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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 122
BY SENATOR ADLEY
CAMPAIGN FINANCE. Constitutional amendment to provide that the attorney general is
to prosecute felony violations of state campaign finance laws. (2/3-CA 13s1(A))
A JOINT RESOLUTION1
Proposing to amend Article IV, Section 8, of the Constitution of Louisiana, relative to2
powers and duties of the attorney general; to provide for the criminal prosecution of3
certain crimes; and to specify an election for submission of the proposition to4
electors and provide a ballot proposition.5
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members6
elected to each house concurring, that there shall be submitted to the electors of the state, for7
their approval or rejection in the manner provided by law, a proposal to amend Article IV,8
Section 8 of the Constitution of Louisiana, to read as follows:9
ยง8. Attorney General; Powers and Duties 10
Section 8. There shall be a Department of Justice, headed by the attorney11
general, who shall be the chief legal officer of the state. The attorney general shall12
be elected for a term of four years at the state general election. The assistant13
attorneys general shall be appointed by the attorney general to serve at his pleasure.14
As necessary for the assertion or protection of any right or interest of the15
state, the attorney general shall have authority (1) to institute, prosecute, or intervene16
in any civil action or proceeding; (2) upon the written request of a district attorney,17 SB NO. 122
SLS 10RS-319 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
to advise and assist in the prosecution of any criminal case; and (3) for cause, when1
authorized by the court which would have original jurisdiction and subject to judicial2
review, (a) to institute, prosecute, or intervene in any criminal action or proceeding,3
or (b) to supersede any attorney representing the state in any civil or criminal action;4
and (4) to institute and prosecute felony violations of state campaign finance5
laws.6
The attorney general shall exercise other powers and perform other duties7
authorized by this constitution or by law.8
Section 2. Be it further resolved that this proposed amendment shall be submitted9
to the electors of the state of Louisiana at the statewide election to be held on November 2,10
2010.11
Section 3. Be it further resolved that on the official ballot to be used at said election12
there shall be printed a proposition, upon which the electors of the state shall be permitted13
to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall14
read as follows:15
To require the attorney general to prosecute felony violations of state16
campaign finance laws.17
(Amends Article IV, Section 8)18
Section 4. The provisions of this Resolution shall be given retroactive application to19
March 30, 2008.20
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michael Bell.
DIGEST
Present state constitution provides that the attorney general will have authority do the
following:
(1)To institute, prosecute, or intervene in any civil action or proceeding.
(2)Upon the written request of a district attorney, to advise and assist in the prosecution
of any criminal case.
(3)For cause, when authorized by the court which would have original jurisdiction and
subject to judicial review, (a) to institute, prosecute, or intervene in any criminal
action or proceeding, or (b) to supersede any attorney representing the state in any
civil or criminal action. SB NO. 122
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed constitutional amendment retains present constitution and requires the attorney
general to institute and prosecute felony violations of state campaign finance laws.
Provides that proposed constitutional amendment is retroactive to March 30, 2008.
Specifies submission of the amendment to the voters at the statewide election to be held on
November 2, 2010.
(Amends Const. Art. IV, Sec. 8)