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ACT No. 824
Regular Session, 2010
HOUSE BILL NO. 627
BY REPRESENTATIVE GALLOT
AN ACT1
To amend and reenact R.S. 17:71.3(E)(2), R.S. 18:532.1(D) and 1903, and R.S. 33:382(G)2
and 1371(C), relative to precinct changes; to authorize the division of a precinct3
under certain circumstances during a certain time period; to require certain4
submissions relative to such changes; to provide for penalties; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 17:71.3(E)(2) is hereby amended and reenacted to read as follows:8
§71.3. Procedure for accomplishing reapportionment, special election districts;9
effective date of same10
* * *11
E.12
* * *13
(2)(a) Notwithstanding the provisions of R.S. 17:71.3(E)(1) or any other law14
to the contrary, if a school board is unable to meet the federal guideline of plus or15
minus five percent deviation comply with applicable law regarding redistricting and16
reapportionment, including adherence to traditional redistricting principles, in the17
creation of its redistricting or reapportionment plan through the use of whole18
precincts, the school board may, in the creation of its redistricting or19
reapportionment plan, divide a precinct into portions which are bounded by visible20
features which are census tabulation boundaries. No such precinct shall be divided21
into more than two school board districts. No school board district shall contain22
more than two three divided precincts. The division of any precinct as a result of the23
boundary between a city school system and a parish school system different school24 ENROLLEDHB NO. 627
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systems crossing the precinct shall be pre-cleared by the United States Justice1
Department and shall not be counted towards the limitation on the number of divided2
precincts allowed in each school board district.3
(b) The provisions of this Paragraph shall be applicable only in cases in4
which the number of members of the school board is not equal to the number of5
members of the parish governing authority of the parish in which the school board6
is domiciled.7
(c)The provisions of this Paragraph shall not be construed as authority for a8
school board which has adopted or accomplished reapportionment or is able to9
reapportion itself using whole precincts to divide precincts.10
(b) Any plan adopted by a school board in contravention of this Subsection11
shall be null and void, and no election shall be conducted using any ballot based on12
such a null and void plan. Any declaration of nullity of a plan pursuant to this13
Subparagraph shall be by a court of competent jurisdiction. In the event a plan is14
declared null, such declaration shall not affect the validity or legality of any actions15
taken by, ordinances or regulations adopted by, or contracts entered into by the16
school board elected pursuant to the null plan.17
(d) In the event that a school board is denied preclearance of its18
reapportionment plan pursuant to the Voting Rights Act and the defect which serves19
as the basis for that denial can be remedied by the subdivision of precincts, the20
school board shall use the provisions of this Paragraph to remedy such defect.21
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Section 2. R.S. 18:532.1(D) and 1903 are hereby amended and reenacted to read as23
follows: 24
§532.1. Changing boundaries25
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D.(1) Notwithstanding any other law to the contrary, no election precinct27
shall be created, divided, abolished, or merged, or the boundaries thereof otherwise28
changed between January first of any year of which the last digit is nine and29 ENROLLEDHB NO. 627
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December thirty-first of any year of which the last digit is three, unless ordered by1
a court of competent jurisdiction.2
(2)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection or3
R.S. 18:1903 to the contrary, if after the release of the federal decennial census data4
a parish governing authority is unable to comply with applicable law regarding5
redistricting and reapportionment, including adherence to traditional redistricting6
principles, in the creation of its redistricting or reapportionment plan using the whole7
precincts submitted to the United States Bureau of the Census, the parish governing8
authority may divide a precinct into two or more precincts; any such division shall9
be by a visible feature which is a census tabulation boundary.10
(b) Any such parish governing authority shall include the precinct changes11
in its ordinance establishing its redistricting or reapportionment plan.12
(c) Within fifteen days after the adoption of the ordinance, the parish13
governing authority shall send to the secretary of the Senate and the clerk of the14
House of Representatives a certified copy of the ordinance and a copy of a map15
showing the new precinct boundaries together with a written description of such16
boundaries. If the precinct changes were the result of action in a court of competent17
jurisdiction, the parish governing authority shall include a certified copy of the court18
order, and the secretary and the clerk shall likewise be notified of appeals filed or19
other actions that pertain to any such order or ordinance.20
