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ACT No. 621
Regular Session, 2010
HOUSE BILL NO. 1162
BY REPRESENTATIVE RICHARD
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
inform the chairman and advise the chairman of the next day which is not a Saturday,22
Sunday, or other legal holiday and on which the petition is to be submitted.23 ENROLLEDHB NO. 1162
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(b) The chairman shall provide written notice by certified mail, return receipt1
requested, to the public officer whose recall is sought on the third day before the2
petition is submitted to the registrar. 3
* * *4
§1300.3. Certification of registrar of voters; addition or withdrawal of signatures;5
form of names6
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C.(1) When there is no registrar of voters, or deputy registrar of voters in any8
parish, or in case of the absence or inability of that officer, the clerk of the district9
court of the parish shall execute the certificate.10
(2) Immediately after the recall petition is certified, a copy of the petition11
shall be made and the original recall petition shall be sent to the governor by the12
officer executing the certificate. Such copy shall be retained in the office of the13
registrar of voters in each parish affected by the petition and shall be a public record.14
(3) On the date the recall petition is sent to the governor, the registrar of15
voters or person who executes the certificate as provided in Paragraph (1) of this16
Subsection shall provide written notice of the certification to the public officer17
whose recall is sought. The written notice required by this Paragraph shall be sent18
by certified mail, return receipt requested, to the registration address of the public19
officer.20
* * *21
§1401. Objections to candidacy, and contests of elections, contests of certification22
of recall petition; parties authorized to institute actions23
* * *24
E.(1) A public officer whose recall is sought may bring an action contesting25
the certification of the recall petition certified pursuant to R.S. 18:3 and Chapter 6-C26
of this Title.27
(2) The chairman or vice chairman listed on the recall petition may bring an28
action contesting the certification of the recall petition certified pursuant to R.S. 18:329
and Chapter 6-C of this Title.30 ENROLLEDHB NO. 1162
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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
than 4:30 p.m. of the fifteenth day after the governor has issued the proclamation30 ENROLLEDHB NO. 1162
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ordering the recall election or not later than 4:30 p.m. of the fifteenth day after the1
last day for the governor to call the election if no recall election is called.2
* * *3
§1406. Petition; answer; notification4
A. An action objecting to the calling of a special election, objecting to5
candidacy, contesting the certification of a recall petition, or contesting an election6
shall be instituted by filing a petition in a court of competent jurisdiction and venue7
and posting a copy of the petition in a conspicuous place at the entrance of the office8
of the clerk of court where the petition is filed.9
* * *10
D. The clerk of court shall immediately notify the secretary of state by11
telephone and by written notice sent by certified mail when an action objecting to the12
calling of a special election, objecting to candidacy, contesting the certification of13
a recall petition, or contesting an election has been filed.14
* * *15
§1409. Trial; decision; appeal16
A.(1) Actions objecting to the calling of a special election, objecting to17
candidacy, contesting the certification of a recall petition, or contesting an election18
shall be tried summarily, without a jury, and in open court. The trial shall begin no19
later than 10:00 a.m. on the fourth day after suit was filed.20
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§1410. Judgments in objection to candidacy, or election contest, or contest of22
certification of recall petition; transmittal of certified copy to secretary of23
state24
A certified copy of the judgment rendered in an action objecting to the calling25
of a special election, objecting to candidacy, contesting the certification of a recall26
petition, or contesting an election shall be transmitted by the clerk of court to the27
secretary of state. Upon receipt of a final judgment of a court of competent28
jurisdiction disqualifyi ng a candidate, the secretary of state shall remove the29
candidate's name from the ballot if the ballot has not been printed. If the ballot has30 ENROLLEDHB NO. 1162
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been printed with the disqualified candidate's name, any votes received by the1
disqualified candidate shall be void and shall not be counted for any purpose2
whatsoever.3
§1411. Depositions4
A party to an objection to candidacy, an action contesting the certification of5
a recall petition, or an election contest may take a deposition relative to the facts6
specified or to be specified in the petition at any time before the trial, upon giving7
the other party at least forty-eight hours notice of the time and place the deposition8
is to be taken. The deposition may be taken before any officer authorized to9
administer oaths, and the attendance of witnesses and the production of documentary10
evidence of any kind may be compelled by a court.11
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: