HLS 10RS-1161 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 625
BY REPRESENTATIVE BARROW
ELECTIONS/RECALL: Provides relative to recall elections
AN ACT1
To amend and reenact R.S. 18:1300.7(B) and 1405(F), relative to recall elections; to require2
the governor to send certain information to the officer subject to a recall election; to3
provide for the manner in which such information must be sent; to provide for the4
time limit in which an action contesting the certification of a recall petition may be5
instituted; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 18:1300.7(B) and 1405(F) are hereby amended and reenacted to read8
as follows:9
§1300.7. Governor to order election; proclamation; publication10
* * *11
B. Immediately after the issuance of the proclamation, the governor shall12
publish the proclamation in the official journal of each parish in which the election13
is to be held. Within twenty-four hours after issuing the proclamation, the governor14
shall send a copy of the petition and proclamation, by registered or certified mail, to15
the clerk of the district court for each parish in which the election is to be held. If16
the election is to be held in Orleans Parish, the city of New Orleans, the copy of the17
petition and proclamation shall be mailed to the clerk of the criminal district court.18
A copy of the petition and proclamation also shall be sent to the secretary of state.19
Within twenty-four hours after he receives the copies, the secretary of state shall20 HLS 10RS-1161 ORIGINAL
HB NO. 625
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notify all other election officials having any duty to perform in connection with a1
recall election, including the parish board of election supervisors for the parish or2
parishes in which the election is held. Within twenty-four hours after issuing the3
proclamation, the governor shall also send a copy of the petition and proclamation4
by certified mail, return receipt requested, to the officer subject to the recall election.5
* * *6
§1405. Time for commencement of action7
* * *8
F. An action contesting the certification of a recall petition shall be instituted9
not later than 4:30 p.m. of the fifteenth day after the governor has issued the10
proclamation ordering the recall election day that the officer subject to the recall11
election receives the copy of the petition and proclamation required to be sent12
pursuant to R.S. 18:1300.7(B) or not later than 4:30 p.m. of the fifteenth day after the13
last day for the governor to call the election if no recall election is called.14
* * *15
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)]
Barrow HB No. 625
Abstract: Requires the governor to send a copy of the recall petition and proclamation to
the officer subject to the recall election; provides that the period during which the
certification of a recall petition may be contested begins to run when the officer
receives the copy of the petition and proclamation.
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 registrar in each parish
in the voting area to certify certain information on the petition. 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. HLS 10RS-1161 ORIGINAL
HB NO. 625
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Proposed law retains present law and additionally provides that within 24 hours after issuing
the proclamation, the governor shall also send a copy of the petition and proclamation by
certified mail, return receipt requested, to the officer subject to the recall election.
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 repeals (1) above and provides instead that an action contesting the
certification of a recall petition shall be instituted not later than 4:30 p.m. of the 15th day
after the day that the officer subject to the recall election receives the copy of the petition
and proclamation required to be sent pursuant to proposed law. Otherwise retains present
law.
(Amends R.S. 18:1300.7(B) and 1405(F))