Opinion Number

Dear Ms. Shirley:

Your letter of September 29, 1993 questions whether a vacancy is created in the elected office of justice of the peace where that official moves his residence outside the ward from which he was elected.

A vacancy may occur in an elective office when the person elected to or holding the office "no longer meets the residence or domicile requirements of the office, declaration of retention of domicile to the contrary notwithstanding". LSA-R.S.18:581(1). At first glance, it would appear that the provisions of LSA-R.S. 18:581(1) are invoked when an elected justice of the peace no…