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Regular Session, 2010
HOUSE BILL NO. 1157
BY REPRESENTATIVE HENRY
ELECTIONS/CONGRESSIONAL: Provides relative to the system for congressional
elections
AN ACT1
To amend and reenact R.S. 18:44(A) and (B)(5)(b), 110(B), 193(F), 197, 402(B),2
(C)(introductory paragraph), (E)(3)(e)(ii), and (G), 433(G)(1) and3
(H)(1)(introductory paragraph), 434(A)(1), (C)(introductory paragraph), and (D)(1)4
and (2), 435(A)(1) and (B), 436, 453(A) and (B), 467(introductory paragraph) and5
(2), 468(A), 491(A) and (C), 512(B), 535(B), 552(A)(introductory paragraph),6
1272(A), 1275.2, 1275.3(A) and (B), 1275.4, 1275.6(B), (D), and (E)(1), 1275.7,7
1275.8, 1275.9, 1275.10, 1275.11(A) and (D), 1275.15, 1275.17(A) and (D),8
1275.18, 1275.19, 1275.21(A) and (C), 1275.22, 1275.23, 1278(B), 1279,9
1285(B)(1)(a), 1300(C)(1), 1300.7(A), 1306(A)(4) and (C)(2), 1307(A)(8) and (E),10
1308(A)(2)(a), 1314(B) and (C), 1355(6), 1401(B), 1402(B)(1)(c), 1405(A),11
1406(B), 1407, 1409(B)(1) and (2), 1432(A), and 1461(A)(17) and to repeal R.S.12
18:1275.13 and 1275.14, relative to elections; to provide for the system of elections13
for congressional offices; to provide for nomination of candidates for general14
elections for congressional offices in a congressional primary election; to provide15
relative to objections to candidacy and contests of elections; to provide relative to16
changes to and challenge and cancellation of voter registration; to provide relative17
to procedures for voting; to provide relative to qualifications for voting; to provide18
for election dates; to provide relative to courses of instruction for commissioners; to19
provide relative to selection and replacement of commissioners; to provide relative20 HLS 10RS-1552 ORIGINAL
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to alternate commissioners; to provide relative to watchers; to provide relative to1
dual candidacy; to provide relative to qualification of candidates; to provide relative2
to the election of candidates in a primary and general election; to provide relative to3
notice of location of precincts and polling places; to provide relative to election4
materials; to provide relative to filling vacancies in federal offices; to provide5
relative to recall elections; to provide relative to absentee by mail and early voting;6
to provide relative to voting machines; to provide relative to election offenses; and7
to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 18:44(A) and (B)(5)(b), 110(B), 193(F), 197, 402(B),10
(C)(introductory paragraph), (E)(3)(e)(ii), and (G), 433(G)(1) and (H)(1)(introductory11
paragraph), 434(A)(1), (C)(introductory paragraph), and (D)(1) and (2), 435(A)(1) and (B),12
436, 453(A) and (B), 467(introductory paragraph) and (2), 468(A), 491(A) and (C), 512(B),13
535(B), 552(A)(introductory paragraph), 1272(A), 1275.2, 1275.3(A) and (B), 1275.4,14
1275.6(B), (D), and (E)(1), 1275.7, 1275.8, 1275.9, 1275.10, 1275.11(A) and (D), 1275.15,15
1275.17(A) and (D), 1275.18, 1275.19, 1275.21(A) and (C), 1275.22, 1275.23, 1278(B),16
1279, 1285(B)(1)(a), 1300(C)(1), 1300.7(A), 1306(A)(4) and (C)(2), 1307(A)(8) and (E),17
1308(A)(2)(a), 1314(B) and (C), 1355(6), 1401(B), 1402(B)(1)(c), 1405(A), 1406(B), 1407,18
1409(B)(1) and (2), 1432(A), and 1461(A)(17) are hereby amended and reenacted to read19
as follows: 20
§44. Contesting election; referral for prosecution21
A. Whenever the board determines as a result of an investigation that22
violations of law, irregularities, error, or fraud have occurred in the conduct of an23
election which in the judgment of the board has resulted in the apparent qualification24
for the second party primary election or for the general election or the apparent25
election of a candidate not entitled to be so qualified or elected, the board, upon the26
favorable vote of three members, may institute suit to contest the election in order27
to protect the interest and rights of the state in fair and honest elections. In addition,28 HLS 10RS-1552 ORIGINAL
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for the same cause and upon the same vote, the board may intervene in any suit1
instituted by any other party to contest an election.2
B. In any suit instituted by the board to contest an election, the provisions3
of Chapter 9 of this Title shall apply, except that:4
* * *5
(5) The petition shall contain, but shall not be limited to, the following:6
* * *7
(b) The allegation that except for substantial irregularities or error, fraud, or8
other unlawful activities in the conduct of the election, a different candidate would9
have qualified for a second party primary election or a general election or would10
have been elected.11
* * *12
§110. Removal from precinct; removal from parish13
* * *14
B.(1) A change of registration based upon a change of residence within a15
parish received after the closing of registration for a primary election shall become16
effective the day after the general election or special general election when a special17
primary election is held in conjunction with a general election except as follows:18
(a) A person whose registration has been canceled pursuant to R.S.19
18:193(G).20
(b) A person whose registration has been canceled or whose address has been21
corrected pursuant to R.S. 18:196(C).22
(2) A change of registration based upon a change of residence within a parish23
received after the closing of registration for a first party primary election or special24
first party primary election and prior to the closing of registration for the second25
party primary election or special second party primary election shall become26
effective prior to the second party primary election or special second party primary27
election, except as follows:28 HLS 10RS-1552 ORIGINAL
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(a) A person whose registration has been canceled pursuant to R.S.1
18:193(G).2
(b) A person whose registration has been canceled pursuant to R.S.3
18:196(C).4
(3) (2) The change of residence of a registrant from one precinct to another5
in the same parish does not deprive him of the right to remain as a legal registrant,6
as to all issues upon which he was entitled to vote prior to his change of residence,7
in the precinct from which he has removed until he changes his registration as8
provided in Subsection A of this Section and has the right to vote in the precinct to9
which he has moved.10
(4) (3) However, in a regularly scheduled general election where the only11
candidate's election appearing on any ballot in the parish is a special primary12
election, then in such instance, the change shall become effective prior to the special13
primary election. In a regularly scheduled or special general election, where the14
change of registration does not change any issues or candidate offices upon which15
the voter was entitled to vote prior to the change, the change shall become effective16
prior to the regularly scheduled or special general election.17
* * *18
§193. Challenge and cancellation of registration; notice; procedures19
* * *20
F. A list of names and addresses to whom address confirmation notices are21
sent and whether or not each person responded to the confirmation notice shall be22
maintained for a period of two years and shall be open to inspection and copying as23
provided in R.S. 18:154. Ninety days prior to a regularly scheduled first party24
federal primary election, the names and addresses of those persons on the inactive25
list shall be published for one day in the official journal of the parish governing26
authority or in a newspaper calculated to provide maximum notice in the parish.27
* * *28 HLS 10RS-1552 ORIGINAL
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§197. Registration; cancellation1
No registrar of voters shall cancel the registration of any voter in his parish2
between any primary or first party primary election, as the case may be, and the3
subsequent general election occurring in that parish as a result of any of the4
processes authorized by this Part, except in the case of a person who has been5
fraudulently placed upon the registration records or in the case of a person whose6
registration is canceled pursuant to the annual canvass conducted by the registrar.7
* * *8
§402. Dates of primary and general elections9
* * *10
B. Congressional elections. Elections for members of Congress congress11
and officers elected at the same time as members of Congress congress shall be held12
every two years, beginning in 1982.13
(1) Congressional first primary elections for recognized political parties shall14
be held on the first Saturday in September of an election year.15
(2) Congressional second primary elections for recognized political parties16
and primary elections for officers elected at the same time as members of Congress17
congress shall be held on the first Saturday in October of an election year.18
(3) (2) Congressional general General elections for members of congress and19
officers elected at the same time as members of congress shall be held on the first20
Tuesday after the first Monday in November of an election year.21
C. Municipal and ward elections. In all municipalities with a population of22
less than four hundred seventy-five thousand, elections for municipal and ward23
officers who are not elected at the same time as the governor or members of congress24
shall be held every four years. The primary election for municipal and ward officers25
who are elected at the same time as members of Congress shall be held on the same26
date as the congressional second party primary, and the general election shall be held27
at the same time as the general election for congressional offices.28
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E. Special elections to fill newly created office or vacancy in office. An1
election to fill a newly created office or vacancy in an existing office, except the2
office of state legislator or representative in congress, shall be held on the dates fixed3
by the appropriate authority in the proclamation ordering a special election as4
follows:5
* * *6
(3) A special general election shall be held on one of the following days:7
* * *8
(e)9
* * *10
(ii) The fourth Saturday after the first Saturday in February of 1995, when11
the special primary election is held as authorized in R.S. 18:402(E)(1)(e)(ii) Item12
(1)(e)(ii) of this Subsection on the first Saturday in February of 1995.13
* * *14
G. Prohibited days. No election of any kind shall be held in this state on any15
of the days of Rosh Hashanah, Yom Kippur, Sukkoth, Shimini Atzereth, Simchas16
Torah, the first two days and the last two days of Passover, Shavuoth, Fast of AV,17
the two days preceding Labor Day or the three days preceding Easter. If the date of18
any election falls on any of the above named above-named days, the election shall19
be held on the same weekday of the preceding week. If the date of the election for20
a second party primary is advanced pursuant to this Subsection, the first party21
primary shall also be advanced by the same number of weeks.22
* * *23
§433. Commissioners-in-charge; course of instruction; selection; commission;24
disqualification; replacement25
* * *26
G. Replacement. (1) Except as provided in Subsection H of this Section, if27
it becomes certain that a commissioner-in-charge will not be able to serve for a28
primary or first party primary election, or if a commissioner-in-charge fails to attend29 HLS 10RS-1552 ORIGINAL
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a course of instruction held immediately prior to a primary or first party primary1
election as provided in R.S. 18:431(B), the parish board of election supervisors shall2
select a replacement commissioner-in-charge who shall serve for both the primary3
or first party primary and general elections. Except as provided in Subsection H of4
this Section, if it becomes certain that a commissioner-in-charge will not be able to5
serve for a second party primary or a general election, or if a commissioner-in-6
charge fails to attend the course of instruction held prior to a second party primary7
or a general election, the parish board of election supervisors shall select a8
replacement commissioner-in-charge who shall serve for both the second party9
primary and the general election.10
* * *11
H. Replacement. (1) If a commissioner-in-charge fails to appear at the12
polling place at least thirty minutes before the time when the polls are to open on13
election day, the commissioners in attendance at the polling place shall immediately14
notify the clerk of court of the absence. Immediately upon receipt of the notice, the15
clerk of court shall select a replacement commissioner-in-charge for that precinct.16
Subject to the provisions of Subsection G of this Section, a replacement17
commissioner-in-charge selected for a primary or first party primary election also18
shall serve for the second party primary and the general election. The replacement19
commissioner-in-charge shall be selected from the following categories in the order20
of priority listed:21
* * *22
§434. Commissioners and alternate commissioners; selection; commission;23
disqualification; replacement24
A. Time and place of selection. (1) The parish board of election supervisors25
shall meet at 10:00 a.m. on the twenty-ninth day before a primary or first party26
primary election to select the commissioners and alternate commissioners for each27
precinct. The meeting shall be open to the public. The board shall have previously28 HLS 10RS-1552 ORIGINAL
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posted a notice on the front courthouse door designating the location within the1
courthouse where the meeting is to be held.2
* * *3
C. Commission. Once the commissioners and alternate commissioners are4
selected for a primary, first party primary, second party primary, and general5
election, the parish board of election supervisors shall immediately:6
* * *7
D. Replacement of a commissioner. (1) If prior to the day of the election8
a commissioner notifies the parish board of election supervisors that he is unable to9
serve as commissioner, the parish board of election supervisors shall select an10
alternate commissioner to serve in place of the absent commissioner. An alternate11
commissioner who replaces an absent commissioner in a primary or first party12
primary election shall replace the absent commissioner in the second party primary13
and in the general election. An alternate commissioner who replaces an absent14
commissioner in a second party primary election shall replace the absent15
commissioner in the general election. If there are no alternate commissioners or an16
insufficient number of alternate commissioners available, the parish board of election17
supervisors shall select a person to serve as commissioner from the list containing18
the names of persons within that ward who have received certificates of instruction19
from the clerk of court pursuant to R.S. 18:431(A)(1). If no person on that list is20
available to serve as commissioner, the parish board of election supervisors shall21
select any person within the parish who has received a certificate of instruction from22
the clerk of court pursuant to R.S. 18:431(A)(1). If there is no such qualified person23
available, the parish board of election supervisors shall select a watcher.24
(2) If a commissioner fails to appear at the polling place at least thirty25
minutes before the time when the polls are to open on election day, or if a26
commissioner is selected as commissioner-in-charge, the commissioner-in-charge27
shall select an alternate commissioner to serve in place of the absent commissioner.28
An alternate commissioner who replaces an absent commissioner in a primary or29 HLS 10RS-1552 ORIGINAL
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first party primary election shall replace the absent commissioner in the second party1
primary and in the general election. An alternate commissioner who replaces an2
absent commissioner in a second party primary election shall replace the absent3
commissioner in the general election. If there are no alternate commissioners or an4
insufficient number of alternate commissioners available, the commissioner-in-5
charge shall select a person to serve as commissioner from the list containing the6
names of those who have received certificates of instruction that was furnished him7
by the parish board of election supervisors pursuant to R.S. 18:431(A)(5). If no8
person on that list is available to serve as commissioner, the commissioner-in-charge9
shall select any person present at the polls who possesses the qualifications of a10
commissioner as set forth in R.S. 18:425(B). If there is no such qualified person11
available, the commissioner-in-charge shall select a watcher.12
* * *13
§435. Watchers; appointment and commission14
A. Right to have watchers. (1) Each candidate is entitled to have one15
watcher at every precinct where the office he seeks is voted on in any a primary or16
general election. The candidate or his authorized representative shall file one list of17
watchers on a form provided by the secretary of state or on a form which contains18
the same information as required by the form provided by the secretary of state.19
When a candidate's list of watchers is filed by the candidate's authorized20
representative, a letter of authorization from the candidate shall accompany the list21
of watchers; However however, in the case of a presidential election, each slate of22
candidates for presidential elector is entitled to have one watcher at every precinct.23
The state central committee of each recognized political party shall be responsible24
for filing the list of watchers for its slate of candidates for presidential elector. The25
list of watchers for an independent or other party slate of candidates for presidential26
elector shall be filed by any person so authorized by the presidential candidate27
supported by the slate of electors. A letter of authorization from the presidential28 HLS 10RS-1552 ORIGINAL
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candidate, or an authorized agent of his campaign, shall accompany the list of1
watchers.2
* * *3
B. Lists of watchers. A list of watchers shall be filed with the clerk of court4
before 5:00 p.m. on the tenth day before any the primary or general election;5
However however, if the tenth day before any the primary or general election falls6
on a Saturday, Sunday, or other legal holiday, the list shall be filed on the next day7
which is not a Saturday, Sunday, or other legal holiday. Except for a candidate or8
recognized political party filing for a slate of candidates for presidential elector, any9
person filing a list of watchers must attach a certified statement that the report10
required by R.S. 18:1486 has been filed with the supervisory committee in11
compliance with the Campaign Finance Disclosure Act. If any candidate submits a12
list for the primary or first party primary election and does not submit a list for the13
second party primary or the general election, the list submitted in the primary or first14
party primary election shall be treated as his list submitted for the second party15
primary election and the general election. If any candidate submits a list for the16
second party primary election and does not submit a list for the general election, the17
list submitted in the second party primary election shall be treated as his list18
submitted for the general election. A list of watchers shall contain only one watcher19
and one alternate watcher for each precinct where the candidate or person submitting20
the list is entitled to have a watcher. The list shall be typed or legibly written, and21
it shall contain the name and mailing address of each watcher and a designation of22
the precinct where he is to serve.23
* * *24
§436. Election officials at certain special elections25
A. When a special primary election to fill a vacancy or an anticipated26
vacancy in elective public office is called to be held at the same time as a previously27
scheduled general election, or if a previously scheduled election is delayed for any28
reason, the commissioners who were selected to serve at the previously scheduled29 HLS 10RS-1552 ORIGINAL
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primary or first party and second party primary and general election also shall be the1
commissioners for the special primary and general elections and any such delayed2
primary or general election, and the compensation for each shall be only that amount3
provided for in R.S. 18:426.1 for a day of service as a commissioner or4
commissioner-in-charge. Each candidate to be voted on in the special primary5
election or delayed primary election may appoint one watcher for each precinct in6
which that candidate is to be voted on. Notwithstanding the provisions of R.S.7
18:427(C) or of any other law to the contrary, the watchers so appointed shall be8
allowed to remain in the polling place at all times.9
B. When a special general election to fill a vacancy or an anticipated10
vacancy in elective public office is called to be held at the same time as a previously11
scheduled primary election, the commissioners who were selected to serve at the12
special primary election for which the special general election is to be held shall also13
be the commissioners for both the previously scheduled primary, and including any14
first party or second party primary and general elections. In such case the15
compensation for each shall be only that amount provided for in R.S. 18:426.1 for16
a day of service as a commissioner or commissioner-in-charge.17
* * *18
§453. Dual candidacy19
A. General prohibitions. A person shall not become a candidate in any a20
primary, first party or second party primary or general election for more than one21
office unless one of the offices is membership on a political party committee, nor22
shall a person be a candidate at the same time for two or more different offices to be23
filled at separate elections.24
B. Unexpired and succeeding term of office. A person may become a25
candidate in a primary or first or second party primary election or general election26
for the unexpired and the succeeding term of an office when both terms are to be27
filled at the same election.28
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§467. Opening of qualifying period1
The qualifying period for candidates in the first party primary or a primary2
election shall open:3
* * *4
(2) For candidates in a primary or congressional first party primary election5
and those in any special primary or first party primary election to be held at the same6
time, on the second third Wednesday in July August of the year of the election.7
* * *8
§468. Close of the qualifying period9
A. The qualifying period for candidates in a primary or first party primary10
election shall close at 5:00 p.m. on the Friday after the opening of the qualifying11
period for candidates in the primary or first party primary election or, if that Friday12
is a legal holiday, at 5:00 p.m. on the next day which is not a legal holiday.13
* * *14
§491. Standing to object to candidacy15
A. A registered voter may bring an action objecting to the candidacy of a16
person who qualified as a candidate in a primary or first party primary election for17
an office for which the plaintiff is qualified to vote.18
* * *19
C. In addition to the persons with standing to bring an action objecting to20
candidacy as provided in Subsections A and B of this Section:21
(1) The Supervisory Committee on Campaign Finance Disclosure shall bring22
or join in an action objecting to the candidacy of a person who qualified as a23
candidate in a primary or first party primary election for an office on the grounds24
provided in R.S. 18:492(A)(5).25
(2) The Board of Ethics shall bring or join in an action objecting to the26
candidacy of a person who qualified as a candidate in a primary or first party primary27
election for an office on the grounds provided in R.S. 18:492(A)(6).28
* * *29 HLS 10RS-1552 ORIGINAL
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§512. Election of candidates in a general election1
B. Election of unopposed candidates. If, as a result of the death or2
withdrawal of one or more candidates, the number of candidates for an office in a3
general election does not exceed the number of persons to be elected to the office,4
other than the office of United States senator or representative in congress, the5
remaining candidates are declared elected by the people, and their names shall not6
appear on the ballot in the general election.7
* * *8
§535. Notice of location of precincts and polling places9
* * *10
B. Before primary elections. The parish board of election supervisors shall11
publish the location of the polling places in the parish at least once before each12
primary or first party primary election. The publication shall be in the official13
journal of the parish during the third week before the primary or first party primary14
election.15
* * *16
§552. Election materials17
A. Materials furnished. At least twenty-two days before a primary or first18
party primary election and as soon as possible for a second party primary and a19
general election:20
* * *21
§1272. United States senators; representatives in Congress; time of electing22
A. All general elections for representatives in Congress shall be held on the23
first Tuesday next following the first Monday in November, 1982, and every two24
years thereafter. The first party and second party Congressional primary elections25
shall be held in accordance with the provisions of Chapter 5 of this Title.26
* * *27 HLS 10RS-1552 ORIGINAL
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§1275.2. Dates of congressional primary and general elections1
Congressional elections. Elections for members of Congress shall be held2
every two years as follows:3
(1) Congressional first party primary elections shall be held on the first4
Saturday in September October of an election year.5
(2) Congressional second party primary elections shall be held on the first6
Saturday in October of an election year.7
(3) Congressional general elections shall be held on the first Tuesday after8
the first Monday in November of an election year.9
§1275.3. Manner of qualifying for the first party primary election10
A. A person who desires to become a candidate in the first party a11
congressional primary election shall qualify as a candidate by timely filing notice of12
his candidacy, which shall be accompanied either by a nominating petition or by the13
qualifying fee and any additional fee imposed. No person, whether or not currently14
registered as a voter with the registrar of voters, shall qualify to become a candidate15
if he is under an order of imprisonment for conviction of a felony. A candidate16
whose notice of candidacy is accompanied by a nominating petition shall not be17
required to pay any qualifying fee or any additional fee.18
B. A person who desires to become a candidate in the first party a19
congressional primary election must be affiliated with a recognized political party.20
A person may qualify as a candidate only in the first party congressional primary21
election of the party with which he is affiliated as shown on his voter registration.22
* * *23
§1275.4. Officials with whom candidates qualify24
Candidates shall qualify for the first party a congressional primary election25
with the secretary of state or a person in his office designated to receive qualifying26
papers.27
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§1275.6. Nominating petitions1
* * *2
B. Signing. A person may only be nominated as a candidate in the first party3
a congressional primary election by persons within the same political party who are4
registered to vote on the office he seeks who sign a nominating petition for him no5
more than one hundred twenty days before the qualifying period opens for candidates6
in the first party congressional primary election. In addition to his signature, each7
voter who signs a nominating petition shall date his signature and shall provide the8
ward and precinct in which he is registered to vote, his residence address, including9
