§ 18:495 — Initiation of action by district attorney; attorney general; court costs and attorney fees

§495. Initiation of action by district attorney; attorney general; court costs and attorney fees
A. If after investigation the district attorney has reason to believe that a convicted
felon who is prohibited from qualifying for office pursuant to R.S. 18:451 has filed a notice
of candidacy, the district attorney shall immediately bring an action objecting to the
candidacy of such person. However, if the district attorney has a conflict or is otherwise
unable to bring the action objecting to the candidacy of such person, he shall request the
attorney general to bring such action.
B. The district attorney shall have standing to bring such an action pursuant to this
Subpart. In addition, if requested in accordance with Subsection A of this Section, the
attorney general shall have standing to bring such an action pursuant to this Subpart. The
time limitation to commence an action objecting to candidacy prescribed by R.S. 18:493
shall apply to such actions brought by the district attorney or the attorney general.
C. Such an action shall not impede or impair the ability of the district attorney or any
other law enforcement official from pursuing any violation of R.S. 18:1461 or any other
applicable provision of law.
D. The provisions of this Section shall not be interpreted in any manner to limit or
impede the ability of a registered voter to bring an action objecting to candidacy pursuant to
the provisions of this Part.
E. The court shall assess all court costs, including any applicable attorney fees,
incurred in the institution of the action required by this Section against the subject of the
action if such person qualified for office in violation of R.S. 18:451.

Legislative History

Acts 2003, No. 529, §1, eff. June 27, 2003; Acts 2006, No. 593, §1, eff. Aug. 1, 2006; Acts 2018, No. 584, §3, eff. Jan. 1, 2019.