Louisiana Revised Statutes 18:53 – Tenure; removal from office; may not be own immediate successor
Terms Used In Louisiana Revised Statutes 18:53
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Conviction: A judgement of guilt against a criminal defendant.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A. A registrar shall be subject to removal by the State Board of Election Supervisors for willful misconduct relating to his official duty, willful and persistent failure to perform his duty, persistent public conduct prejudicial to the administration of the laws relative to the registration of voters that brings the office into disrepute, or conviction of a felony.
B.(1) A registrar accused of any of the types of conduct set forth in Subsection A of this Section or convicted of a felony shall be subject to immediate suspension from office, with or without pay, by majority vote of the State Board of Election Supervisors.
(2) If the board receives a resolution from a parish governing authority as provided in this Paragraph accusing the parish registrar of any of the types of conduct set forth in Subsection A of this Section, the board shall schedule a hearing on the accusations contained in the resolution within thirty days of the receipt of such resolution. Such resolution must be adopted by a favorable vote of at least two-thirds of the membership of the parish governing authority and transmitted to the chairman of the board by certified mail, return receipt requested. The provisions of this Paragraph shall in no way be construed to limit the powers conferred upon the board by Paragraph (1) of this Subsection.
(3) Prior to removal of a registrar from office, the board shall afford the registrar a hearing in accordance with the provisions of the Administrative Procedure Act.
(4) A registrar may apply for judicial review of an adverse decision of the board by trial de novo, as provided by La. Rev. Stat. 49:978.1, and by appeal, as provided by La. Rev. Stat. 49:979.
C. No registrar who has been removed from office may be reappointed as his own immediate successor.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978; Acts 1995, No. 747, §1.