the municipal number, the apartment number, if any, the rural route and box number,10
or any other physical description that will identify his actual place of residence and11
his political party affiliation. Once a voter has signed a nominating petition, he may12
not withdraw the nomination. The secretary of state shall prepare forms which may13
be used by any person who seeks nomination as a candidate by nominating petition.14
The secretary of state shall furnish copies of the forms to each clerk of court, and the15
forms shall be available, upon request, at the office of the secretary of state or at the16
office of the clerk of court. Nothing in this Subsection shall be construed to require17
nominating petitions to be filed only on forms prepared by the secretary of state.18
* * *19
D. Form. Each sheet of the nominating petition shall set forth the candidate's20
name, the address of his domicile, the office for which the signers nominate him, the21
political party with which he is affiliated, and the date of the first party congressional22
primary election for which he seeks to qualify. The name of each voter who signed23
the nominating petition shall be typed or legibly written on the petition, and each24
signature on the nominating petition shall be dated and witnessed by the candidate25
or the person who obtained the signature on his behalf. The candidate and all26
persons who obtained signatures on his behalf shall certify on the nominating27
petition that to the best of their knowledge, information, and belief all of the28 HLS 10RS-1552 ORIGINAL
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signatures on the nominating petition are genuine and all of the statements contained1
in the nominating petition are true and correct.2
E. Certification. (1) A nominating petition shall be submitted to the3
registrars of voters in the parishes where the signers reside not less than thirty days4
before the qualifying period ends for candidates in the first congressional primary5
election, except that in a special election the nominating petition shall be submitted6
by the candidate to the registrars of voters in the parishes where the signers reside7
prior to the opening of the qualifying period.8
* * *9
§1275.7. Time for qualifying in a first party primary election10
A notice of candidacy, accompanied either by the qualifying fee or by a11
nominating petition, is filed timely only if received by the secretary of state during12
the qualifying period for candidates in the first party congressional primary election.13
§1275.8. Opening of qualifying period14
The qualifying period shall open for candidates in the first party a15
congressional primary election shall open for candidates in a congressional first party16
primary election and those in any special first party congressional primary election17
to be held at the same time, on the second third Wednesday in July August of the18
year of the election.19
§1275.9. Opening of qualifying period in event of change of date for the first party20
primary election21
In the event that the date for the first party congressional primary election is22
advanced in accordance with R.S. 18:402(G), the qualifying period for candidates23
in the primary and first party congressional primary election shall be advanced from24
the date specified in R.S. 18:1275.8 the same number of weeks as the first party25
congressional primary election.26
§1275.10. Close of the qualifying period27
The qualifying period for candidates in a first party congressional primary28
election shall close at 5:00 p.m. on the Friday after the opening of the qualifying29 HLS 10RS-1552 ORIGINAL
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period for candidates in the first party congressional primary election or, if that1
Friday is a legal holiday, at 5:00 p.m. on the next day which is not a legal holiday.2
§1275.11. Reopening of qualifying period; effect3
A. When a person who qualified as a candidate in a first party congressional4
primary election for the office of senator or representative in congress dies after the5
close of the qualifying period and before the time for closing the polls on the day of6
the first party congressional primary election, the qualifying period for candidates7
in the first party congressional primary election for that office shall reopen for the8
party from which the candidate died on the day after the death and shall close at 5:009
p.m. on the third day after the death or, if that day is a legal holiday, at 5:00 p.m. on10
the next day which is not a legal holiday. The name of the deceased candidate shall11
not be printed on the first party congressional primary election ballot. If the first12
party congressional primary election ballot was printed with the deceased candidate's13
name on it, any votes received by the deceased candidate shall be void and shall not14
be counted for any purpose whatsoever.15
* * *16
D. Effect on primary election. (1) If the qualifying period for candidates17
reopens for any recognized political party within thirty days before a first party18
congressional primary election, all the votes cast in the first party congressional19
primary election for that public office are void, unless the qualifying period for the20
office reopened and closed without additional candidates qualifying for the office.21
If additional candidates qualify for the office and the votes for the first party22
congressional primary will be void for that reason, the secretary of state shall23
immediately publish in the official journal of the state a notice to the electorate that24
the election for that office has been voided because new candidates qualified. Such25
notice shall include the dates for the rescheduled first party congressional primary,26
second party primary, and general elections.27
(2) If all the votes cast in a first party congressional primary election for a28
public office are void because of the death of a candidate, the first party29 HLS 10RS-1552 ORIGINAL
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congressional primary election for the office shall be held on the date of the second1
party primary election, the second party primary election for the office shall be held2
on the date of the general election, and the general election for the office, if3
necessary, shall be held on the fifth Saturday after the second party congressional4
primary election.5
* * *6
§1275.15. Candidates who qualify for a general election7
All nominations by recognized political parties for the general election shall8
be in accordance with the provisions relative to primary elections. If a The candidate9
from a recognized political party who receives a majority of the most votes cast in10
the first party congressional primary, he shall be the party nominee and qualify for11
the general election. If there is only one candidate remaining after the death or12
withdrawal of a candidate after the first party primary, the remaining candidate from13
the recognized political party shall be the party nominee and qualify for the general14
election. A nominee selected in accordance with R.S. 18:1275.14(B) or (C) shall15
qualify for the general election. If no candidate from a recognized political party16
receives a majority in the first party primary, the candidate from the recognized17
political party who receives the highest number of votes in the second party primary18
shall be the party nominee and qualify for the general election. In the case of a tie19
vote in the congressional primary, the party's nominee for the general election shall20
be selected by a public drawing of lots conducted by the secretary of state.21
* * *22
§1275.17. Candidates not affiliated with a recognized political party; qualifying for23
the general election24
A. Any person desiring to become a candidate in a general election who is25
not registered as being affiliated with a recognized political party shall file his notice26
of candidacy which shall be accompanied by either a ballot access petition or by the27
qualifying fee required for state candidates as provided in R.S. 18:464. The number28
of signatures required on a ballot access petition shall be the same as the number29 HLS 10RS-1552 ORIGINAL
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required for candidates seeking the same office in the first party congressional1
primary election as set forth in this Part.2
* * *3
D. The time of qualifying and the official with whom a candidate qualifies4
shall be in accordance with all of the provisions of this Chapter relative to qualifying5
for a first party congressional primary election.6
§1275.18. Time for objecting to candidacy7
An action objecting to candidacy, including the candidacy of a person who8
qualified as provided in R.S. 18:1275.3 and 1275.17, shall be commenced in a court9
of competent jurisdiction within seven days after the close of qualifications for10
candidates in a first party congressional primary election. The grounds for objecting11
to the candidacy shall be as provided in R.S. 18:492. After the expiration of the time12
period set forth in this Section, no action shall be commenced objecting to candidacy13
based on the grounds for objections to candidacy contained in R.S. 18:492. All other14
matters regarding objecting to candidacy shall be as provided by law in this Code.15
§1275.19. Nomination of candidates in a party primary election; general election;16
unopposed candidate17
A. If, after the close of the qualifying period for candidates in a first party18
congressional primary election, only one candidate qualifies for nomination by a19
recognized political party for an office or only one candidate for nomination by a20
recognized political party for an office remains after the withdrawal of one or more21
candidates, such candidate shall be declared the nominee of the party, and his name22
shall not appear on the ballot in the second party primary election but shall be on the23
ballot for the general election. If the first or second party congressional primary24
election ballot was printed with the name of a candidate who withdrew on it, any25
votes received by a the candidate who withdrew shall be void and shall not be26
counted for any purpose whatsoever.27
B. If, after the close of the qualifying period for candidates for the public28
office of United States senator or representative in congress and, if applicable, after29 HLS 10RS-1552 ORIGINAL
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the expiration of the time period for a recognized political party to select a nominee1
pursuant to R.S. 18:1275.14(B) only one candidate qualifies for the first party2
congressional primary election or general election or only one candidate remains3
after the withdrawal of one or more candidates, such candidate shall be declared4
elected by the people at the close of the polls on the day of the general election, and5
his name shall not appear on the ballot in a first party the congressional primary or6
second party primary, if applicable, and such candidate's name shall not appear or7
on the general election ballot.8
* * *9
§1275.21. Ballots10
A. Preparation. The secretary of state shall prepare and certify the absentee11
ballots and the ballots to be used on the voting machines in the first and second party12
congressional primary and general elections.13
* * *14
C. Names and numbers of candidates. The names of the candidates in any15
primary or general election shall be printed on the ballot as follows:16
(1) In any first party a congressional primary election only the names of17
candidates who qualified for election and were not subsequently disqualified by a18
judgment rendered in an action objecting to candidacy or who were not unopposed19
shall be printed on the ballot. The name of each candidate shall be printed on the20
ballot in the form designated by the candidate in his notice of candidacy on file with21
the secretary of state. The parties shall be arranged alphabetically, and under such22
party affiliation, the names of the candidates for each office shall be listed23
alphabetically by surname within each party and printed below the title of the office24
and below the respective party designation, in smaller capital letters. The names of25
the candidates shall be numbered from first to last. Once the secretary of state has26
assigned numbers to the candidates on the first party primary election ballot, the27
numbers shall not be changed. If the qualifying period reopens because of the death28
of a candidate, additional candidates who qualify for the primary election shall be29 HLS 10RS-1552 ORIGINAL
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given the numbers following the number assigned to the last candidate on the ballot.1
If two or more candidates have the same surname, the word "Incumbent" shall be2
printed after the name of each candidate having the same surname who is an3
incumbent and the residence address shall be printed after the name of each4
candidate having the same surname who is not an incumbent. The form of the ballot5
shall be the same for the second party primary election, but only the names of the6
candidates who qualified for such election shall be printed on the ballot.7
(2) In a general election only the names of the candidates who qualified for8
election and who were not subsequently disqualified by a judgment rendered in an9
action objecting to candidacy shall be printed on the ballot, and the names shall be10
printed in the same form as they were printed on the ballot for the first party primary11
election. The names of candidates who qualified pursuant to R.S. 18:1275.17 shall12
be as they appear on the notice of candidacy. The names of the candidates for each13
office shall be arranged alphabetically by surname, and shall be listed below the title14
of the office, in smaller capital letters. The political party designation of a candidate15
shall be listed on the ballot as provided in R.S. 18:551(D). The names of the16
candidates shall be given the same number assigned to them on the first party17
primary election ballot. Additional candidates who qualify who were not on the first18
party primary election ballot shall be given the numbers following the number19
assigned to the last candidate on the ballot for the first party primary election.20
§1275.22. Prerequisites to voting21
The provisions of R.S. 18:562 shall be applicable to all congressional first22
and second party primary elections and congressional general elections.23
Additionally, any person who desires to vote in any first or second party24
congressional primary election shall also give his party affiliation, if any, to a25
commissioner, who shall announce the applicant's name, address, and party26
affiliation, if any, to the persons at the polling place.27 HLS 10RS-1552 ORIGINAL
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§1275.23. Compilation and promulgation of returns1
On or before the twelfth day after the first or second party congressional2
primary election or general election, as the case may be, the secretary of state shall3
promulgate the returns for candidates by publishing in the official journal of the state4
the names of the candidates for each office in the election, and the number of votes5
received by each such candidate, shown by the returns transmitted by the clerks of6
court from the compiled statements by the parish boards of election supervisors. In7
a parish containing a municipality with a population of four hundred seventy-five8
thousand or more the promulgation shall be from the returns transmitted by the9
parish board of election supervisors.10
* * *11
§1278. Vacancies; United States senator12
* * *13
B. If a vacancy occurs in the office of United States senator and the14
unexpired term is more than one year, an appointment to fill the vacancy shall be15
temporary. Any senator so appointed shall serve until his successor is elected at a16
special election and takes office. Within ten days after receiving official notice of17
the vacancy, the governor shall issue his proclamation for special election to fill the18
vacancy for the unexpired term. The date of the special election shall be established19
by the governor in accordance with the provisions of R.S. 18:402(E). The special20
first primary election shall be held four weeks prior to the dates for special primary21
elections as provided in R.S. 18:402(E)(1) or (E)(2), the special second primary22
election shall be held on the dates as provided for special primary elections in R.S.23
18:402(E)(1) or (E)(2), and the special general election shall be held on the dates as24
provided in R.S. 18:402(E)(3). The dates of the qualifying period shall be25
established by the governor in accordance with this Part R.S. 18:467, 467.1, and26
468. Immediately after issuance of the proclamation, which shall include the dates27
of the first and second party primary and general elections and the dates of the28
qualifying period, the governor shall publish the proclamation in the official journal29 HLS 10RS-1552 ORIGINAL
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of each parish in which the election is to be held. Within twenty-four hours after its1
issuance, the governor shall send a copy of the proclamation to the secretary of state.2
Within twenty-four hours after he receives the copy, the secretary of state shall3
notify all election officials having any duty to perform in connection with a special4
election to fill such vacancy, including the parish boards of election supervisors for5
the parish or parishes in which the vacancy occurred. The election shall be6
conducted and the returns shall be certified as in regular elections for United States7
senator.8
* * *9
§1279. Vacancies; representatives in congress10
When a vacancy occurs in the office of representative in congress, the11
governor shall determine the dates on which the special elections shall be held and12
the dates of the qualifying period and shall issue his proclamation ordering a special13
election and specifying the dates on which the first and second party primary and14
general elections will be held and the dates of the qualifying period for the election.15
Immediately thereafter he shall publish the proclamation in the official journal of16
each parish in which the election is to be held. Within twenty-four hours after17
issuing the proclamation, the governor shall send a copy of the proclamation to the18
secretary of state, who shall within twenty-four hours of receipt of the information19
notify all election officials having any duty to perform in connection with a special20
election to fill such vacancy, including the parish boards of election supervisors for21
the parish or parishes in which the vacancy occurred. The election shall be22
