Louisiana § RS 18:53 - Removal from office; may not be own immediate successor

§ RS 18:53. Removal from office; may not be own immediate successor

            A. A registrar shall be subject to removal by the State Board of Election Supervisors for cause for any of the following reasons:

            (1) Willful misconduct relating to his official duty.

            (2) Willful and persistent failure to perform his duty.

            (3) Persistent public conduct prejudicial to the administration of the laws relative to the registration of voters that brings the office into disrepute.

            (4) Incompetence.

            (5) Consistent under-performance.

            (6) Abuse of leave policies established by the secretary of state.

            (7) Violation of substance abuse policies established by the secretary of state.

            (8) A finding of "unsuccessful" on a merit evaluation for two successive years.

            (9) Conviction of a felony.

            B.(1) A registrar accused of any of the types of conduct set forth in Paragraphs (A)(1) through (7) of this Section, found "unsuccessful" on a merit evaluation for two successive years, 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)(a) If the board receives a resolution from a parish governing authority as provided in this Paragraph accusing the parish registrar of any conduct set forth in Paragraphs (A)(1) through (7) 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.

            (b) If the commissioner of elections raises allegations that the parish registrar has engaged in any conduct set forth in Paragraphs (A)(1) through (7) of this Section, the board shall schedule a hearing on the allegations brought by the commissioner of elections within thirty days of the receipt of the accusations. If the commissioner of elections serves as a regular member of the board, he shall not serve for the purposes of such hearings, and the secretary of state shall designate a member of the Registrars of Voters Association to serve in the commissioner's place and shall notify the board in writing of any such designation as provided in R.S. 18:23.

            (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 R.S. 49:978.1, and by appeal, as provided by R.S. 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; Acts 2025, No. 371, §1, eff. June 20, 2025.