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Regular Session, 2010
SENATE BILL NO. 464
BY SENATOR HEBERT
ELECTED OFFICIALS. Constitutional Amendment to change term limits for certain
elected officials and the percentage of the vote required to be eligible for successive terms
of office. (2/3-CA13s1(A)) (1/31/12)
A JOINT RESOLUTION1
Proposing to amend Article IV, Section 3(C) and 22(B), and to add Article IV, Section2
22(C), of the Constitution of Louisiana, relative to limitations on terms of office of3
certain elected officials; to provide percentages of the vote required to be eligible for4
successive terms of office; 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
Section 3(C) and 22(B), and to add Article IV, Section 22(C), of the Constitution of10
Louisiana, to read as follows:11
ARTICLE IV. EXECUTIVE BRANCH12
§3. Election; Term; Limitations13
Section 3.(A) * * *14
* * *15
(C) Additional Limitation Limitations. (1) Except as provided by this16
constitution, no official shall be elected statewide.17 SB NO. 464
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(2) Candidates for the offices of lieutenant governor, secretary of state,1
attorney general, treasurer, commissioner of agriculture, and commissioner of2
insurance shall be subject to the following limitations:3
(a) In order for a person who has been elected to a second consecutive4
term of office to be eligible as a candidate in the election for a successive term5
to that office, that person must have received sixty percent or more of the votes6
cast in the election to his second consecutive term.7
(b) In order for a person who has been elected to a third consecutive8
term of office to be eligible as a candidate in the election for a successive term9
to that office, that person must have received seventy percent or more of the10
votes cast in the election to his third consecutive term.11
(c) In order for a person who has been elected to a fourth consecutive12
term of office to be eligible as a candidate in the election for a successive term13
to that office, that person must have received eighty percent or more of the14
votes cast in the election to his fourth consecutive term.15
(d) In order for a person who has been elected to a fifth consecutive term16
of office to be eligible as a candidate in the election for any subsequent17
successive term, that person must have received ninety percent or more of the18
votes cast in the election to his previous consecutive term.19
(3) If a person fails to qualify as a candidate for or fails to be elected to20
a consecutive term of office, but subsequently seeks to be a candidate for the21
same office at a later date, not less than four years from the expiration of his22
most recent term of office, then the limitations contained in Subparagraph (2)23
of this Paragraph shall apply beginning with Subsubparagraph (a) of that24
Subparagraph.25
* * *26
§22. Term Limits; Certain Boards and Commissions ; Limitations27
* * *28
(B) Candidates for the Public Service Commission and the Board of29 SB NO. 464
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Elementary and Secondary Education shall be subject to the following1
limitations:2
(1) In order for a person who has been elected to a second consecutive3
term to be eligible as a candidate in the election for a successive term, that4
person must have received sixty percent or more of the votes cast in the election5
to his second consecutive term.6
(2) In order for a person who has been elected to a third consecutive7
term to be eligible as a candidate in the election for a successive term, that8
person must have received seventy percent or more of the votes cast in the9
election to his third consecutive term.10
(3) In order for a person who has been elected to a fourth consecutive11
term to be eligible as a candidate in the election for a successive term, that12
person must have received eighty percent or more of the votes cast in the13
election to his fourth consecutive term.14
(4) In order for a person who has been elected to a fifth consecutive term15
of office to be eligible as a candidate in the election for any subsequent16
successive term, that person must have received ninety percent or more of the17
votes cast in the election to his previous consecutive term.18
(5) If a person fails to qualify as a candidate for or fails to be elected to19
a consecutive term of office, but subsequently seeks to be a candidate for the20
same office at a later date, not less than four years from the expiration of his21
most recent term of office, then the limitations contained in this Paragraph shall22
apply beginning with Subparagraph (1) of this Paragraph.23
C. This Section shall not apply to any person who is serving on any such24
board or commission on the effective date of this Section, except that it shall apply25
to any term of service of any such person that begins after such date.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. 464
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Section 3. Be it further resolved that this proposed amendment, if approved by the1
electors, shall become effective on January 31, 2012.2
Section 4. Be it further resolved that on the official ballot to be used at said election3
there shall be printed a proposition, upon which the electors of the state shall be permitted4
to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall5
read as follows:6
Provides that in order for a person who has been elected to a second or7
subsequent consecutive term of office as lieutenant governor, secretary of8
state, attorney general, treasurer, commissioner of agriculture, commissioner9
of insurance, member of Public Service Commission, or member of Board10
of Elementary and Secondary Education to be eligible as a candidate in the11
election for a third or subsequent successive term of office, that person must12
have received sixty percent or more of the vote in the election for his second13
term, seventy percent or more of the vote in the election for his third term,14
eighty percent or more of the vote in the election for his fourth term, and15
ninety percent or more of the vote in the election for his fifth and subsequent16
successive terms. (Amends Article IV, Section 3(C) and 22(B); adds Article17
IV, Section 22(C))18
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Proposed constitutional amendment provides that in order for a person who has been elected
to a second or subsequent consecutive term of office as lieutenant governor, secretary of
state, attorney general, treasurer, commissioner of agriculture, commissioner of insurance,
member of Public Service Commission, or member of Board of Elementary and Secondary
Education to be eligible as a candidate in the election for a third or subsequent successive
term, that person must have received 60% or more of the vote in the election for his second
term, 70% or more of the vote in the election for his third term, 80 % or more of the vote in
the election for his fourth term, and 90% or more of the vote in the election for his fifth and
subsequent successive terms.
Proposed constitutional amendment further provides that if a person fails to qualify as a
candidate for or fails to be elected to a consecutive term of office, but subsequently seeks
to be a candidate for the same office at a later date, not less than four years from the
expiration of his most recent term of office, then the limitations contain in proposed
constitutional amendment begin anew. SB NO. 464
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Specifies submission of the amendment to the voters at the statewide election to be held on
November 2, 2010.
Effective January 31, 2012.
(Amends Const. Art. IV, Sec. 3(C) and 22(B); adds Const. Art. IV, Sec. 22(C))