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Regular Session, 2010
SENATE BILL NO. 409
BY SENATOR LAFLEUR
SECRETARY OF STATE. Provides for the election of secretary of state by the legislature.
(See Act)
AN ACT1
To amend and reenact RS. 18:18.1(A), 421(A), and 1483(11), R.S. 36:741(B) and 743, R.S.2
39:1401(B)(6), and R.S. 49:206 and 221.1, and to enact R.S. 18:17 and 21, relative3
to the secretary of state; to provide for the election of the secretary of state by the4
elected members of each house; to provide for a recommendation commission and5
nominees; to provide for qualifications; to provide for qualifications for the office;6
to provide for the term of office of the secretary of state; to prohibit the secretary of7
state from holding other offices; to prohibit the secretary of state from engaging in8
political activities; to remove certain references to the secretary of state; to remove9
references to the first assistant to the secretary of state; to provide for effectiveness10
and implementation; and to provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 18:18.1(A), 421(A), and 1483(11) are hereby amended and reenacted13
and R.S. 18:17 and 21 are hereby enacted to read as follows: 14
§17. Secretary of state; appointment; qualifications; removal15
A. The secretary of state shall be appointed by the elected members of16
each house in the manner provided by R.S. 18:21, for a term of six years. The17 SB NO. 409
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secretary of state shall have attained the age of twenty-five years, be an elector1
of the state, have no less than three years of election administration experience,2
and have been a citizen of the United States and of the state for at least the3
preceding five years. The secretary of state shall hold no other public office4
except by virtue of his office as secretary of state.5
B. The secretary of state may only be removed from office during his6
term by the elected members of each house for malfeasance, willful misconduct7
related to his official duties, willful and persistent failure to perform his duty,8
gross misconduct, and the commission or conviction of a felony.9
C. A vacancy in the office of secretary of state shall be filled for the10
remainder of the term in the same manner as the original appointment.11
* * *12
§18.1. Political activities prohibited13
A. Neither the No person who serves as secretary of state or commissioner14
of elections nor any employee of the elections division within the Department of15
State who is in the unclassified state service shall participate or engage in political16
activity, including his own or any other candidacy for election to public office;17
membership on any national, state, or local committee of a political party or faction;18
making or soliciting contributions for any political party, faction, or candidate;19
taking active part in the management of the affairs of a political party, faction,20
candidate, or any political campaign, except to exercise his right as a citizen to21
express his opinion privately and to cast his vote as he desires.22
* * *23
§21. Secretary of State Recommendation Commission; election; procedures24
A. The Secretary of State Recommendation Commission is hereby25
established. The purpose of the commission shall be to submit to the legislature26
the name of any person or persons whom the commission recommends to27
permanently fill a vacancy in the office of secretary of state. It shall be28
comprised of the following members:29 SB NO. 409
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(1) The president and president pro tempore of the Senate.1
(2) The speaker and speaker pro tempore of the House of2
Representatives.3
(3) The chairman and vice chairman of the Legislative Audit Advisory4
Council.5
(4) The chairman, or vice chairman if designated to serve by the6
chairman, of each of the following committees:7
(a) Senate and Governmental Affairs Committee.8
(b) House and Governmental Affairs Committee.9
(c) Senate Finance Committee.10
(d) House Appropriations Committee.11
(e) Senate Revenue and Fiscal Affairs Committee.12
(f) House Ways and Means Committee.13
B. The commission shall notify the members of the legislature of a14
vacancy in the office of secretary of state within fifteen days after the15
occurrence of such vacancy.16
C. In addition to any other nominees considered by the commission for17
the office of secretary of state, the commission shall also consider any nominee18
submitted to the commission by a member of the legislature.19
D. The commission shall submit to the legislature its recommendation20
to fill the office of secretary of state not later than the convening of the next21
legislative session after the occurrence of the vacancy in the office of secretary22
of state.23
E. The secretary of state shall be elected by the concurrence of a24
majority of the elected members of each house and may be removed by the25
concurrence of two-thirds of the elected members of each house.26
* * *27
§421. Secretary of state; first assistant and other employees of the secretary of state28
A. The secretary of state is the chief election officer of the state. Except as29 SB NO. 409
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otherwise provided by law, the first assistant deputy secretary appointed by the1
secretary of state possesses all the powers and authority granted by law to the2
secretary of state and may perform any of the duties and exercise any of the3
functions of the secretary of state. The first assistant deputy secretary and other4
employees of the secretary of state are subject to his direction and supervision and5
