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Regular Session, 2010
SENATE BILL NO. 369
BY SENATOR CLAITOR
ELECTED OFFICIALS. Constitutional amendment to provide that any person who is
appointed to fill a vacancy in an elected office shall not be eligible to be a candidate for
election to that office. (2/3-CA13s1(A))
A JOINT RESOLUTION1
Proposing to amend Article IV, Sections 15 and 16(A), Article V, Section 30, Article VI,2
Section 13(A), Article VII, Section 24(C), Article VIII, Section 3(C), and Article X,3
Section 27(A) of the Constitution of Louisiana, relative to state elected officials; to4
provide relative to the eligibility; and to specify an election for submission of the5
proposition to 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 IV,9
Sections 15 and 16(A), Article V, Section 30, Article VI, Section 13(A), Article VII, Section10
24(C), Article VIII, Section 3(C), and Article X, Section 27(A) of the Constitution of11
Louisiana, to read as follows:12
ARTICLE IV. EXECUTIVE BRANCH13
§15. Vacancy in Office of Lieutenant Governor14
Section 15. Should a vacancy occur in the office of lieutenant governor, the15
governor shall nominate a lieutenant governor, who shall take office upon16
confirmation by a majority vote of the elected members of each house of the17 SB NO. 369
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legislature. If the unexpired term exceeds one year, such person shall serve as1
lieutenant governor only until the office is filled as provided in Section 16(B) of this2
Article. The nominee who fills the vacancy in the office of lieutenant governor3
shall be ineligible as a candidate at the election to fill the vacancy.4
§16. Vacancies in Statewide Elective Offices5
Section 16.(A) A vacancy in a statewide elective office other than that of6
governor or lieutenant governor shall be filled by the first assistant , who shall be7
ineligible as a candidate at the election to fill the vacancy. If the unexpired term8
exceeds one year, the first assistant shall serve only until the person elected as9
provided in Paragraph (B) of this Section takes office.10
* * *11
ARTICLE V. JUDICIAL BRANCH12
§30. Vacancies13
Section 30. When a vacancy occurs in the following offices, the duties of the14
office, until it is filled by election as provided by law, shall be assumed by the15
persons herein designated: (1) sheriff, by the chief criminal deputy; (2) district16
attorney, by the first assistant; (3) clerk of a district court, by the chief deputy; (4)17
coroner, by the chief deputy. If there is no such person to assume the duties when18
the vacancy occurs, the governing authority or authorities of the parish or parishes19
concerned shall appoint a qualified person to assume the duties of the office until20
filled by election. Such person shall be ineligible as a candidate at the election21
to fill the vacancy.22
ARTICLE VI. LOCAL GOVERNMENT23
§13. Vacancies24
Section 13.(A) Vacancy; Appointment. Except as otherwise provided by this25
constitution, a vacancy in any local office filled by election wholly within the26
boundaries of a local governmental subdivision or a school district shall be filled by27
appointment by the particular governing authority of the local governmental28
subdivision or school district in which the vacancy occurs, until it is filled by29 SB NO. 369
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election as provided by law. The appointee shall be ineligible as a candidate at1
the election to fill the vacancy. 2
* * *3
ARTICLE VII. REVENUE AND FINANCE4
§24. Tax Assessors5
Section 24.(A) Election; Term.6
* * *7
(C) Vacancy. When a vacancy occurs in the office of tax assessor, the duties8
of the office, until filled by election as provided by law, shall be assumed by the9
chief deputy assessor, who shall be ineligible as a candidate at the election to fill10
the vacancy.11
ARTICLE VIII. EDUCATION12
§3. State Board of Elementary and Secondary Education13
Section 3.(A) Creation; Functions.14
* * *15
(C) Vacancy. A vacancy in the office of an elected member, if the remaining16
portion of the term is more than one year, shall be filled for the remainder of the term17
by election, as provided by law. Other vacancies shall be filled for the remainder of18
the term by appointment by the governor. The appointee shall be ineligible as a19
candidate at the election to fill the vacancy.20
ARTICLE X. PUBLIC OFFICIALS AND EMPLOYEES21
§27. Filling of Vacancies22
Section 27.(A) Gubernatorial Appointment; Election. If no other provision23
therefor is made by this constitution, by statute, by local government charter, by24
home rule charter or plan of government, or by ordinance, the governor may fill a25
vacancy occurring in any elective office. When a vacancy occurs in the office and26
the unexpired portion of the term exceeds one year, the vacancy shall be filled at an27
election, as provided by law, and the appointment shall be effective only until a28
successor takes office, and the appointee shall be ineligible as a candidate at the29 SB NO. 369
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election to fill the vacancy.1
* * *2
Section 2. Be it further resolved that this proposed amendment shall be submitted3
to the electors of the state of Louisiana at the statewide election to be held on November 2,4
2010.5
Section 3. Be it further resolved that on the official ballot to be used at said election6
there shall be printed a proposition, upon which the electors of the state shall be permitted7
to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall8
read as follows:9
To provide that any person who is appointed or otherwise designated to fill10
a vacancy in an elected office shall not be eligible to be a candidate at the11
election to fill the vacancy in that office. (Amends Constitution Article IV,12
Sections 15 and 16(A), Article V, Section 30, Article VI, Section 13(A),13
Article VII, Section 24(C), Article VIII, Section 3(C), and Article X, Section14
27(A))15
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Present constitution provides that should a vacancy occur in the office of lieutenant
governor, the governor is to nominate a lieutenant governor, who takes office upon
confirmation by a majority vote of the elected members of each house of the legislature.
Present constitution provides that a vacancy in a statewide elective office other than that of
governor or lieutenant governor is to be filled by the first assistant .
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.
Present constitution further provides that if there is no such person to assume the duties
when the vacancy occurs, the governing authority or authorities of the parish or parishes
concerned are to appoint a qualified person to assume the duties of the office until filled by SB NO. 369
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election.
Present constitution provides that a vacancy in any local office filled by election wholly
within the boundaries of a local governmental subdivision or a school district is to be filled
by appointment by the particular governing authority of the local governmental subdivision
or school district in which the vacancy occurs, until it is filled by election as provided by
law.
Present constitution provides that when a vacancy occurs in the office of tax assessor, the
duties of the office, until filled by election as provided by law, are to be assumed by the chief
deputy assessor.
Present constitution provides that a vacancy in the office of an elected member of the Board
of Elementary and Secondary Education (BESE), if the remaining portion of the term is
more than one year, is to be filled for the remainder of the term by election, as provided by
present law. Other vacancies are to be filled for the remainder of the term by appointment
by the governor.
Present constitution provides that if no other provision therefor is made by present
constitution, present law, local government charter, home rule charter or plan of government,
or ordinance, then the governor may fill a vacancy occurring in any elective office. When
a vacancy occurs in the office and the unexpired portion of the term exceeds one year, the
vacancy is to be filled at an election, as provided by present law, and the appointment is
effective only until a successor takes office.
Proposed constitutional amendment provides that any person who is appointed or otherwise
designated to fill a vacancy in an elected office shall not be eligible to be a candidate at the
election to fill the vacancy in that office.
Specifies submission of the amendment to the voters at the statewide election to be held on
November 2, 2010.
(Amends Const. Art. IV, Sec. 15 and 16(A), Art. V, Sec. 30, Art. VI, Sec. 13(A), Art. VII,
Sec. 24(C), Art. VIII, Sec. 3(C), and Art. X, Sec. 27(A))