CHAPTER 3. RIGHT TO OFFICE
§71. Usurpation of office; punishment
Any person who assumes or pretends to be a public officer without the authority of an election, or without the authority of a commission from the governor when a commission is required; or who has been duly addressed out of an office that he held, in the manner provided by Article IX, Section 3, of the Constitution of Louisiana, or who has been removed from such an office by impeachment or recall, is a usurper.
Any usurper who attempts to exercise the functions of a public officer or office, and who interferes with any public officer in the discharge of his duties; or refuses to vacate an office, after having been removed therefrom in the manner provided by Article IX, Section 3, of the Constitution of Louisiana, or by impeachment or recall, shall be fined not more than five hundred dollars or imprisoned not more than six months, or both.
Each day's action by a usurper shall constitute a separate offense.
Amended by Acts 1960, 3rd Ex.Sess., No. 3, §1.
Notes of Decisions
City of Plaquemine v. Medlen, 393 So. 2d 301 (La. Ct. App. 1980).
“R.S. 42:71 (the Intrusion Into Office Act) as follows: "Any person who assumes or pretends to be a public officer without the authority of an election, or without the authority of a commission from the governor when a commission is required; or who has been duly addressed out of…”
State v. Banta, 872 So. 2d 1110 (La. Ct. App. 2004).
· cites it 2× “R.S. 42:71 (the Intrusion into Office Act) as follows: *? Any person who assumes or pretends to be a public officer without the authority of an election, or without the authority of a commission from the governor when a commission is required; or who has been duly addressed out…”
Wheeler v. Kelley, 663 So. 2d 559 (La. Ct. App. 1995).
“Such an action suggests itself to being the nature of an action for Quo Warranto, as exemplified by the provisions of LSA-R.S. 42:71 et seq. Accordingly, we hereby remand this matter to the district court for further proceedings in accordance with this opinion.”
State v. Gibson, 107 So. 3d 574 (La. 2013).
“R.S. 42:71. . See Office of the District Attorney v.”
State Ex Rel. Saint v. Toups, 95 So. 2d 55 (La. Ct. App. 1957).
“Relator is not seeking to challenge his own right to the office and if the respondents wished to challenge his right to the office they should have proceeded under LSA-R.S. 42:71 et seq. Counsel for respondents further cites the case of Nunez v.”
State ex rel. La Nasa v. Hickey, 62 So. 2d 86 (La. 1952).
“The proceeding, as alleged by the relator himself is brought against the respondent as a usurper, within the intent and purview of the intrusion in office statute, LSA-R.S. 42:71. It is significant to note that relator prayed to be recognized as the lawful incumbent of the…”
Jackson v. Rapides Par. Sch. Bd., 410 So. 2d 811 (La. Ct. App. 1982).
“In addition to the relief sought above, plaintiffs contend that they are entitled to relief under the Intrusion Into Office Act, LSA-R.S. 42:71 et seq. *814 As aforementioned, the plaintiffs merely allege facts suggesting that the School Board violated its own bylaws, rules, and…”
Nunez v. Mintz, 613 So. 2d 197 (La. Ct. App. 1992).
“As grounds for the injunction, plaintiffs alleged that by acting on behalf of the Louisiana Health Care Authority subsequent to the adjournment of the Louisiana Senate on June 22, 1992, the defendants were acting in contravention of law and were violating LSA-R.S. 42:71…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.