(d) The provisions of this Paragraph shall not be construed as authority for21
a parish governing authority which has adopted or accomplished redistricting or22
reapportionment or is able to redistrict or reapportion itself in accordance with23
applicable law using the whole precincts submitted to the United States Bureau of24
the Census to divide precincts. Any plan adopted by a parish governing authority in25
contravention of this Subsection shall be null and void, and no election shall be26
conducted using any ballot based on such a null and void plan. Any declaration of27
nullity of a plan pursuant to this Paragraph shall be by a court of competent28
jurisdiction. In the event a plan is declared null, such declaration shall not affect the29 ENROLLEDHB NO. 627
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validity or legality of any actions taken by, ordinances or regulations adopted by, or1
contracts entered into by the governing authority elected pursuant to the null plan.2
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§1903. Precincts; boundary changes4
A. No Except as otherwise provided in R.S. 18:532.1(D)(2), no election5
precinct shall be created, divided, abolished, or merged, or the boundaries thereof6
otherwise changed between January first of any year of which the last digit is nine7
and December thirty-first of any year of which the last digit is three unless ordered8
by a court of competent jurisdiction.9
B. If a change in the boundaries of a precinct is made as specified in10
Subsection A of this Section, during the time specified therein, the affected11
governing body shall, within fifteen days after the entry of the court order and, if12
any, ordinance changing the precinct boundaries pursuant to the court order, send to13
the secretary of the Senate and the clerk of the House of Representatives a certified14
copy of the order or ordinance and a copy of a map showing the new boundaries15
together with a corrected word description of such boundaries. The secretary and the16
clerk shall likewise be notified of appeals filed or other actions that pertain to any17
such order or ordinance.18
Section 3. R.S. 33:382(G) and 1371(C) are hereby amended and reenacted to read19
as follows:20
§382. Number of aldermen; election; municipal districts; divisions of the board21
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G.(1) The boundaries of any election district for a new redistricting or23
apportionment plan from which members of a municipal governing authority are24
elected shall contain, to the extent practicable, whole election precincts established25
by the parish governing authority under R.S. 18:532 or 532.1.26
(2) If the municipal governing authority is unable to comply with applicable27
law regarding redistricting and reapportionment, including adherence to traditional28
redistricting principles, in the creation of its redistricting or apportionment plan using29 ENROLLEDHB NO. 627
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whole precincts, the municipal governing authority may divide a precinct into1
portions that are bounded by visible census tabulation boundaries or census2
tabulation boundaries that are the boundaries of the municipality, as applicable.3
(3) The portion of any precinct within the boundary of a municipality which4
is divided only because it contains incorporated and unincorporated portions shall5
be considered to be a whole precinct for the purposes of this Subsection.6
(4) The municipal governing authority shall make every effort to minimize7
the number of portions the governing authority divides a precinct into and the8
number of precincts the governing authority divides into portions.9
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§1371. Reapportionment of municipal districts required after each decennial census;11
effective date12
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C.(1) The boundaries of any election district for a new redistricting or14
apportionment plan from which members of a municipal governing authority are15
elected shall contain, to the extent practicable, whole election precincts established16
by the parish governing authority under R.S. 18:532 or 532.1.17
(2) If the municipal governing authority is unable to comply with applicable18
law regarding redistricting and reapportionment, including adherence to traditional19
redistricting principles, in the creation of its redistricting or apportionment plan using20
whole precincts, the municipal governing authority may divide a precinct into21
portions that are bounded by visible census tabulation boundaries or census22
tabulation boundaries that are the boundaries of the municipality, as applicable.23
(3) The portion of any precinct within the boundary of a municipality which24
is divided only because it contains incorporated and unincorporated portions shall25
be considered to be a whole precinct for the purposes of this Subsection.26
(4) The municipal governing authority shall make every effort to minimize27
the number of portions the governing authority divides a precinct into and the28
number of precincts the governing authority divides into portions.29 ENROLLEDHB NO. 627
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Section 4. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: