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Regular Session, 2010
SENATE BILL NO. 653
BY SENATOR HEBERT
LOCAL OFFICIALS. Provides that under certain circumstances a person who fills a
vacancy in a local elected office will not be an eligible candidate in the next election held
for such office. (8/15/10)
AN ACT1
To amend and reenact R.S. 18:602(A), (B), (C), (D), (E)(1)(a) and (b), (3) and (4) and (F),2
relative to vacancies in certain local and municipal offices; to provide that in the case3
of a voluntary vacancy, the person who fills the vacancy is ineligible as a candidate4
in the next election for that office; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 18:602(A), (B), (C), (D), (E)(1)(a) and (b), (3) and (4) and (F) are7
hereby amended and reenacted to read as follows: 8
ยง602. Vacancies in certain local and municipal offices; exceptions9
A. (1) When a vacancy occurs in the office of a member of a parish or10
municipal governing authority or a combination thereof, a mayor, or any other local11
or municipal office, except an office covered by Subsections B and C hereof and12
except the office of judge, state legislator, or marshal of a city or municipal court,13
and the office is filled by election wholly within the boundaries of a local14
governmental subdivision, the governing authority of the local governmental15
subdivision where the vacancy occurs shall, within ten days, appoint a person to fill16
the vacancy who meets the qualifications of the office. However, if the deadline for17 SB NO. 653
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making the appointment falls on a Saturday, Sunday, or other legal holiday, then the1
next day which is not a Saturday, Sunday, or legal holiday shall be deemed to be the2
final day for making such appointment. The presiding officer of the governing3
authority shall not be required to vote on such an appointment to be made by the4
governing authority of a local governmental subdivision unless a tie vote occurs5
thereon, in which case he shall vote to break the tie; however, in no case shall the6
presiding officer vote more than once on the appointment.7
(2) In the event that the vacancy in the offices provided for in Paragraph8
(1) of this Subsection results from the elected official voluntarily leaving office9
prior to the expiration of his term, a person appointed to fill the office shall not10
be eligible as a candidate for such office in the next election whether the next11
election is to fill the unexpired term or for a new term.12
B. (1) When a vacancy occurs in the membership of a city or parish school13
board, the remaining members of the board shall, within ten days, declare that the14
vacancy has occurred and proceed to appoint a person who meets the qualifications15
of the office to fill the vacancy. However, if the deadline for making the appointment16
falls on a Saturday, Sunday, or other legal holiday, then the next day which is not a17
Saturday, Sunday, or legal holiday shall be deemed to be the final day for making18
such appointment. For the purposes of this Subsection, in addition to the definition19
of "vacancy" provided in R.S. 18:581, a "vacancy" in a city or parish school board20
office shall be deemed to have occurred when, in the case of a city school board, a21
member's residence no longer lies within the jurisdiction of the board or when, in the22
case of a parish school board, a member changes his domicile from the district he23
represents or, if elected after reapportionment, is domiciled outside the district he24
represents at the time he is sworn into office, any declaration of retention of domicile25
to the contrary notwithstanding.26
(2) In the event that the vacancy in the offices provided for in Paragraph27
(1) of this Subsection results from the elected official voluntarily leaving office28
prior to the expiration of his term, a person appointed to fill the office shall not29 SB NO. 653
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be eligible as a candidate for such office in the next election whether the next1
election is to fill the unexpired term or for a new term.2
C. (1) When a vacancy occurs in any of the following offices, the duties of3
the office shall be assumed by the person hereinafter designated: (1) district attorney,4
by the first assistant; (2) clerk of a district court, by the chief deputy; (3) coroner, by5
the chief deputy; (4) sheriff, by the chief criminal deputy, except that in a parish that6
has both a civil sheriff and a criminal sheriff, the civil sheriff by the chief civil7
deputy, and the criminal sheriff, by the chief criminal deputy, respectively; and (5)8
tax assessor, by the chief deputy assessor. If there is no such person to assume the9
duties when the vacancy occurs, the governing authority or authorities of the parish10
or parishes affected shall, within ten days, appoint a person having the qualifications11
of the office to assume the duties of the office. However, if the deadline for making12
the appointment falls on a Saturday, Sunday, or other legal holiday, then the next day13
which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day14
for making such appointment.15
(2) In the event that the vacancy in the offices provided for in Paragraph16
(1) of this Subsection results from the elected official voluntarily leaving office17
prior to the expiration of his term, a person appointed to fill the office pursuant18
to Paragraph (1) of this Subsection shall not be eligible as a candidate for such19
office in the next election whether the next election is to fill the unexpired term20
or for a new term.21
D. If a vacancy is not filled within the time specified in Subsections A, B, or22
C herein, the governor shall fill the vacancy. However, in the event that the23
vacancy in the office results from the elected official voluntarily leaving office24
prior to the expiration of his term, a person appointed to fill the office shall not25
be eligible as a candidate for such office in the next election whether the next26