conducted in the same manner and at the same places and the returns shall be23
certified as in regular congressional elections. If at a first or second party primary24
or general election in a congressional district one representative in congress is to be25
elected for a full term and another to fill a vacancy, the ballots containing the names26
of the candidates shall, as a part of the title of the office, designate the term for which27
the candidates are respectively nominated.28
* * *29 HLS 10RS-1552 ORIGINAL
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§1285. Notice of election1
* * *2
B.(1)(a) Written notice of the election and the certificate required by3
Subparagraph (1)(b) (b) of this Subsection Paragraph shall be transmitted to the4
secretary of state and each clerk of court and registrar of voters in the area affected5
by the election. If the election is to be held on a primary or second party primary6
election date, then such notice and certificate shall be received by the secretary of7
state on or before the seventy-first day prior to the primary or second party primary8
election. If the election is not to be held on a primary or second party primary9
election date, then the notice and certificate shall be received by the secretary of state10
on or before the forty-sixth day prior to the election. The secretary of state shall not11
accept any revisions to propositions, including but not limited to changes in title,12
text, or numerical designations, after the last day for submission of the notice and13
certificate to the secretary of state.14
* * *15
§1300. Procedures; notice of election; expenses16
* * *17
C.(1) When an election is called under the provisions of this Chapter, written18
notice of the election shall be transmitted to the secretary of state, the commissioner19
of elections, and each clerk of court and registrar of voters in the area affected by the20
election. If the election is to be held on a primary or second party primary election21
date, then such notice shall be received by the secretary of state on or before the22
seventy-first day prior to the primary or second party primary election. If the23
election is not to be held on a primary or second party primary election date, then24
such notice shall be received by the secretary of state on or before the forty-sixth day25
prior to the election.26
* * *27 HLS 10RS-1552 ORIGINAL
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§1300.7. Governor to order election; proclamation; publication1
A. If the required number of qualified electors of the voting area sign the2
petition for recall, the governor shall issue a proclamation ordering an election to be3
held for the purpose of voting on the question of the recall of the officer. The total4
number of registered voters in the voting area and the total number of registered5
voters in the voting area signing the petition shall be calculated from the totals on the6
certificates of all of the registrars of voters received by the governor. The governor7
shall issue such proclamation within fifteen days after he receives the certified8
petitions from all of the registrars of voters in the voting area who have received9
petitions for certification. The proclamation shall order the election to be held on the10
next available date specified in R.S. 18:402(F). If the election is to be held on a11
primary or second party primary election date, the proclamation shall be issued on12
or before the last day for candidates to qualify in the election. If the election is not13
to be held on a primary or second party primary election date, then the proclamation14
shall be issued on or before the forty-sixth day prior to the election.15
* * *16
§1306. Preparation and distribution of absentee by mail and early voting ballots17
A.18
* * *19
(4) The secretary of state shall prepare a special absentee ballot for20
candidates and constitutional amendments to be voted on in second party primary or21
general elections, subject to approval as to content by the attorney general. This22
special ballot shall only be for use by a qualified voter who is either a member of the23
United States Service or who resides outside of the United States. Such special24
ballot shall contain a list of the titles of all offices being contested at the primary or25
first party primary election and the candidates qualifying for the primary or first26
party primary election for each office, and shall permit the elector to vote in the27
second party primary or general election by indicating his order of preference for28
each candidate for each office. On the special ballot shall also be printed each29 HLS 10RS-1552 ORIGINAL
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constitutional amendment to be voted on in the second party primary or general1
election. To indicate his order of preference for each candidate for each office to be2
voted on in the election, the voter shall put the number one next to the name of the3
candidate who is the voter's first choice, the number two for his second choice and4
so forth so that, in consecutive numerical order, a number indicating the voter's5
preference is written by the voter next to each candidate's name on the ballot. A6
space shall be provided for the voter to indicate his preference for or against each7
constitutional amendment contained on the ballot. The voter shall not be required8
to indicate his preference for more than one candidate on the ballot if the voter so9
chooses. The secretary of state shall also prepare instructions for use of the special10
ballot.11
* * *12
C.13
* * *14
(2) At least twenty days before each primary or first party primary election15
the secretary of state shall deliver to the registrar in each parish in which the election16
is to be held the special absentee ballot for qualified voters who are either members17
of the United States Service or persons residing outside of the United States. The18
number of special ballots and other necessary paraphernalia, including instructions19
for the use of the special ballot, to be so delivered shall be up to one percent of the20
registered voters within each parish.21
* * *22
§1307. Application by mail23
A. A person qualified to vote absentee by mail under this Chapter may make24
application therefor to the registrar by letter; over his signature; or mark if the voter25
is unable to sign his name, signed by two witnesses who witnessed the applicant's26
mark; setting forth:27
* * *28 HLS 10RS-1552 ORIGINAL
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(8) If the person requests that a ballot for a general election or the second1
party primary election, or both, be sent in addition to a ballot for the primary or first2
party primary, he shall declare in writing to the registrar that he will be eligible to3
vote absentee by mail in the general election or the second party primary, or both,4
as the case may be.5
* * *6
E. A person entitled to vote absentee by mail may request in his application7
for an absentee ballot for a primary or first party primary election that an absentee8
ballot for the succeeding general election or the second party primary election, or9
both, be sent to him when such ballots become available for distribution; However10
however, in such case, the applicant shall declare in writing to the registrar that he11
will be eligible to vote absentee by mail in the general election or the second party12
primary election, or both, as the case may be.13
* * *14
§1308. Absentee voting by mail15
A.16
* * *17
(2)(a) With respect to persons on active duty in the United States military18
service or outside the continental boundaries of the United States, these materials19
shall be mailed as provided by the Uniformed and Overseas Citizens Absentee20
Voting Act (39 USC U.S.C. 3406 and 42 USC U.S.C. 1973ff et seq.) and shall21
include both the primary or first party primary election ballot and the special ballots22
ballot for the general election or the second party primary election and the general23
election. The envelope mailed to the voter shall contain six four envelopes, three24
two of which shall be the ballot envelopes and three two of which shall be return25
envelopes. Each return envelope shall bear the official title and mailing address of26
the registrar, whether it contains a primary, first party primary, second party primary27
or general election ballot, and the name, return address, and precinct or district28
number of the voter. The voter shall return his voted primary or first party primary29 HLS 10RS-1552 ORIGINAL
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election ballot and special ballots ballot for the general election or the second party1
primary and the general election to the registrar in the appropriate envelopes. The2
registrar of voters shall not mail a regular general election or the second party3
primary and general election absentee ballot to a member of the United States4
Service or to persons residing overseas if the registrar has mailed a the special ballot,5
as provided herein, to such voter. The envelopes envelope for the special ballots6
ballot shall contain language on the outside of the envelope which will clearly7
designate which envelope is to be used for return of the second primary election8
ballot and which envelope is to be used for return of the general election ballot.9
* * *10
§1314. Absentee by mail and early voting commissioners11
* * *12
