La. Public Officers and Employees § 42:76

Current with changes from the 2024 First and Second Extraordinary Sessions

Section 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.

La. Public Officers and Employees § 42:76