HLS 10RS-751 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 498
BY REPRESENTATIVE TALBOT
GOVERNOR/SUCCESSION: (Constitutional Amendment) Relative to vacancies in the
office of governor, provides for filling of such vacancies and vacancies created by
gubernatorial succession to the office of governor
A JOINT RESOLUTION1
Proposing to amend Article IV, Section 14 of the Constitution of Louisiana, to provide2
relative to vacancies in the office of governor; to provide for filling of such3
vacancies and to require filling of such a vacancy by election when the remainder of4
the unexpired term exceeds one year; to provide for vacancies created by5
gubernatorial succession and the filling of such vacancies; to provide for submission6
of the proposed amendment to the electors; and to provide for related matters.7
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members8
elected to each house concurring, that there shall be submitted to the electors of the state of9
Louisiana, for their approval or rejection in the manner provided by law, a proposal to10
amend Article IV, Section 14 of the Constitution of Louisiana, to read as follows:11
§14. Vacancy in Office of Governor 12
Section 14.(A) When a vacancy occurs in the office of governor, the order13
of succession shall be (1) the elected lieutenant governor, (2) the elected secretary14
of state, (3) the elected attorney general, (4) the elected treasurer, (5) the presiding15
officer of the Senate, (6) the presiding officer of the House of Representatives, and16
then (7) as provided by law. 17 HLS 10RS-751 ORIGINAL
HB NO. 498
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(B)The If the remainder of the term for which the governor was elected does1
not exceed one year, the successor shall serve the remainder of the term for which2
the governor was elected.3
(C) If the unexpired term exceeds one year, the successor shall serve as4
governor only until the office is filled by election. The election shall be held at the5
time of the next regularly scheduled congressional or statewide election; however,6
if no such election date is available within one year of the vacancy, the office shall7
be filled by election at a special election held within one year of the vacancy and8
called by the secretary of state for such purpose. When the office of governor is9
filled by election pursuant to this Paragraph, the successor shall return to the office10
in which he was serving prior to gubernatorial succession for the remainder of his11
unexpired term.12
(D) A vacancy in the office of the governor's successor created by13
gubernatorial succession pursuant to this Section shall be filled in the manner14
provided for filling a vacancy for which the remainder of the term does not exceed15
one year. The person who fills such a vacancy shall serve only for the time the16
governor's successor serves as governor.17
Section 2. Be it further resolved that this proposed amendment shall be submitted18
to the electors of the state of Louisiana at the statewide election to be held on November 2,19
2010.20
Section 3. Be it further resolved that on the official ballot to be used at said election21
there shall be printed a proposition, upon which the electors of the state shall be permitted22
to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall23
read as follows:24
To provide for filling vacancies in the office of governor by election when25
the remainder of the unexpired term exceeds one year and to provide for26
filling the resulting vacancy in the office of an official who succeeds to the27
office of governor while such official serves as governor. (Amends Article28
IV, Section 14)29 HLS 10RS-751 ORIGINAL
HB NO. 498
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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)]
Talbot HB No. 498
Abstract: Provides for filling vacancies in the office of governor by election when the
remainder of the unexpired term exceeds one year. Provides for filling a vacancy
created when an official succeeds to the office of governor and provides for the
manner and duration of filling of such vacancies.
Present constitution provides that, when a vacancy occurs in the office of governor, the order
of succession shall be (1) the elected lieutenant governor, (2) the elected secretary of state,
(3) the elected attorney general, (4) the elected treasurer, (5) the presiding officer of the
Senate, (6) the presiding officer of the House of Representatives, and then (7) as provided
by law.
Proposed constitutional amendment retains this order of gubernatorial succession.
Present constitution provides that the successor shall serve the remainder of the term for
which the governor was elected.
Proposed constitutional amendment retains present constitution, but only when the
remainder of the unexpired term does not exceed one year. Provides that if the unexpired
term exceeds one year, the successor shall serve as governor only until the office is filled by
election. Requires that the election be held at the time of the next regularly scheduled
congressional or statewide election and, if no such election date is available within one year
of the vacancy, that the office be filled by election at a special election held within one year
of the vacancy and called by the secretary of state for such purpose. Also provides that,
when the office of governor is so filled by election, the successor shall return to the office
in which he was serving prior to gubernatorial succession for the remainder of his unexpired
term.
Proposed constitutional amendment requires that a vacancy in the office of the governor's
successor created by gubernatorial succession shall be filled as for a vacancy for which the
remainder of the term does not exceed one year. Provides that the person who fills the
vacancy in the office of the governor's successor shall serve only for the time the governor's
successor serves as governor.
Present constitution, relative to filling of vacancies in the office of lieutenant governor,
requires the governor to nominate a lieutenant governor, who takes office upon confirmation
by a majority vote of the elected members of each house of the legislature. Provides that,
if the unexpired term exceeds one year, such person shall serve as lieutenant governor only
until the office is filled by election.
Present constitution, relative to filling of vacancies in statewide elected offices other than
governor and lieutenant governor, provides that the office shall be filled by the first assistant
appointed by such official. Provides that, if the unexpired term exceeds one year, the first
assistant shall serve only until the office is filled by election.
Present constitution, relative to elections to fill a vacancy in the office of lieutenant governor
or a statewide elected official when the remainder of the term exceeds one year, requires that
the election be held at the next regularly scheduled congressional or statewide election, but
if no such election date is available within one year of the vacancy, that the governor shall
call a special election. HLS 10RS-751 ORIGINAL
HB NO. 498
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Present constitution, relative to legislative officers, makes no provision for vacancies but
specifies that each house shall choose its own officers, including a permanent presiding
officer from its membership. Provides that the presiding officers shall be the speaker of the
House of Representatives and the president of the Senate.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Nov. 2, 2010.
(Amends Const. Art. IV, §14)