The south-western. [volume] (Shreveport, La.) 1852-1870, 1868-12-09
No 10.
ATTORNEY Generals Opinion.

AJGQIuSy UCilC1 e&l ~ DAAA1oAs'
The following is the opinion of Attorney General
Belden in reference to questions submitted TO hn oy
the Secretary Of State regards the mannern which
election returns shall be made throughout the State
ATTORNEY GENERALS OFFICE,
/ $50 New Orleans La Nov. 25, 1863
Hon. Geo. f. Bovee, Secretary OF State state OF LOUIS
t lana, New trleaps
/ Dear Sir-Your communication Of yesterday is at
hand propoundng the legal questions as to who are
returning officers of election, in both country aud CITY,
The laws in reerenceto registration aud elections
being not only long, but vague and somewhat contra
dietory have scarcely had time to give them sueh
careful examination would be desirable
In answer to your first inquiry as to IS who are the
proper returning officers for the parishes outside OF
the parish of Orleans" have to reply that there can
be no doubt, from a casual reading of the law,
that it is the duty Of the Board ofSapervsors OF Reg
istraon aud Election for each of said parishes
| Tie secord question TO "who is the proper re-
turning officer or officers for The parish of Orleans is
not so readily answered as the first question How
ever am opinion that the Supervisors OF ReglstFa
ton for the city Of New Orleans and parish OF Orleans
are also returning officers
The whole theory of registration aud election, under
existing laws places the entire control aud nrisdtc-
ton such matters i'll the hands of the board OF
registration and boards Of supervision.
| The second section Of the act approved September
T. 1868 entitled An act to create Board OF Regis
tration supcrntend the registration of the qualified
electors of this State pre>eribes the detail aud mannef
of appointment of supervisors both for country and
city, and which section OF said law has been amended
| by act No. g2, upon the same subject. Thus 1t Is
clear as to the appointment of Supervisors of Regis
trationn for the coupry parishes ofthe State and the
different districts Of the city Of New Orleans
| In accordance with this organisation, they were re-
eured regster the qualified electors, etc, etc.
After this and before election under section l6 CT
said act approved September 7th, said supervisors
required to establish election precincts and places
for voting and appoint commissioners for each poll
thus entirely changing the act of 1856 as to the an
thory to appoint commissioners of election both for
the country andcty, and vesg the entire control Of
the subject in the hands Of supervisors under the law
/ aS now existing.
| This therefore, brings US down to the election ITSELF
and in determining who are returning officers. We
must examine the acts in reference to registration
with act No. l64 relative to elections. Section 38 Of
the relative elections makes the duty of com
issoners of election receive the ballots Of all legal
voters, and Immediately after closing the polls they
were required to eeunt the votes and make duplicate
returns One of the lists and of the returns shall
be delivered to the deputy sheriff other officer in
attendance, whose duty shall be to convey the same
without delay, to the returning officer officer Of the
parish.
We are now led to the direct question as to who is
the returning officer? The returning officer officers is
doubtless that officer officers person persons,
who finally causes the returns Of evidences Of tie
result of election to be delivered to the proper officer
who is their final custodian a part of the State
cives This is the Secretary of State.
This is concusvey settled by section 25 of the act
relative to elections This section requires that shall
be the duty of said supervisors of registration In each
parish to make returns to the Secretary of State"
This section does not except New Orleans in making it
the duty of supervisors make of election;
but if there any doubt, it is settled when
further in the section that these "supervis-
required to file copy of returns in the Office
Of the clerk of the First District Court
The term "sad supervisors in the second line Of
the 25th section, does not refer to section 24 form
ing exception to the general rule. New Orleans,
in said oath section is simply excepted so far as the
law requires that the supervisors meet at the
house, and nothing more. This is readily seen to be
in accordance with section H. first in reference to
registration, which requires all supervisors to hold
office and meet at courthouse, except the parish Of Or
leans
The exception contained iii said 9th section evil
IDENTIFY has reference to meeting at the courthouse
making proclamation, etc.
IN Sc, Hegst&at;ea the
supervisors required to keep the office the court
house, except in the parish of Orleans. This then,
read in connection with section 81 above referred to-
evidently refers the meeting the courthouse aud
does not except the supervisors returning officers
under the law.
The sheriff was, under the act of 1856 the return
ing officer but under section 81 of act of 1868 rela
tive to elections he is certainly inhibited from making
returns, or doing anything further than carving the
list and returns to the retaining officer as provided
in the following section 50. The simple CARRYING of
the result of an election from the place where the
votes are cast to the person persons making
to where they are finally deposited does not make him
a returning officer, such you inquire Of
i am, therefore, of the opinion that the Boards of
supervisors of Election as constituted under the law
throughout the State, well in New Orleans as other
parishes OF the State are the proper returning officers
am yours, very respectfully
SIMEON BELDEN, Attorney General