B. Selection for a primary or first party primary election. (1) The parish13
board of election supervisors shall determine the number of absentee by mail and14
early voting commissioners necessary to count the absentee by mail and early voting15
ballots in the parish. The parish board of election supervisors shall select a minimum16
of three such commissioners.17
(2) The parish board of election supervisors shall meet at 10:00 a.m. on the18
fifth day before a primary or first party primary election and shall select the absentee19
by mail and early voting commissioners and alternate absentee by mail and early20
voting commissioners for the parish in the manner provided by law for the selection21
of commissioners and alternate commissioners. If there are not enough certified22
commissioners to select the appropriate number of absentee by mail and early voting23
commissioners and alternate absentee by mail and early voting commissioners, the24
board of election supervisors may select a qualified elector of the parish to serve;25
however, no such elector shall serve as an absentee by mail and early voting26
commissioner if a certified commissioner has been selected as an alternate absentee27
by mail and early voting commissioner.28 HLS 10RS-1552 ORIGINAL
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(3) Absentee by mail and early voting commissioners and alternate absentee1
by mail and early voting commissioners shall be issued commissions, take the oath2
of office, be replaced, and be disqualified, all in the manner provided by law for3
commissioners and alternate commissioners.4
C. Selection for second party primary or general election. (1)(a) The parish5
board of election supervisors shall determine if the number of absentee by mail and6
early voting commissioners necessary to count the absentee by mail and early voting7
ballots in the second party primary or general election can be reduced or should be8
increased from the number which counted absentee by mail and early voting ballots9
in the previous primary election.10
(b) If it determines that the number cannot be reduced or should be11
increased, those persons who served as absentee by mail and early voting12
commissioners and alternate absentee by mail and early voting commissioners for13
the parish in the primary or first party primary election shall serve in the second14
party primary and general election, unless replaced or disqualified in the manner15
provided by law for commissioners and alternate commissioners. The number of16
absentee by mail and early voting commissioners for a second party primary and17
general election shall not be less than three.18
(2)(a) If the parish board determines that the number of absentee by mail and19
early voting commissioners can be reduced, it shall notify each person who served20
as an absentee by mail and early voting commissioner or alternate absentee by mail21
and early voting commissioner in the primary or first party primary election of its22
decision to reduce the number of absentee by mail and early voting commissioners23
and of the date and time of the meeting to select the absentee by mail and early24
voting commissioners for the second party primary or general election. The parish25
board shall meet at 10:00 a.m. on the fifth day before a second party primary and a26
general election and shall select the absentee by mail and early voting commissioners27
or and alternate absentee by mail and early voting commissioners to serve in such28
elections the general election for the parish.29 HLS 10RS-1552 ORIGINAL
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(b)(i) The parish board shall prepare a list containing the names of all1
persons who served as absentee by mail and early voting commissioners in the2
primary or first party primary election. The absentee by mail and early voting3
commissioners and alternate absentee by mail and early voting commissioners for4
the second party primary election and for the general election shall be selected from5
that list in the manner provided by law for the selection of commissioners or and6
alternate commissioners. The absentee by mail and early voting commissioners so7
chosen shall then serve as needed for the second party primary election and the8
general election.9
(ii) If the list does not contain sufficient names to select the number of10
absentee by mail and early voting commissioners or and alternate absentee by mail11
and early voting commissioners determined by the board to be needed for the second12
party primary election and the general election, the board shall fill any remaining13
alternate commissioner positions from a list of those persons who were selected as14
alternate absentee by mail and early voting commissioners for the primary or first15
party primary election, such list to be prepared and the selection made in the same16
manner provided herein for selection of absentee by mail and early voting17
commissioners for the second party primary election and the general election.18
(3) If the parish board determines that the number of absentee by mail and19
early voting commissioners should be increased, the parish board shall meet at 10:0020
a.m. on the fifth day before a the second party primary election and the general21
election and shall select the additional absentee by mail and early voting22
commissioners and alternate absentee by mail and early voting commissioners to23
serve in the second party primary election and the general election for that parish24
from the list of certified commissioners who have not been chosen to serve in the25
second party primary and the general election as a commissioner-in-charge,26
commissioner, or, if applicable, absentee by mail and early voting commissioner in27
the manner provided by law for the selection of commissioners and alternate28
commissioners. If there are not enough certified commissioners to select the29 HLS 10RS-1552 ORIGINAL
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appropriate number of absentee by mail and early voting commissioners and1
alternate absentee by mail and early voting commissioners, the board of election2
supervisors may select a qualified elector of the parish to serve; however, no such3
elector shall serve as an absentee by mail and early voting commissioner if a4
certified commissioner has been selected as an alternate absentee by mail and early5
voting commissioner.6
* * *7
§1355. Construction and equipment of machines; requirements8
Each voting machine used in an election shall be so constructed and equipped9
as to:10
* * *11
(6) When used in a first or second congressional primary or a primary12
election at which members of a political party committee are to be voted on, allow13
election officials to lock out all candidate counters except those of the party with14
which the voter is affiliated or those of the party for which a voter unaffiliated with15
a recognized political party may vote in accordance with law.16
* * *17
§1401. Objections to candidacy and contests of elections; parties authorized to18
institute actions19
* * *20
B. A candidate who alleges that, except for substantial irregularities or error,21
or except for fraud or other unlawful activities in the conduct of the election, he22
would have qualified for a second party primary election or for a general election or23
would have been elected may bring an action contesting the election.24
* * *25 HLS 10RS-1552 ORIGINAL
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§1402. Proper parties1
* * *2
B.(1) The following persons are the proper parties against whom election3
contests shall be instituted:4
* * *5
(c) The person or persons whose eligibility to be a candidate in a second6
party primary election or in a general election or whose election to office is7
contested.8
* * *9
§1405. Time for commencement of action10
A. An action objecting to candidacy shall be instituted not later than 4:3011
p.m. of the seventh day after the close of qualifications for candidates in the primary12
or first party primary election. After the expiration of the time period set forth in this13
Section, no further action shall be commenced objecting to candidacy based on the14
grounds for objections to candidacy contained in R.S. 18:492.15
* * *16
§1406. Petition; answer; notification17
* * *18
B. The petition shall set forth in specific detail the facts upon which the19
objection or contest is based. If the action contests an election, the petition shall20
allege that except for substantial irregularities or error, fraud, or other unlawful21
activities in the conduct of the election, the petitioner would have qualified for a22
second party primary election or for a general election or would have been elected.23
The trial judge may allow the filing of amended pleadings for good cause shown and24
in the interest of justice.25
* * *26
§1407. Appointment of agent for service of process27
By filing notice of candidacy a candidate appoints the clerk of court for each28
parish in which he is to be voted on as his agent for service of process in any action29 HLS 10RS-1552 ORIGINAL
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objecting to his candidacy, contesting his qualification as a candidate in a second1
party primary election or in a general election, or contesting his election to office.2
* * *3
§1409. Trial; decision; appeal4
* * *5
B.(1) If the action involves the contest of a primary or first party primary6
