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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 HLS 10RS-1749 ENGROSSED
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which falls on a Saturday, Sunday, or other legal holiday, the registrar shall so1
inform the chairman and advise the chairman of the next day which is not a Saturday,2
Sunday, or other legal holiday and on which the petition is to be submitted.3
(b) The chairman shall provide written notice by certified mail, return receipt4
requested, to the public officer whose recall is sought on the third day before the5
petition is submitted to the registrar. 6
* * *7
§1300.3. Certification of registrar of voters; addition or withdrawal of signatures;8
form of names9
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C.(1) When there is no registrar of voters, or deputy registrar of voters in any11
parish, or in case of the absence or inability of that officer, the clerk of the district12
court of the parish shall execute the certificate.13
(2) Immediately after the recall petition is certified a copy of the petition14
shall be made and the original recall petition shall be sent to the governor by the15
officer executing the certificate. Such copy shall be retained in the office of the16
registrar of voters in each parish affected by the petition and shall be a public record.17
(3) On the date the recall petition is sent to the governor, the registrar of18
voters or person who executes the certificate as provided in Paragraph (1) of this19
Subsection, shall provide written notice of the certification to the public officer20
whose recall is sought. The written notice required by this Paragraph shall be sent21
by certified mail, return receipt requested, to the registration address of the public22
officer.23
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§1401. Objections to candidacy, and contests of elections, contests of certification25
of recall petition; parties authorized to institute actions26
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E.(1) A public officer whose recall is sought may bring an action contesting1
the certification of the recall petition certified pursuant to R.S. 18:3 and Chapter 6-C2
of this Title.3
(2) The chairman or vice chairman listed on the recall petition may bring an4
action contesting the certification of the recall petition certified pursuant to R.S. 18:35
and Chapter 6-C of this Title.6
§1402. Proper parties7
* * *8
C. The secretary of state, in his official capacity, shall be made a party9
defendant to any action contesting an election for public office. The secretary of10
state, in his official capacity, shall be made defendant to any action objecting to the11
calling of a special election. The secretary of state, in his official capacity, shall be12
made a party defendant to any action contesting the certification of a recall petition.13
When named as a defendant in an action contesting an election, costs of court shall14
not be assessed against the secretary of state. When named as a defendant in an15
action contesting the certification of a recall petition, costs of court shall not be16
assessed against the secretary of state.17
§1403. Jurisdiction18
The district courts shall have exclusive original jurisdiction of actions19
objecting to candidacy, objecting to the calling of a special election, contesting the20
certification of a recall petition, and contesting elections. In a judicial district21
wherein there is a criminal and a civil district court, the civil district court shall have22
exclusive original jurisdiction.23
§1404. Venue24
* * *25
D. An action contesting the certification of a recall petition shall be instituted26
in the district court for a parish included in whole or in part in the voting area27
wherein the recall election is sought; however if the public officer sought to be28
recalled is a statewide elected official, an action contesting the certification of a29 HLS 10RS-1749 ENGROSSED
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recall petition shall be instituted in the district court for the parish where the state1
capitol is situated.2
§1405. Time for commencement of action3
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F. An action contesting the certification of a recall petition shall be instituted5
after the certification of the recall petition as provided in R.S. 18:1300.3 and not later6
than 4:30 p.m. of the fifteenth day after the governor has issued the proclamation7
ordering the recall election or not later than 4:30 p.m. of the fifteenth day after the8
last day for the governor to call the election if no recall election is called.9
* * *10
§1406. Petition; answer; notification11
A. An action objecting to the calling of a special election, objecting to12
candidacy, contesting the certification of a recall petition, or contesting an election13
shall be instituted by filing a petition in a court of competent jurisdiction and venue14
and posting a copy of the petition in a conspicuous place at the entrance of the office15
of the clerk of court where the petition is filed.16
* * *17
D. The clerk of court shall immediately notify the secretary of state, by18
telephone and by written notice sent by certified mail, when an action objecting to19
the calling of a special election, objecting to candidacy, contesting the certification20
of a recall petition, or contesting an election has been filed.21
* * *22
§1409. Trial; decision; appeal23
A.(1) Actions objecting to the calling of a special election, objecting to24
candidacy, contesting the certification of a recall petition, or contesting an election25
shall be tried summarily, without a jury, and in open court. The trial shall begin no26
later than 10:00 a.m. on the fourth day after suit was filed.27
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§1410. Judgments in objection to candidacy, or election contest, or contest of1
certification of recall petition; transmittal of certified copy to secretary of2
state3
A certified copy of the judgment rendered in an action objecting to the calling4
of a special election, objecting to candidacy, contesting the certification of a recall5
petition, or contesting an election shall be transmitted by the clerk of court to the6
secretary of state. Upon receipt of a final judgment of a court of competent7
jurisdiction disqualifying a candidate, the secretary of state shall remove the8
candidate's name from the ballot, if the ballot has not been printed. If the ballot has9
been printed with the disqualified candidate's name, any votes received by the10
disqualified candidate shall be void and shall not be counted for any purpose11
whatsoever.12
§1411. Depositions13
A party to an objection to candidacy, an action contesting the certification of14
a recall petition, or an election contest may take a deposition relative to the facts15
specified or to be specified in the petition at any time before the trial, upon giving16
the other party at least forty-eight hours notice of the time and place the deposition17
is to be taken. The deposition may be taken before any officer authorized to18
administer oaths, and the attendance of witnesses and the production of documentary19
evidence of any kind may be compelled by a court.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)]
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, and 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 HLS 10RS-1749 ENGROSSED
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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 by certified
mail, return receipt requested, to the public officer whose recall is sought on the third day
before the petition is submitted to the registrar. 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 sought on the date the recall petition is sent to the
governor and requires such written notice to be sent by certified mail, return receipt
requested, to the registration address of the public officer. 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)) HLS 10RS-1749 ENGROSSED
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Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original bill.
1. Required the notice to the public officer to be sent by certified mail, return
receipt requested, and further specifies that the notice sent by the official
executing the certification of the petition be sent to the registration address of the
public officer.
2. Made technical changes.