election is to fill the unexpired term or for a new term.27
E.(1)(a) If the unexpired term of an office covered by Subsection A, B, or C28
above is one year or less, the person appointed to fill the vacancy or designated to29 SB NO. 653
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assume the duties of the office shall serve for the remainder of the unexpired term.1
However, in the event that the vacancy in the office results from the elected2
official voluntarily leaving office prior to the expiration of his term, a person3
appointed to fill the office shall not be eligible as a candidate for such office in4
the next election whether the next election is to fill the unexpired term or for a5
new term.6
(b) If any member of a parish or city school board is removed or suspended7
from office pursuant to the provisions of R.S. 42:1411, except in the parish of8
Jefferson, the person appointed to fill the vacancy or to perform the official acts,9
duties, and functions of that office during the period of suspension shall not be10
eligible in the next election as a candidate for the office to which he is appointed.11
* * *12
(3) The special election shall be held, without the necessity of a call by the13
governor, except in the case of a vacancy in the office of district attorney. When a14
special election is required, the appointee or person designated to assume the duties15
of the office shall serve only until the successor is elected and takes office.16
However, in the event that the vacancy in the office results from the elected17
official voluntarily leaving office prior to the expiration of his term, a person18
appointed to fill the office shall not be eligible as a candidate for such office in19
the next election whether the next election is to fill the unexpired term or for a20
new term.21
(4) If the unexpired term of a municipal office covered by Subsection A is22
one year or more, but the vacancy occurs within one year of the regular municipal23
primary election for that office, no special election will be called and the appointee24
shall serve for the remainder of the term of office. However, in the event that the25
vacancy in the office results from the elected official voluntarily leaving office26
prior to the expiration of his term, a person appointed to fill the office shall not27
be eligible as a candidate for such office in the next election whether the next28
election is to fill the unexpired term or for a new term.29 SB NO. 653
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F. Whenever multiple vacancies in a local or municipal governing authority1
or in a school board covered by Subsection A or B of this Section reduce the2
membership of such governing authority or board below the number of total3
members required to constitute a quorum to conduct official business, the remaining4
members shall immediately inform the governor of the existence of the vacancies.5
Within ten days after he receives this notice, the governor shall make appointments6
to fill all the vacancies and shall issue a proclamation calling special elections to fill7
such vacancies if special elections are required under the provisions of this Section.8
However, if the deadline for making the appointment or issuing the proclamation, if9
applicable, falls on a Saturday, Sunday, or other legal holiday, then the next day10
which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day11
for making such appointment or issuing such proclamation. In the event that the12
vacancies result from the elected officials voluntarily leaving office prior to the13
expiration of their terms, the persons appointed to fill the offices shall not be14
eligible as candidates for such offices in the next election whether the next15
election is to fill the unexpired terms or for new terms.16
* * *17
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 that when a vacancy occurs in the office of a member of a parish or
municipal governing authority or a combination thereof, a mayor, or any other local or
municipal office, except an office covered by present law and except the office of judge,
state legislator, or marshal of a city or municipal court, and the office is filled by election
wholly within the boundaries of a local governmental subdivision, the governing authority
of the local governmental subdivision where the vacancy occurs is to, within 10 days,
appoint a person to fill the vacancy who meets the qualifications of the office. However, if
the deadline for making the appointment falls on a Saturday, Sunday, or other legal holiday,
then the next day which is not a Saturday, Sunday, or legal holiday is deemed to be the final
day for making such appointment. The presiding officer of the governing authority is not
required to vote on such an appointment to be made by the governing authority of a local
governmental subdivision unless a tie vote occurs thereon, in which case he is to vote to
break the tie, but in no case can the presiding officer vote more than once on the
appointment.
Present law provides that when a vacancy occurs in the membership of a city or parish
school board, the remaining members of the board are to, within 10 days, declare that the
vacancy has occurred and proceed to appoint a person who meets the qualifications of the SB NO. 653
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office to fill the vacancy. If the deadline for making the appointment falls on a Saturday,
Sunday, or other legal holiday, then the next day which is not a Saturday, Sunday, or legal
holiday is deemed to be the final day for making such appointment. A "vacancy" in a city
or parish school board office is deemed to have occurred when, in the case of a city school
board, a member's residence no longer lies within the jurisdiction of the board or when, in
the case of a parish school board, a member changes his domicile from the district he
represents or, if elected after reapportionment, is domiciled outside the district he represents
at the time he is sworn into office, any declaration of retention of domicile to the contrary
notwithstanding.
