Louisiana § RS 42:76 - Actions to try right to office; associations acting as corporations

Full text of Louisiana Louisiana Civil Code § RS 42:76 — Actions to try right to office; associations acting as corporations, with citation guidance and answers to common questions.

§ RS 42:76. Actions to try right to office; associations acting as corporations

An action shall be brought in the name of the state in any of the following cases:

(1)  When any person usurps, intrudes into, or unlawfully holds or exercises or attempts to remain in possession of any public office or franchise within this state.

(2)  When any public officer has done, or suffered to be done, an act which under the laws of this state constitutes a forfeiture of his office.

(3)  When any association or any number of persons act as a corporation without being duly incorporated.

This action shall be brought by the attorney general of the state or by the parish district attorney of the parish in which the case arises against the offender, and the suit shall be filed in the district court of that parish.

The action may also be brought by the governor appearing in proper person or through the attorney general of the state or other counsel he may select.

Source: official Louisiana text · Last verified 2026-08-27

Frequently Asked Questions About Louisiana § RS 42:76

What does Louisiana Civil Code § RS 42:76 cover?

Section RS 42:76 ("Actions to try right to office; associations acting as corporations") is part of the Louisiana Civil Code, the codified statutory law of Louisiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Louisiana § RS 42:76?

A common citation format is "Louisiana Civil Code § RS 42:76" (Louisiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Louisiana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Louisiana official source linked on this page or consult a licensed Louisiana attorney.

How does Louisiana § RS 42:76 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Louisiana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Louisiana.