Louisiana Voter Registration/Education Crusade, Inc. v. Office of the Registrar of Voters for the Parish of Orleans

HERBERT A. CADE, Judge Pro Tem.,

dissenting in part and concurring in part in the result.

It is improper to defer in interpretation of a statute to an official whose position is appointive and whose authority under the statute is strictly ministerial and non-discretionary. The arbitrary and capricious standard of judicial review embodied in our Administrative Procedure Act, R.S. 49:964(G)(5), has no application to this case. Administrative adjudication is not challenged. Rather, this court is asked to interpret R.S. 18:191 and 18:192 and to determine whether the actions of the registrar comport…