election for a major office, the trial judge, for good cause shown, may postpone the7
date of the second party primary election or the general election for the office as to8
which the contest was filed for a period not to exceed five weeks. If the action9
involves the contest of a second party primary for a major office, the trial judge may,10
for good cause shown, so postpone the general election.11
(2) Whenever the trial of an action contesting a primary or first or second12
party primary election for a major office, extends past 5:00 p.m. on the fourteenth13
day after the day of the election, the trial judge shall order the second party primary14
election and the general election, or the general election, as the case may be, for the15
affected office postponed to a Saturday specified by him which , for a second party16
primary election is at least thirty days after the date on which the trial court renders17
judgment and which for a general election is at least thirty days after the second18
party primary election.19
* * *20
§1432. Remedies21
A. If the trial judge in an action contesting an election determines that: (1)22
it is impossible to determine the result of election, or (2) the number of qualified23
voters who were denied the right to vote by the election officials was sufficient to24
change the result in the election, if they had been allowed to vote, or (3) the number25
of unqualified voters who were allowed to vote by the election officials was26
sufficient to change the result of the election if they had not been allowed to vote, or27
(4) a combination of the factors referred to in (2) and (3) in this Subsection would28
have been sufficient to change the result had they not occurred, the judge may render29 HLS 10RS-1552 ORIGINAL
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a final judgment declaring the election void and ordering a new primary or first and1
second party primary or second party primary or general election for all the2
candidates, or, if the judge determines that the appropriate remedy is the calling of3
a restricted election, the judge may render a final judgment ordering a restricted4
election, specifying the date of the election, the appropriate candidates for the5
election, the office or other position for which the election shall be held, and6
indicating which voters will be eligible to vote.7
* * *8
§1461. Election offenses; penalties9
A. No person shall knowingly, willfully, or intentionally:10
* * *11
(17) Give or offer to give, directly or indirectly, any money or thing of12
present or prospective value to any person who has withdrawn or who was13
eliminated prior or subsequent to the primary or first or second primary election as14
a candidate for public office, for the purpose of securing or giving his political15
support to any remaining candidates or to candidates for public office in the primary16
or first or second primary or general election.17
* * *18
Section 2. R.S. 18:1275.13 and 1275.14 are hereby repealed in their entirety.19
Section 3. This Act shall become effective January 1, 2011.20
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Henry HB No. 1157
Abstract: Relative to congressional elections, repeals the second party primary, and
provides for the nomination of candidates for general elections for congressional
offices in a single congressional primary election.
Present law provides for a closed primary system for the election of members of congress,
which includes first party primary, second party primary, and general elections.
Present law provides that all recognized political parties shall make nominations of all
congressional candidates by direct party primary elections. Provides that in such party HLS 10RS-1552 ORIGINAL
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primary elections, all qualified voters of the state may vote on the candidates for public
office who are affiliated with the same political party with which the voter is affiliated;
however, present law allows voters unaffiliated with a recognized political party to vote in
a party primary election of a party which chooses to allow such voters to vote by party rules
and regulations, but permits such a voter to cast a vote in only one such primary related to
each election.
Present law provides that a candidate in a congressional first primary election must be
affiliated with a recognized political party and may qualify as a candidate only in the party
primary of the party with which he is affiliated as shown in his voter registration.
Proposed law retains present law.
Present law provides that if after the close of qualifying, the number of persons to be
nominated by a recognized political party for a congressional office does not exceed the
number of persons to be nominated by that party, those persons are declared nominated and
their names shall appear on the general election ballot, but not on the ballot in the second
primary.
Present law provides that a majority vote is required in the congressional first party primary
election for a candidate to be nominated by his party as a congressional candidate in the
general election to the office he seeks. Further provides that absent such majority vote the
two candidates from the same party receiving the highest number of votes in the first party
primary shall be voted on in the second party primary.
Present law provides relative to tie votes in the first party primary and death, withdrawal,
and disqualification of a candidate. Provides further that there shall be no third party
primary and further that the state central committee shall provide for the selection of a
nominee of their party in any situation not specifically provided for by statute.
Present law provides that the congressional candidate from each political party who received
the highest number of votes in the second party primary shall qualify for the general election
as well as any candidate who received a majority in the first party primary. Provides that
the number of candidates that may qualify for the general election by party nomination is
one candidate from each recognized political party.
Proposed law repeals provisions providing for two party primaries. Provides that the
nominees of recognized political parties are selected at one congressional primary. Provides
that the person who receives the most votes in the congressional primary qualifies for the
general election. Provides that in the case of a tie vote in the congressional primary, the
nominee shall be selected by a public drawing of lots conducted by the secretary of state.
Present law provides that a person who is not affiliated with a recognized political party may
become a candidate in a general election by filing his notice of candidacy, which shall be
accompanied by either the qualifying fee or a ballot access petition with the same number
of signatures required for candidates in the first party primary, in the same manner and
during the same time period as is provided for candidates in the first party primary who are
affiliated with a recognized political party.
Proposed law removes provisions referencing the first party primary. Otherwise retains
present law.
Present law provides that all qualified voters may vote on candidates for public office in
general elections without regard to the voter's party affiliation or lack thereof, and all
candidates for public office who qualify for a general election may be voted on without
regard to the candidate's party affiliation or lack thereof. Present law specifies that in a
general election, the candidate with the most votes is elected whether or not he receives a
majority of the total votes cast. HLS 10RS-1552 ORIGINAL
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Proposed law retains present law.
Present law provides that congressional first party primary elections be held on the first
Saturday in Sept. and congressional second party primary elections and primary elections
for officers elected at the same time as members of congress on the first Saturday in Oct. in
even-numbered years. Present law provides that the general election date for members of
congress and officers elected at the same time as members of congress is the first Tuesday
after the first Monday in Nov.
Proposed law repeals the first party primary election dates. Otherwise retains present law.
Proposed law deletes all provisions relative to a two-primary system for nominating
congressional candidates, and deletes from present law all references and provisions
applicable to such system contained in present law, including references to first party
primary and second party primary.
Effective Jan. 1, 2011.
(Amends R.S. 18:44(A) and (B)(5)(b), 110(B), 193(F), 197, 402(B), (C)(intro. para.),
(E)(3)(e)(ii), and (G), 433(G)(1) and (H)(1)(intro. para.), 434(A)(1), (C)(intro. para.), and
(D)(1) and (2), 435(A)(1) and (B), 436, 453(A) and (B), 467(intro. para.) and (2), 468(A),
491(A) and (C), 512(B), 535(B), 552(A)(intro. para.), 1272(A), 1275.2, 1275.3(A) and (B),
1275.4, 1275.6(B), (D), and (E)(1), 1275.7, 1275.8, 1275.9, 1275.10, 1275.11(A) and (D),
1275.15, 1275.17(A) and (D), 1275.18, 1275.19, 1275.21(A) and (C), 1275.22, 1275.23,
1278(B), 1279, 1285(B)(1)(a), 1300(C)(1), 1300.7(A), 1306(A)(4) and (C)(2), 1307(A)(8)
and (E), 1308(A)(2)(a), 1314(B) and (C), 1355(6), 1401(B), 1402(B)(1)(c), 1405(A),
1406(B), 1407, 1409(B)(1) and (2), 1432(A), and 1461(A)(17); Repeals R.S. 18:1275.13 and
1275.14)