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Regular Session, 2010
SENATE BILL NO. 608
BY SENATOR CLAITOR
ELECTION CODE. Provides relative to major recognized political parties in congressional
elections. (1/1/11)
AN ACT1
To amend and reenact R.S. 18:401(B)(2)(a)(i), 402(B)(1) and (2), 1275.1(A), 1275.3(B),2
1275.11(D)(1), 1275.13, 1275.14(A) and (A)(1) and (2) and (B)(1), 1275.15,3
1275.16, 1275.17(A), and 1275.19, and to enact R.S. 18:2(4.1), relative to4
congressional elections; to provide relative to major recognized political parties in5
primary elections; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 18:401(B)(2)(a)(i), 402(B)(1) and (2), 1275.1(A), 1275.3(B),8
1275.11(D)(1), 1275.13, 1275.14(A) and (A)(1) and (2) and (B)(1), 1275.15, 1275.16,9
1275.17(A), and 1275.19 are hereby amended and reenacted, and R.S. 18:2(4.1) is hereby10
enacted, to read as follows:11
§2. Definitions12
As used in this Code, the following words and terms shall have the meanings13
hereinafter ascribed to each, unless the context clearly indicates another meaning:14
* * *15
(4.1) "Major recognized political party" means a political party that has16
been recognized in this state pursuant to R.S. 18:441, and forty thousand or17 SB NO. 608
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more registered voters in the state are registered as being affiliated with such1
political party.2
* * *3
§401. Purpose and nature of primary and general elections4
* * *5
B. Nature. (1) * * *6
(2)(a) In the election of persons to congress, the following shall apply:7
(i) In party primary elections, major recognized political parties shall make8
all nominations of candidates by direct primary elections held under the provisions9
of this Chapter. In party primary elections, each qualified voter may vote only on10
the candidates for public office who are affiliated with the same political party with11
which the voter is affiliated. In primary elections, each qualified voter who is not12
affiliated with a recognized political party may choose to vote in one major13
recognized political party's primary elections, except as otherwise provided by R.S.14
18:1275.1.15
* * *16
§402. Dates of primary and general elections17
* * *18
B. Congressional elections. Elections for members of Congress and officers19
elected at the same time as members of Congress shall be held every two years,20
beginning in 1982.21
* * *22
(1) Congressional first party primary elections for major recognized23
political parties shall be held on the first Saturday in September of an election year.24
(2) Congressional second party primary elections for major recognized25
political parties and primary elections for officers elected at the same time as26
members of Congress shall be held on the first Saturday in October of an election27
year.28
* * *29 SB NO. 608
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§1275.1. Purpose and nature of congressional primary and general elections1
A. Nature of primary elections. All major recognized political parties shall2
make all nominations of candidates for United States senator or United States3
representative by direct primary elections held under the provisions of this Part and4
applicable general election law. In congressional primary elections, each qualified5
voter of this state may vote only on the candidates for public office who are affiliated6
with the same political party with which the voter is affiliated. In congressional7
primary elections, each qualified voter of this state who is not affiliated with a8
recognized political party may choose to vote in a major recognized political party's9
primary elections, unless the state central committee of such political party in its10
rules and regulations prohibits unaffiliated voters from participating in its primary11
elections. If a major recognized political party prohibits unaffiliated voters from12
participating in its primary elections, the state central committee of such party shall13
give written notice to the secretary of state of such prohibition, including a copy of14
the rules and regulations containing such prohibition, no later than January first of15
the year in which regularly scheduled congressional elections are to be held, or no16
later than the forty-sixth day prior to a special first party primary election. The17
notice, once filed with the secretary of state, shall be effective until the major18
recognized political party notifies the secretary of state in writing of a change. Any19
such notice of a change shall be filed with the secretary of state no later than January20
first of the year in which regularly scheduled congressional elections are to be held,21
or no later than the forty-sixth day prior to a special first party primary election.22
Should more than one political party not prohibit nonaffiliated voters to participate23
from participating in the party primary, the participating voter shall select only one24
party ballot to vote on in the primary election.25
* * *26
§1275.3. Manner of qualifying for the first party primary election27
* * *28
B. A person who desires to become a candidate in the first party primary29 SB NO. 608
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election must be affiliated with a major recognized political party. A person may1
qualify as a candidate only in the first party primary election of the party with which2
he is affiliated as shown on his voter registration.3
* * *4
§1275.11. Reopening of qualifying period; effect5
* * *6
