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Regular Session, 2010
SENATE BILL NO. 325
BY SENATOR HEBERT
LOCAL OFFICIALS. Constitutional amendment to provide that under certain
circumstances a person who fills a vacancy in local elective offices shall not be an eligible
candidate in next election held for such office. (2/3 - CA13s1(A))
A JOINT RESOLUTION1
Proposing to amend Article V, Section 30, Article VI, Section 13(A), Article VII, Section2
24(C), and Article X, Section 27(A) of the Constitution of Louisiana, relative to3
elected officials; to provide that certain persons shall not be eligible candidates in4
certain elections; and to specify an election for submission of the proposition to5
electors and provide a ballot proposition.6
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members7
elected to each house concurring, that there shall be submitted to the electors of the state, for8
their approval or rejection in the manner provided by law, a proposal to amend Article V,9
Section 30, Article VI, Section 13(A), Article VII, Section 24(C), and Article X, Section10
27(A) of the Constitution of Louisiana, to read as follows:11
ARTICLE V. JUDICIAL BRANCH12
* * *13
§30. Vacancies14
Section 30.(A) When a vacancy occurs in the following offices, the duties15
of the office, until it is filled by election as provided by law, shall be assumed by the16
persons herein designated: (1) sheriff, by the chief criminal deputy; (2) district17 SB NO. 325
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attorney, by the first assistant; (3) clerk of a district court, by the chief deputy; (4)1
coroner, by the chief deputy. If there is no such person to assume the duties when2
the vacancy occurs, the governing authority or authorities of the parish or parishes3
concerned shall appoint a qualified person to assume the duties of the office until4
filled by election.5
(B) In the event the sheriff, district attorney, clerk of a district court, or6
coroner voluntarily leaves such office prior to the expiration of the term, the7
person assuming the office pursuant to Paragraph A of this Section shall not be8
an eligible candidate for such office in the next election whether the next9
election is to fill the unexpired term of office or for a new term.10
* * *11
ARTICLE VI. LOCAL GOVERNMENT12
* * *13
§13. Vacancies14
Section 13.(A)(1) Vacancy; Appointment. Except as otherwise provided by15
this constitution, a vacancy in any local office filled by election wholly within the16
boundaries of a local governmental subdivision or a school district shall be filled by17
appointment by the particular governing authority of the local governmental18
subdivision or school district in which the vacancy occurs, until it is filled by19
election as provided by law.20
(2) In the event the vacancy results from the elected official voluntarily21
leaving office prior to the expiration of the term, the person appointed to fill the22
office pursuant to Subparagraph (1) of this Paragraph shall not be an eligible23
candidate for such office in the next election whether the next election is to fill24
the unexpired term of office or for a new term.25
* * *26
ARTICLE VII. REVENUE AND FINANCE27
* * *28
§24. Tax Assessors29 SB NO. 325
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Section 24.(A) Election; Term.1
* * *2
(C)(1) Vacancy. When a vacancy occurs in the office of tax assessor, the3
duties of the office, until filled by election as provided by law, shall be assumed by4
the chief deputy assessor.5
(2) In the event the assessor voluntarily leaves office prior to the6
expiration of the term, the chief deputy assessor assuming the office pursuant7
to Subparagraph (1) of this Paragraph shall not be an eligible candidate in the8
next election for assessor whether the next election is to fill the unexpired term9
of office or for a new term.10
ARTICLE X. PUBLIC OFFICIALS AND EMPLOYEES11
* * *12
§27. Filling of Vacancies13
Section 27.(A)(1) Gubernatorial Appointment; Election. If no other14
provision therefor is made by this constitution, by statute, by local government15
charter, by home rule charter or plan of government, or by ordinance, the governor16
may fill a vacancy occurring in any elective office. When a vacancy occurs in the17
office and the unexpired portion of the term exceeds one year, the vacancy shall be18
filled at an election, as provided by law, and the appointment shall be effective only19
until a successor takes office.20
(2) In the event the elected official voluntarily leaves office prior to the21
expiration of the term, the person appointed to the office pursuant to22
Subparagraph (1) of this Paragraph shall not be an eligible candidate for that23
office in the next election whether the next election is to fill the unexpired term24
of office or for a new term.25
* * *26
Section 2. Be it further resolved that this proposed amendment shall be submitted27
to the electors of the state of Louisiana at the statewide election to be held on November 2,28
2010.29 SB NO. 325
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Section 3. Be it further resolved that on the official ballot to be used at said election1
there shall be printed a proposition, upon which the electors of the state shall be permitted2
to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall3
read as follows:4
To provide that when a vacancy occurs in the office of sheriff, district5
attorney, clerk of a district court, coroner, tax assessor or in certain other6
local elected offices as a result of the incumbent voluntarily leaving office7
prior to the end of the term, the person who is appointed or otherwise8
designated to fill such office shall not be an eligible candidate for that office9
in the next election. (Amends Article V, Section 30; Article VI, Section10
13(A); Article VII, Section 24(C); and Article X, Section 27(A))11
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Dawn Romero Watson.
DIGEST
Present constitution provides that when a vacancy occurs in the following offices, the duties
of the office, until it is filled by election as provided by law, are to be assumed by the
persons herein designated:
(1)Sheriff, by the chief criminal deputy.
(2)District attorney, by the first assistant.
(3)Clerk of a district court, by the chief deputy.
(4)Coroner, by the chief deputy.
Proposed constitution adds that if the sheriff, district attorney, clerk of the district court, or
coroner voluntarily leaves office prior to the end of his term, the person assuming the office
shall not be an eligible candidate in the next election to fill the office whether the next
election is for the unexpired term of that office or for a new term.
Present constitution, regarding local government, provides that when a vacancy occurs in
any local elected office wholly within the boundaries of a local government subdivision or
a school district, it shall be filled by an appointment by the particular governing authority
of the local governmental subdivision or school district until it is filled by election.
Proposed constitution adds that if the elected official voluntarily leaves office prior to the
expiration of the term, the person appointed to fill such vacancy shall not be an eligible
candidate for such office in the next election whether the next election is to fill the unexpired
term of that office or for a new term.
Present constitution provides that when a vacancy occurs in the office of tax assessor, the
duties of the office, until filled by election, shall be assumed by the chief deputy assessor. SB NO. 325
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Proposed constitution adds that in the event the assessor voluntarily leaves office prior to the
expiration of the term, the chief deputy assessor shall not be an eligible candidate for
assessor in the next election whether the next election is to fill the unexpired term of that
office or for a new term.
Present constitution provides for the governor to make an appointment if there is a vacancy
in an elected office for which no provision of present constitution, present law, local
government charter or plan of government or ordinance provides for the filling of such
vacancy.
Proposed constitution adds that if the elected official voluntarily leaves office prior to the
expiration of the term, the governor's appointee shall not be an eligible candidate for such
office in the next election whether the next election is to fill the unexpired term of that office
or for a new term.
Specifies submission of the amendment to the voters at the statewide election to be held on
November 2, 2010.
(Amends Const. Art. V, Sec. 30; Art. VI, Sec. 13(A); Art. VII, Sec. 24(C); and Art. X, Sec.
27(A))