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Regular Session, 2010
HOUSE BILL NO. 627
BY REPRESENTATIVE GALLOT
ELECTIONS/PRECINCTS: Provides relative to the prohibition on certain precinct changes
during certain time periods
AN ACT1
To amend and reenact R.S. 18:532.1(D) and 1903, relative to precinct changes; to authorize2
the division of a precinct under certain circumstances during a certain time period;3
to require certain submissions relative to such changes; to provide for penalties; and4
to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 18:532.1(D) and 1903 are hereby amended and reenacted to read as7
follows: 8
§532.1. Changing boundaries9
* * *10
D.(1) Notwithstanding any other law to the contrary, no election precinct11
shall be created, divided, abolished, or merged, or the boundaries thereof otherwise12
changed between January first of any year of which the last digit is nine and13
December thirty-first of any year of which the last digit is three, unless ordered by14
a court of competent jurisdiction.15
(2)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection or16
R.S. 18:1903 to the contrary, if after the release of the federal decennial census data17
a parish governing authority is unable to comply with applicable law regarding18
redistricting and reapportionment in the creation of its redistricting or19
reapportionment plan using the whole precincts submitted to the United States20 HLS 10RS-1019 ORIGINAL
HB NO. 627
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Bureau of the Census, the parish governing authority may divide a precinct into two1
or more precincts; any such division shall be by a visible feature which is a census2
tabulation boundary.3
(b) Any such parish governing authority shall include the precinct changes4
in its ordinance establishing its redistricting or reapportionment plan.5
(c) Within fifteen days after the adoption of the ordinance, the parish6
governing authority shall send to the secretary of the Senate and the clerk of the7
House of Representatives a certified copy of the ordinance and a copy of a map8
showing the new precinct boundaries together with a written description of such9
boundaries. If the precinct changes were the result of action in a court of competent10
jurisdiction, the parish governing authority shall include a certified copy of the court11
order, and the secretary and the clerk shall likewise be notified of appeals filed or12
other actions that pertain to any such order or ordinance.13
(d) The provisions of this Paragraph shall not be construed as authority for14
a parish governing authority which has adopted or accomplished redistricting or15
reapportionment or is able to redistrict or reapportion itself in accordance with16
applicable law using the whole precincts submitted to the United States Bureau of17
the Census to divide precincts. Any plan adopted by a parish governing authority in18
contravention of this Subsection shall be null and void, and no election shall be19
conducted using any ballot based on such a null and void plan.20
* * *21
§1903. Precincts; boundary changes22
A. No Except as otherwise provided in R.S. 18:532.1(D)(2), no election23
precinct shall be created, divided, abolished, or merged, or the boundaries thereof24
otherwise changed between January first of any year of which the last digit is nine25
and December thirty-first of any year of which the last digit is three unless ordered26
by a court of competent jurisdiction.27
B. If a change in the boundaries of a precinct is made as specified in28
Subsection A of this Section, during the time specified therein, the affected29 HLS 10RS-1019 ORIGINAL
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governing body shall, within fifteen days after the entry of the court order and, if1
any, ordinance changing the precinct boundaries pursuant to the court order, send to2
the secretary of the Senate and the clerk of the House of Representatives a certified3
copy of the order or ordinance and a copy of a map showing the new boundaries4
together with a corrected word description of such boundaries. The secretary and the5
clerk shall likewise be notified of appeals filed or other actions that pertain to any6
such order or ordinance.7
Section 2. This Act shall become effective upon signature by the governor or, if not8
signed by the governor, upon expiration of the time for bills to become law without signature9
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If10
vetoed by the governor and subsequently approved by the legislature, this Act shall become11
effective on the day following such approval.12
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)]
Gallot HB No. 627
Abstract: Authorizes a parish governing authority to divide a precinct into two or more
precincts by a visible feature which is a census tabulation boundary during the
"precinct freeze" if after the release of the federal decennial census data the parish
is unable to comply with applicable law regarding redistricting and reapportionment.
Present law (R.S. 18:532.1(D) and 1903) relative to precinct changes, provides that no
election precinct shall be created, divided, abolished, or merged, or the boundaries thereof
otherwise changed between Jan. first of any year of which the last digit is nine and Dec.
thirty-first of any year of which the last digit is three, unless ordered by a court of competent
jurisdiction. Present law (R.S. 18:1903) specifies that if a change is made by court order
during the time specified the affected governing body shall, within 15 days after the entry
of the court order and, if any, ordinance changing the precinct boundaries pursuant to the
court order, send to the secretary of the Senate and the clerk of the House a certified copy
of the order or ordinance, a copy of a map showing the new boundaries, and a corrected
word description of the boundaries. Requires the secretary and the clerk to likewise be
notified of appeals filed or other actions that pertain to any such order or ordinance.
Proposed law removes the specific language regarding precinct changes ordered by a court
of competent jurisdiction. Proposed law further authorizes a parish governing authority
(parish) to divide a precinct into two or more precincts by a visible feature which is a census
tabulation boundary if after the release of the federal decennial census data the parish is
unable to comply with applicable law regarding redistricting and reapportionment in the
creation of its redistricting or reapportionment plan using the whole precincts submitted to
the U. S. Census Bureau. Requires the parish to (1) include the precinct changes in its
ordinance establishing its plan; (2) send the secretary of the Senate and the clerk of the HLS 10RS-1019 ORIGINAL
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House a certified copy of the ordinance and a copy of a map showing the new precinct
boundaries together with a written description of such boundaries within 15 days after the
adoption of the ordinance; and (3) if the precinct changes were the result of action in a court
of competent jurisdiction, include a certified copy of the court order and notify the secretary
and the clerk of appeals filed or other actions that pertain to any such order or ordinance.
Proposed law specifies that it shall not be construed as authority for a parish which has
adopted or accomplished redistricting or reapportionment or is able to redistrict or
reapportion itself in accordance with applicable law using the whole precincts submitted to
the U.S. Census Bureau to divide precincts. Further provides that any plan adopted by a
parish in contravention of present and proposed law shall be null and void, and no election
shall be conducted using any ballot based on the null and void plan.
Present law (R.S. 18:537) requires the attorney general to institute actions to enforce the
provisions of present law (R.S. 18:532.1), provides that the defendant must pay court costs
and reasonable attorney fees incurred by such action, and specifies that the state shall not pay
specified election costs or expenses while a parish governing authority is noncompliant.
Proposed law retains present law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 18:532.1(D) and 1903)