D. Effect on primary election. (1) If the qualifying period for candidates7
reopens for any major recognized political party within thirty days before a first8
party primary election, all the votes cast in the first party primary election for that9
public office are void, unless the qualifying period for the office reopened and closed10
without additional candidates qualifying for the office. If additional candidates11
qualify for the office and the votes for the first party primary will be void for that12
reason, the secretary of state shall immediately publish in the official journal of the13
state a notice to the electorate that the election for that office has been voided14
because new candidates qualified. Such notice shall include the dates for the15
rescheduled first party primary, second party primary, and general elections.16
* * *17
§1275.13. Majority vote required; second primary18
No candidate for office shall be declared nominated to the office he seeks if19
such candidate has received less than a majority of the votes cast in a first party20
primary, and a second party primary shall be held for those offices for which no21
candidate received a majority of the votes cast in the first party primary. The second22
party primary shall be held in accordance with the provisions of this Part. If only one23
candidate from a major recognized political party qualifies for the office, that24
candidate shall be declared the nominee of such party.25
§1275.14. Second primary; effect of tie vote, withdrawal or death of a candidate26
A. In the event that no candidate receives a majority vote in the first party27
primary, the two candidates from each major recognized political party, who28
received the greatest number of votes in the first party primary shall be voted on in29 SB NO. 608
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the second party primary.1
(1) In the case of a tie vote for first place in the first party primary of a major2
recognized political party, all candidates affiliated with the same political party who3
received the same highest number of votes qualify for the second party primary.4
(2) In the case of a tie vote for second place in the first party primary of a5
major recognized political party, all of the candidates affiliated with the same6
political party who received the same second highest number of votes and the7
candidate affiliated with the same political party who received the highest number8
of votes qualify for the second party primary.9
* * *10
B.(1) The state central committee of a major recognized political party may11
provide for the selection of a nominee in either of the following situations:12
(a) When a candidate withdraws after the close of the qualifying period and13
before the time for closing the polls on the day of the second party primary election,14
thereby leaving the major recognized political party with no nominee.15
(b) When a candidate dies after the first party primary election and before the16
time for closing the polls on the day of the second party primary election, thereby17
leaving the major recognized political party with no nominee.18
* * *19
§1275.15. Candidates who qualify for a general election20
All nominations by major recognized political parties for the general election21
shall be in accordance with the provisions relative to primary elections. If a22
candidate from a major recognized political party receives a majority of the votes23
cast in the first party primary, he shall be the party nominee and qualify for the24
general election. If there is only one candidate remaining after the death or25
withdrawal of a candidate after the first party primary, the remaining candidate from26
the major recognized political party shall be the party nominee and qualify for the27
general election. A nominee selected in accordance with R.S. 18:1275.14(B) or (C)28
shall qualify for the general election. If no candidate from a major recognized29 SB NO. 608
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political party receives a majority in the first party primary, the candidate from the1
major recognized political party who receives the highest number of votes in the2
second party primary shall be the party nominee and qualify for the general election.3
§1275.16. Number of candidates who may qualify for a general election4
The number of candidates for an office who may qualify for the general5
election by party nomination is one candidate from each major recognized political6
party.7
§1275.17. Candidates not affiliated with a major recognized political party;8
qualifying for the general election9
A. Any person desiring to become a candidate in a general election who is10
not registered as being affiliated with a major recognized political party shall file his11
notice of candidacy which shall be accompanied by either a ballot access petition or12
by the qualifying fee required for state candidates as provided in R.S. 18:464. The13
number of signatures required on a ballot access petition shall be the same as the14
number required for candidates seeking the same office in the first party primary15
election as set forth in this Part.16
* * *17
§1275.19. Nomination of candidates in a party primary election; general election;18
unopposed candidate19
A. If, after the close of the qualifying period for candidates in a first party20
primary election, only one candidate qualifies for nomination by a major recognized21
political party for an office or only one candidate for nomination by a major22
recognized political party for an office remains after the withdrawal of one or more23
candidates, such candidate shall be declared the nominee of the party, and his name24
shall not appear on the ballot in the second party primary election but shall be on the25
ballot for the general election. If the first or second party primary election ballot was26
printed with the name of a candidate who withdrew on it, any votes received by a27
candidate who withdrew shall be void and shall not be counted for any purpose28
whatsoever.29 SB NO. 608
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B. If, after the close of the qualifying period for candidates for the public1
office of United States senator or representative in congress and, if applicable, after2
the expiration of the time period for a major recognized political party to select a3
nominee pursuant to R.S. 18:1275.14(B) only one candidate qualifies for the first4
party primary election or general election or only one candidate remains after the5
withdrawal of one or more candidates, such candidate shall be declared elected by6
the people at the close of the polls on the day of the general election, and his name7
shall not appear on the ballot in a first party primary or second party primary, if8
applicable, and such candidate's name shall not appear on the general election ballot.9
Section 2. This Act shall become effective on January 1, 2011.10
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Present law provides relative to the election of U.S. senators and representatives in Congress.
Present law provides for a closed primary system for the election of congressional
candidates, which includes first party primary, second party primary, and general elections.
Proposed law retains present law but adds provisions relative to party primaries and major
recognized political parties.
Proposed law provides that "major recognized political party" means a political party that
has been recognized in this state pursuant to present law and 40,000 or more registered
voters in the state are registered as being affiliated with such political party.
Proposed law provides that in party primary elections, major recognized political parties
make all nominations of candidates by direct primary elections held under the provisions of
present law. Proposed law provides that in party primary elections, each qualified voter may
vote only on the candidates for public office who are affiliated with the same political party
with which the voter is affiliated. Proposed law provides that in primary elections, each
qualified voter who is not affiliated with a recognized political party may choose to vote in
one major recognized political party's primary elections, except as otherwise provided by
present law.
Proposed law provides that congressional first party primary elections for major recognized
political parties will be held on the 1st Saturday in September of an election year, and
congressional second party primary elections for major recognized political parties and
primary elections for officers elected at the same time as members of Congress will be held
on the 1st Saturday in October of an election year.
Proposed law provides that all major recognized political parties will make all nominations
of candidates for United States senator or United States representative by direct primary
elections and general election law. Proposed law provides that in congressional primary
elections, each qualified voter of this state may vote only on the candidates for public office
who are affiliated with the same political party with which the voter is affiliated. Proposed SB NO. 608
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law provides that in congressional primary elections, each qualified voter of this state who
is not affiliated with a recognized political party may choose to vote in a major recognized
political party's primary elections, unless the state central committee of such political party
in its rules and regulations prohibits unaffiliated voters from participating in its primary
elections. Proposed law provides that if a major recognized political party prohibits
unaffiliated voters from participating in its primary elections, the state central committee of
such party must give written notice to the secretary of state of such prohibition, including
a copy of the rules and regulations containing such prohibition, no later than January 1
st
of
the year in which regularly scheduled congressional elections are to be held, or no later than
the 46
th
day prior to a special first party primary election, which notice, once filed with the
secretary of state, is effective until the major recognized political party notifies the secretary
of state in writing of a change. Proposed law provides that any such notice of a change is to
be filed with the secretary of state no later than January 1
st
of the year in which regularly
scheduled congressional elections are to be held, or no later than the 46
th
day prior to a
special first party primary election. Proposed law provides that should more than one
political party not prohibit nonaffiliated voters from participating in the party primary, the
participating voter is to select only one party ballot to vote on in the primary election.
Proposed law provides that a person who desires to become a candidate in the first party
primary election must be affiliated with a major recognized political party. A person may
qualify as a candidate only in the first party primary election of the party with which he is
affiliated as shown on his voter registration.
Proposed law provides that if the qualifying period for candidates reopens for any major
recognized political party within 30 days before a first party primary election, all the votes
cast in the first party primary election for that public office are void, unless the qualifying
period for the office reopened and closed without additional candidates qualifying for the
office.
Proposed law provides that the second party primary will be held in accordance with the
provisions of present law, and if only one candidate from a major recognized political party
qualifies for the office, that candidate is to be declared the nominee of such party.
Proposed law provides that in the event that no candidate receives a majority vote in the first
party primary, the two candidates from each major recognized political party, who received
the greatest number of votes in the first party primary is to be voted on in the second party
primary.
Proposed law provides that in the case of a tie vote for first place in the first party primary
of a major recognized political party, all candidates affiliated with the same political party
who received the same highest number of votes qualify for the second party primary.
Proposed law provides that in the case of a tie vote for second place in the first party primary
of a major recognized political party, all of the candidates affiliated with the same political
party who received the same second highest number of votes and the candidate affiliated
with the same political party who received the highest number of votes qualify for the
second party primary.
Proposed law provides that the state central committee of a major recognized political party
may provide for the selection of a nominee in either of the following situations:
(1)When a candidate withdraws after the close of the qualifying period and before the
time for closing the polls on the day of the second party primary election, thereby
leaving the major recognized political party with no nominee.
(2)When a candidate dies after the first party primary election and before the time for
closing the polls on the day of the second party primary election, thereby leaving the
major recognized political party with no nominee. SB NO. 608
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Proposed law provides that all nominations by major recognized political parties for the
general election will be in accordance with the provisions relative to primary elections.
Proposed law provides that if a candidate from a major recognized political party receives
a majority of the votes cast in the first party primary, he is the party nominee and qualifies
for the general election. Proposed law provides that if there is only one candidate remaining
after the death or withdrawal of a candidate after the first party primary, the remaining
candidate from the major recognized political party is to be the party nominee and qualifies
for the general election. Proposed law provides that a nominee selected in accordance with
present law qualifies for the general election. Proposed law provides that if no candidate
from a major recognized political party receives a majority in the first party primary, the
candidate from the major recognized political party who receives the highest number of
votes in the second party primary is to be the party nominee and qualifies for the general
election.
Proposed law provides that the number of candidates for an office who may qualify for the
general election by party nomination is one candidate from each major recognized political
party.
Proposed law provides that any person desiring to become a candidate in a general election
who is not registered as being affiliated with a major recognized political party must file his
notice of candidacy which must be accompanied by either a ballot access petition or by the
qualifying fee required for state candidates as provided in present law. Proposed law
provides that the number of signatures required on a ballot access petition must be the same
as the number required for candidates seeking the same office in the first party primary
election as set forth in present law and proposed law.
Proposed law provides that if after the close of the qualifying period for candidates in a first
party primary election, only one candidate qualifies for nomination by a major recognized
political party for an office or only one candidate for nomination by a major recognized
political party for an office remains after the withdrawal of one or more candidates, such
candidate is to be declared the nominee of the party, and his name will not appear on the
ballot in the second party primary election but will be on the ballot for the general election.
Proposed law provides that if after the close of the qualifying period for candidates for the
public office of United States senator or representative in congress and, if applicable, after
the expiration of the time period for a major recognized political party to select a nominee
pursuant to proposed law, only one candidate qualifies for the first party primary election
or general election or only one candidate remains after the withdrawal of one or more
candidates, such candidate is to be declared elected by the people at the close of the polls on
the day of the general election, and his name will not appear on the ballot in a first party
primary or second party primary, if applicable, and such candidate's name will not appear
on the general election ballot.
Effective January 1, 2011.
(Amends R.S. 18:401(B)(2)(a)(i), 402(B)(1) and (2), 1275.1(A), 1275.3(B), 1275.11(D)(1),
1275.13, 1275.14(A) and (A)(1) and (2) and (B)(1), 1275.15, 1275.16, 1275.17(A), and
1275.19; adds R.S. 18:2(4.1))