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Regular Session, 2010
HOUSE BILL NO. 1162
BY REPRESENTATIVE RICHARD
ELECTIONS/RECALL: Provides for procedures relative to recall elections
AN ACT1
To amend and reenact R.S. 18:1300.2(C)(3), 1300.3(C), 1402(C), 1403, 1405(F), 1406(A)2
and (D), 1409(A)(1), 1410, and 1411, and to enact R.S. 18:1401(E) and 1404(D),3
relative to procedures for recall elections; to require certain notifications; to provide4
for actions contesting the certification of a recall petition; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 18:1300.2(C)(3), 1300.3(C), 1402(C), 1403, 1405(F), 1406(A) and8
(D), 1409(A)(1), 1410, and 1411 are hereby amended and reenacted and R.S. 18:1401(E)9
and 1404(D) are hereby enacted to read as follows: 10
§1300.2. Petition for recall election; campaign finance disclosure11
* * *12
C.13
* * *14
(3)(a) The chairman shall file notice with the registrar on the third day before15
the petition is submitted to the registrar that he will submit the petition and the date16
of such submission, unless such submission is made within three days prior to the17
expiration of the period for submitting such petition. Such notice of submission shall18
be a public record. If the notice filed with the registrar on the third day before the19
petition is submitted includes a date for submitting the signed and dated petition20
which falls on a Saturday, Sunday, or other legal holiday, the registrar shall so21 HLS 10RS-1749 ORIGINAL
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inform the chairman and advise the chairman of the next day which is not a Saturday,1
Sunday, or other legal holiday and on which the petition is to be submitted.2
(b) The chairman shall provide written notice to the public officer whose3
recall is sought on the third day before the petition is submitted to the registrar. 4
* * *5
§1300.3. Certification of registrar of voters; addition or withdrawal of signatures;6
form of names7
* * *8
C.(1) When there is no registrar of voters, or deputy registrar of voters in any9
parish, or in case of the absence or inability of that officer, the clerk of the district10
court of the parish shall execute the certificate.11
(2) Immediately after the recall petition is certified a copy of the petition12
shall be made and the original recall petition shall be sent to the governor by the13
officer executing the certificate. Such copy shall be retained in the office of the14
registrar of voters in each parish affected by the petition and shall be a public record.15
(3) On the date the recall petition is sent to the governor, the registrar of16
voters or person who executes the certificate as provided in Paragraph (1) of this17
Subsection, shall provide written notice of the certification to the public officer18
whose recall is sought.19
* * *20
§1401. Objections to candidacy, and contests of elections, contests of certification21
of recall petition; parties authorized to institute actions22
* * *23
E.(1) A public officer whose recall is sought may bring an action contesting24
the certification of the recall petition certified as provided in R.S. 18:3 and Chapter25
6-C of this Title.26
(2) The chairman or vice chairman listed on the recall petition may bring an27
action contesting the certification of the recall petition certified as provided in R.S.28
18:3 and Chapter 6-C of this Title.29 HLS 10RS-1749 ORIGINAL
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§1402. Proper parties1
* * *2
C. The secretary of state, in his official capacity, shall be made a party3
defendant to any action contesting an election for public office. The secretary of4
state, in his official capacity, shall be made defendant to any action objecting to the5
calling of a special election. The secretary of state, in his official capacity, shall be6
made a party defendant to any action contesting the certification of a recall petition.7
When named as a defendant, in an action contesting an election, costs of court shall8
not be assessed against the secretary of state. When named as a defendant, in an9
action contesting the certification of a recall petition, costs of court shall not be10
assessed against the secretary of state.11
§1403. Jurisdiction12
The district courts shall have exclusive original jurisdiction of actions13
objecting to candidacy, objecting to the calling of a special election, contesting the14
certification of a recall petition, and contesting elections. In a judicial district15
wherein there is a criminal and a civil district court, the civil district court shall have16
exclusive original jurisdiction.17
§1404. Venue18
* * *19
D. An action contesting the certification of a recall petition shall be instituted20
in the district court for a parish included in whole or in part in the voting area21
wherein the recall election is sought. However if the public officer sought to be22
recalled is a statewide elected official, an action contesting the certification of a23
recall petition shall be instituted in the district court for the parish where the state24
capitol is situated.25
§1405. Time for commencement of action26
* * *27
F. An action contesting the certification of a recall petition shall be instituted28
after the certification of the recall petition as provided in R.S. 18:1300.3 and not later29 HLS 10RS-1749 ORIGINAL
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than 4:30 p.m. of the fifteenth day after the governor has issued the proclamation1
ordering the recall election or not later than 4:30 p.m. of the fifteenth day after the2
last day for the governor to call the election if no recall election is called.3
* * *4
§1406. Petition; answer; notification5
A. An action objecting to the calling of a special election, objecting to6
candidacy, contesting the certification of a recall petition, or contesting an election7
shall be instituted by filing a petition in a court of competent jurisdiction and venue8
and posting a copy of the petition in a conspicuous place at the entrance of the office9
of the clerk of court where the petition is filed.10
* * *11
D. The clerk of court shall immediately notify the secretary of state, by12
telephone and by written notice sent by certified mail, when an action objecting to13
the calling of a special election, objecting to candidacy, contesting the certification14
