HLS 10RS-4422 ENGROSSED
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Regular Session, 2010
HOUSE RESOLUTION NO. 98
BY REPRESENTATIVE HARDY
COMMITTEE STUDIES: Requests the House Committee on House and Governmental
Affairs to review the issue of the redistricting of courts particularly as it relates to the
domicile and residency requirements of judges and judicial candidates
A RESOLUTION1
To request the Committee on House and Governmental Affairs to review the issue of the2
redistricting of courts particularly as it relates to domicile and residency3
requirements of judges and judicial candidates.4
WHEREAS, following the release of the 2010 federal decennial census redistricting5
data, the legislature may redistrict the election districts established for courts in this state;6
and7
WHEREAS, a judgment in Clark v. Roemer, (M.D. La. 1991) established subdistricts8
and required subdistricts to be established in several courts for election purposes, and9
subsequent to the litigation in Clark v. Roemer, the legislature has enacted several election10
sections and subdistricts in several courts for election purposes; and11
WHEREAS, the court stated in a judgment in Clark v. Roemer, that "there shall be12
no requirement that a candidate be a resident of the subdistrict; however, the candidate must13
be a resident of the affected judicial district in accordance with Louisiana law"; and14
WHEREAS, Article V, Section 24 of the Constitution of Louisiana provides that a15
"judge of the supreme court, a court of appeal, district court, family court, parish court, or16
court having solely juvenile jurisdiction shall have been domiciled in the respective district,17
circuit, or parish for one year preceding election"; and18 HLS 10RS-4422 ENGROSSED
HR NO. 98
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WHEREAS, the qualifications for holding most public offices in Louisiana provided1
in the constitution and laws of the state include a requirement that the person be an elector2
of, reside in, or be domiciled in the district from which the person is to be elected; and3
WHEREAS, the Louisiana Election Code provides that in "the event that the4
qualifications for an office include a residency or domicile requirement, a candidate shall5
meet the established length of residency or domicile as of the date of qualifying,6
notwithstanding any other provision of law to the contrary"; and7
WHEREAS, a person must be a resident of and a registered voter in a district in order8
to be eligible to vote in an election held in that district; and9
WHEREAS, there has been a policy decision made for many offices that a person10
should be a resident of or domiciled in an election district in order to be elected to a public11
office by the electors of that district; and12
WHEREAS, it is important that the issue of domicile and residency requirements of13
judges and judicial candidates be reexamined in the context of judicial subdistricts and14
election sections prior to the redistricting of the courts following the 2010 federal decennial15
census.16
THEREFORE, BE IT RESOLVED that the House of Representatives of the17
Legislature of Louisiana does hereby request the Committee on House and Governmental18
Affairs to review the issue of redistricting of courts particularly as it relates to domicile and19
residency requirements of judges and judicial candidates and to report its findings and20
recommendations to the House of Representatives of the Legislature of Louisiana no later21
than sixty days prior to the convening of the 2011 Regular Session of the Legislature.22
BE IT FURTHER RESOLVED that the secretary of state shall provide a report23
listing each judge who is not a registered voter of the election district from which he is24
elected to the House Committee on House and Governmental Affairs no later than August25
1, 2010.26 HLS 10RS-4422 ENGROSSED
HR NO. 98
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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)]
Hardy HR No. 98
Requests the House Committee on House and Governmental Affairs to review the issue of
redistricting of courts particularly as it relates to domicile and residency requirements of
judges and judicial candidates and to report its findings and recommendations to the House
of Representatives no later than 60 days prior to the convening of the 2011 R.S.
Requires the secretary of state to provide a report listing each judge who is not a registered
voter of the election district from which he is elected to the committee no later than Aug. 1,
2010.