shall perform the duties assigned to them by law and by the secretary of state. The6
secretary of state is responsible for the performance or nonperformance of their7
official duties by his first assistant deputy secretary and other employees.8
* * *9
§1483. Definitions10
As used in this Chapter, the following terms shall have the meanings herein11
given to each unless the context clearly indicates otherwise:12
* * *13
(11) "Major office" means the following offices: governor, lieutenant14
governor, secretary of state, attorney general, state treasurer, commissioner of15
agriculture, commissioner of insurance, the superintendent of education, public16
service commissioner, justice of the supreme court, court of appeal judge, district17
court judge in a judicial district comprised of a single parish with a population in18
excess of four hundred fifty thousand persons as determined by the most recently19
published decennial federal census where the election district is parishwide, as long20
as these offices are elective offices, and any candidate for office with an election21
district containing a population in excess of two hundred fifty thousand persons as22
determined by the most recently published decennial federal census.23
* * *24
Section 2. R.S. 36:741(B) and 743 are hereby amended and reenacted to read as25
follows: 26
§741. Department of State; creation; domicile; purposes and functions27
* * *28
B. The secretary of state shall serve at a salary fixed by the legislature and29 SB NO. 409
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the secretary shall serve as the executive head and chief administrative officer of1
the Department of State and shall have the responsibility for the policies of the2
department and for the administration, control, and operation of the functions,3
programs, and affairs of the department as provided by law.4
* * *5
§743. Deputy secretary6
There shall be a deputy secretary of the department, who shall be appointed7
by the secretary of state with consent of the Senate and who shall serve at the8
pleasure of the secretary of state at a salary fixed by the secretary of state, which9
salary shall not exceed the amount approved for such position by the legislature10
while in session. The deputy secretary shall be the first assistant to the secretary of11
state appointed pursuant to Article IV, Section 13 of the constitution. The duties and12
functions of the deputy secretary of state shall be determined and assigned by the13
secretary of state. He shall serve as acting secretary of state in the absence of the14
secretary of state as provided by law. 15
Section 3. R.S. 39:1401(B)(6) is hereby amended and reenacted to read as follows:16
§1401. State Bond Commission17
* * *18
B. Said members may be represented at meetings of the State Bond19
Commission by the persons designated as follows:20
* * *21
(6) The secretary of state, by the first assistant deputy secretary of state,22
undersecretary of management and finance, or by legal counsel for the Department23
of State;24
* * *25
Section 4. R.S. 49:206 and 221.1 are hereby amended and reenacted to read as26
follows:27
§206. Temporary absence of governor and lieutenant governor, order of those who28
shall act as governor29 SB NO. 409
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When both the governor and the lieutenant governor are temporarily absent1
from the state at the same time and neither can be contacted as a result of the2
existence of an emergency situation, the official whose title appears first in the3
following list and who is present in the state shall act as governor to maintain the4
necessary continuity of state government: 5
(1) The elected secretary of state;6
(2) The elected attorney general ;.7
(3)(2) The elected treasurer;.8
(4)(3) The presiding officer of the Senate; and.9
(5)(4) The presiding officer of the House of Representatives.10
* * *11
§221.1. Designees; powers12
The secretary of state is hereby authorized to designate the first assistant13
secretary of state, the undersecretary of management and finance, the deputy14
secretary of state, the confidential assistant, or the legal counsel for the Department15
of State to represent him at any meeting of any board, commission, or other public16
body of which the secretary of state is a member. In such a case, any action taken or17
vote made by said designee shall carry the full force and effect as if made by the18
secretary of state.19
Section 5. The secretary of state in office on the effective date of this Act shall20
continue to serve until noon on January 14, 2011, and his term of office shall end at that21
time. If the elected members of each house are not able to make an appointment in22
accordance with the provisions of this Act prior to the effective date of this Act, the elected23
members of each house shall appoint an interim secretary of state who shall take office at24
noon on January 14, 2011, and who shall serve until such time as the elected members of25
each house elects a secretary of state as provided in this Act.26
Section 6. This Act shall take effect and become operative if and when the proposed27
amendment of Article IV, Sections 3(A), 7, and 14 of the Constitution of Louisiana and the28
proposal to amend Article XIV of the Constitution of Louisiana by adding a new Part IV,29 SB NO. 409
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to be comprised of Section 41, all contained in the Act which originated as Senate Bill No.1
______ of this 2010 Regular Session of the Legislature is adopted at the statewide election2
to be held on November 2, 2010, and becomes effective.3
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Tim Prather.
DIGEST
Present constitution provides that there will be a Department of State, headed by the
secretary of state. Provides that the secretary of state will be the chief election officer for the
state and provides for other specified duties. Present constitution provides in part that the
secretary of state will be elected for a four-year term at the time of election of members of
the legislature and that the secretary's term begins at noon on the second Monday in Jan.
after the election. Present constitution provides qualifications of statewide elected officials.
Requires that to be eligible, by the date of his qualification as a candidate, a person will have
attained age 25, be an elector, and have been a citizen of the U.S. and of La. for at least the
preceding five years. Provides that during his tenure in office, a statewide elected official
will hold no other public office except by virtue of his elected office.
Proposed law creates the Secretary of State Recommendation Commission that will submit
to the legislature the name of any person or persons whom the commission recommends to
permanently fill a vacancy in the office of secretary of state.
Proposed law provides that the commission will be comprised of the following members:
* The president and president pro tempore of the Senate.
* The speaker and speaker pro tempore of the House of Representatives.
* The chairman and vice chairman of the Legislative Audit Advisory Council.
* The chairman, or vice chairman if designated to serve by the chairman, of each of
the following committees:
Senate and Governmental Affairs Committee.
House and Governmental Affairs Committee.
Senate Finance Committee.
House Appropriations Committee.
Senate Revenue and Fiscal Affairs Committee.
House Ways and Means Committee.
Proposed law provides that the commission will notify the members of the legislature of a
vacancy in the office of secretary of state within 15 days after the occurrence of such
vacancy. The commission will submit to the legislature its recommendation to fill the office
of secretary of state not later than the convening of the next legislative session after the
occurrence of the vacancy in the office of secretary of state.
Proposed law provides that the secretary of state will be elected by the concurrence of a
majority of the elected members of each house and may be removed by the concurrence of SB NO. 409
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two-thirds of the elected members of each house and will serve a term of six years.
Proposed law requires the secretary of state to have the same qualifications as provided by
present constitution for statewide elected officials; additionally requires the secretary of state
to have no less than three years of election administration experience, and prohibits the
secretary of state from holding any other public office except by virtue of his office as
secretary. Provides that the secretary of state serve at a salary fixed by the legislature.
Proposed law provides that if the recommendation commission fails to submit nominees in
the time required, the legislature will make the appointment of a qualified person without
nominees. Provides that a vacancy in the office will be filled in the same manner as the
original appointment.
Proposed law additionally provides that the secretary of state may only be removed from
office during his term by the legislature for malfeasance, willful misconduct related to his
official duties, willful and persistent failure to perform his duty, gross misconduct, and the
commission or conviction of a felony.
Present law prohibits the commissioner of elections and any employee of the elections
division within the Dept. of State who is in the unclassified state service from participating
or engaging in political activity, including his own or any other candidacy for election to
public office; membership on any national, state, or local committee of a political party or
faction; making or soliciting contributions for any political party, faction, or candidate;
taking active part in the management of the affairs of a political party, faction, candidate, or
any political campaign, except to exercise his right as a citizen to express his opinion
privately and to cast his vote as he desires.
Proposed law additionally prohibits the secretary of state from participating or engaging in
political activity and otherwise retains present law.
Proposed law removes reference to the elected secretary of state as a person authorized to
act as governor in the temporary absence of the governor and lieutenant governor and
removes reference to the secretary of state as a "major office candidate" for purposes of the
Campaign Finance Disclosure Act.
Present law provides that when the secretary of state appoints a deputy secretary, he will be
the first assistant to the secretary appointed pursuant to Const. Art. IV, §13. Further provides
that the first assistant will serve as acting secretary of state in the absence of the secretary
of state as provided by law.
Present law additionally provides relative to persons authorized to serve as a designee of the
secretary of state and makes reference to the first assistant.
Proposed law retains provisions for a deputy secretary but removes references to such deputy
secretary being the first assistant appointed pursuant to the constitution and additionally
removes references to the first assistant secretary of state and provides instead that the
deputy secretary is authorized to serve as a designee of the secretary of state.
Proposed law provides for the legislature to appoint an interim secretary of state to take
office at noon on Jan. 14, 2011, if the legislature is unable to elect a secretary of state in
accordance with the Act prior to the effective date of the Act and provides that such interim
secretary of state shall serve until a secretary of state is elected as provided in the Act. SB NO. 409
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Effective if and when the proposed constitutional amendment (SB No. ____, 2010 R.S.)
providing for the election of the secretary of state by the elected members of each house is
adopted and becomes effective.
(Amends R.S. 18:18.1(A), 421(A), and 1483(11), R.S. 36:741(B) and 743, R.S.
39:1401(B)(6), and R.S. 49:206, and 221.1; adds R.S. 18:17 and 21)