of a recall petition, or contesting an election has been filed.15
* * *16
§1409. Trial; decision; appeal17
A.(1) Actions objecting to the calling of a special election, objecting to18
candidacy, contesting the certification of a recall petition, or contesting an election19
shall be tried summarily, without a jury, and in open court. The trial shall begin no20
later than 10:00 a.m. on the fourth day after suit was filed.21
* * *22
§1410. Judgments in objection to candidacy, or election contest, or contest of23
certification of recall petition; transmittal of certified copy to secretary of24
state25
A certified copy of the judgment rendered in an action objecting to the calling26
of a special election, objecting to candidacy, contesting the certification of a recall27
petition, or contesting an election shall be transmitted by the clerk of court to the28
secretary of state. Upon receipt of a final judgment of a court of competent29 HLS 10RS-1749 ORIGINAL
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jurisdiction disqualifying a candidate, the secretary of state shall remove the1
candidate's name from the ballot, if the ballot has not been printed. If the ballot has2
been printed with the disqualified candidate's name, any votes received by the3
disqualified candidate shall be void and shall not be counted for any purpose4
whatsoever.5
§1411. Depositions6
A party to an objection to candidacy, an action contesting the certification of7
a recall petition, or an election contest may take a deposition relative to the facts8
specified or to be specified in the petition at any time before the trial, upon giving9
the other party at least forty-eight hours notice of the time and place the deposition10
is to be taken. The deposition may be taken before any officer authorized to11
administer oaths, and the attendance of witnesses and the production of documentary12
evidence of any kind may be compelled by a court.13
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)]
Richard HB No. 1162
Abstract: Requires notification of certain actions relative to the certification of a recall
petition to the public officer whose recall is being sought. Relative to actions
contesting the certification of a recall petition, provides for parties authorized to
institute actions, proper parties, jurisdiction, venue, time for commencement of
action, petitions, trials, decisions, judgments, and depositions.
Present law provides that certain public officers may be recalled. Provides procedures and
requirements for recall elections. Requires the submission of a recall petition signed by a
certain number of electors in the applicable voting area. Requires the chairman of the recall
to file certain notice with the registrar. Requires the registrar in each parish in the voting area
to certify certain information on the petition and requires the petition to be sent to the
governor. Requires the governor to issue a proclamation ordering an election if the required
number of electors of the voting area sign the petition for recall. Requires the governor to
publish the proclamation in the official journal of each parish in which the election is to be
held. Requires the governor within 24 hours after issuing the proclamation to send a copy
of the petition and proclamation to the clerk of the district court in each parish in which the
election is to be held. Requires the governor to send a copy of the petition and proclamation
to the secretary of state.
Proposed law further requires the chairman of the recall to provide written notice to the
public officer whose recall is sought on the third day before the petition is submitted to the
registrar and requires the registrar or person who executes the certificate in lieu of the
registrar to provide written notice of the certification to the public officer whose recall is HLS 10RS-1749 ORIGINAL
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sought on the date the recall petition is sent to the governor and otherwise retains present
law.
Present law relative to election contests and other related actions, provides for parties
authorized to institute actions, proper parties, jurisdiction, venue, time for commencement
of action, petitions, trials, decisions, judgments, and depositions.
Proposed law retains present law and further provides that the public officer whose recall
is sought and the chairman or vice chairman listed on the recall petition may bring an action
contesting the certification of a recall petition. Further specifies that the secretary of state,
in his official capacity, shall be made a party defendant to such an action and that court costs
shall not be assessed against him. Authorizes a party to the action to take a deposition before
trial upon at least 48 hours notice as to the time and place of the deposition. Provides that
the district courts have exclusive jurisdiction to such an action and that the action shall be
instituted in the district court for a parish included in whole or in part in the voting area, or
if the recall is of a statewide elected official, the district court for the parish where the state
capitol is located. Provides that the petition be posted in a conspicuous place at the entrance
of the office of the clerk of court where it is filed and that the clerk shall immediately notify
the secretary of state by telephone and certified mail.
Present law (R.S. 18:1405) provides that an action contesting the certification of a recall
petition shall be instituted: (1) not later than 4:30 p.m. of the 15th day after the governor has
issued the proclamation ordering the recall election or (2) not later than 4:30 p.m. of the 15th
day after the last day for the governor to call the election if no recall election is called.
Proposed law specifies that the action must be instituted after the certification of the petition
and otherwise retains present law. Provides that such actions be tried summarily, without
a jury in open court no later than 10:00 a.m. on the fourth day after the suit was filed.
Requires the clerk of court to send a certified copy of the judgment to the secretary of state.
(Amends R.S. 18:1300.2(C)(3), 1300.3(C), 1402(C), 1403, 1405(F), 1406(A) and (D),
1409(A)(1), 1410, and 1411; adds R.S. 18:1401(E) and 1404(D))