involved circumstances over which he had little or no control.

Although plaintiffs claim that the statute as written requires that the canvass be conducted and completed in January or as soon thereafter as possible, the statute is silent as to when the canvass, begun in January, must be completed. The statute’s failure to specify a deadline for completing the canvass has caused, to some extent, the dilemma faced by the litigants and this court. This problem, however, is one that unquestionably addresses itself to the Legislature and not to this court in this ligigation.

Free access — add to your briefcase to read the full text and ask questions with AI

Louisiana Voter Registration/Education Crusade, Inc. v. Office of the Registrar of Voters for the Parish of Orleans, 511 So. 2d 1190 (La. Ct. App. 1987).

511 So. 2d 1190 (Louisiana Voter Registration/Education Crusade, Inc. v. Office of the Registrar of Voters for the Parish of Orleans) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Dumas v. Jetson
462 So. 2d 266 (Louisiana Court of Appeal, 1984)
Southern Pac. Transp. Co. v. Louisiana P. Serv. Com'n
290 So. 2d 816 (Supreme Court of Louisiana, 1974)
Southland Corp. v. COLLECTOR OF REVENUE FOR STATE
321 So. 2d 501 (Supreme Court of Louisiana, 1975)
Concerned Citizens of Rapides Parish v. Hardy
397 So. 2d 1063 (Louisiana Court of Appeal, 1981)
Screen v. Bankston
498 So. 2d 770 (Louisiana Court of Appeal, 1986)
Locke v. Plaquemines Parish Commission Council
499 So. 2d 1217 (Louisiana Court of Appeal, 1986)