Present law provides that when a vacancy occurs in any of the following offices, the duties
of the office are to be assumed by the person hereinafter designated: (1) district attorney, by
the first assistant; (2) clerk of a district court, by the chief deputy; (3) coroner, by the chief
deputy; (4) sheriff, by the chief criminal deputy, except that in a parish that has both a civil
sheriff and a criminal sheriff, the civil sheriff by the chief civil deputy, and the criminal
sheriff, by the chief criminal deputy, respectively; and (5) tax assessor, by the chief deputy
assessor. If there is no such person to assume the duties when the vacancy occurs, the
governing authority or authorities of the parish or parishes affected are to, within 10 days,
appoint a person having the qualifications of the office to assume the duties of the office.
If the deadline for making the appointment falls on a Saturday, Sunday, or other legal
holiday, then the next day which is not a Saturday, Sunday, or legal holiday is deemed to be
the final day for making such appointment.
Present law provides that if a vacancy is not filled within the time specified in present law,
then the governor fills the vacancy.
Present law provides that if the unexpired term of an office covered by present law is one
year or less, the person appointed to fill the vacancy or designated to assume the duties of
the office serves for the remainder of the unexpired term.
Present law provides that if any member of a parish or city school board is removed or
suspended from office pursuant to present law, except in the parish of Jefferson, the person
appointed to fill the vacancy or to perform the official acts, duties, and functions of that
office during the period of suspension is eligible in the next election as a candidate for the
office to which he is appointed.
Present law provides that if the unexpired term exceeds one year, the governing authority
of the local governmental subdivision in which the vacancy occurs, or the school board when
the vacancy occurs in its membership, or the governor when a vacancy occurs in the office
of district attorney or in an office for which there is not a single governing authority or as
provided in present law, within 10 days after the vacancy occurs, is to issue a proclamation
ordering a special election to fill the vacancy and is to specify in the proclamation, in
accordance with present law, the dates on which the primary and general elections will be
held and, in accordance with present law, the dates of the qualifying period for candidates
in the special election. If the deadline for issuing the proclamation falls on a Saturday,
Sunday, or other legal holiday, then the next day which is not a Saturday, Sunday, or legal
holiday is deemed to be the final day for issuing such proclamation. In selecting the dates
for such special elections, the governing authority or school board as the case may be, may
choose a gubernatorial or congressional election date, if such date is available within a year
of the occurrence of the vacancy or may select an election date in accordance with present
law. In the cases in which the governor has the authority to select the date for such special
elections, the governor is to first choose a gubernatorial or congressional election date. If no
such date is available within a year of the occurrence of the vacancy, the governor is to select
an election date in accordance with present law. If the governing authority or school board
fails to issue the proclamation within ten days after the vacancy occurs, the governor is to
issue the proclamation. SB NO. 653
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Present law provides that immediately thereafter the governing authority, the school board,
or the governor, as the case may be, is to publish the proclamation in the official journal of
each parish in which the election is to be held.
Present law provides that within 24 hours after issuing the proclamation, the authority or
authorities ordering the special election is to send a copy of the proclamation, by certified
or registered mail, to the clerk of the district court for the parish in which the vacancy
occurred. If the vacancy occurred in the parish of Orleans, the copy of the proclamation is
to be so mailed to the clerk of the criminal district court. If the vacancy occurs in an office
which affects more than one parish, a copy of the proclamation will at the same time be so
mailed to the clerk of each of the parishes. A copy of the proclamation also is to be mailed
to the secretary of state at the same time and in the same manner.
Present law provides that within 24 hours after he receives the copy, the secretary of state
is to notify all election officials having any duty to perform in connection with a special
election to fill such vacancy, including the parish boards of election supervisors for the
parish or parishes in which the vacancy occurred.
Present law provides that the special election is to be held, without the necessity of a call by
the governor, except in the case of a vacancy in the office of district attorney. When a special
election is required, the appointee or person designated to assume the duties of the office
serves only until the successor is elected and takes office.
Present law provides that if the unexpired term of a municipal office covered by present law
is one year or more, but the vacancy occurs within one year of the regular municipal primary
election for that office, no special election will be called and the appointee will serve for the
remainder of the term of office.
Present law provides that whenever multiple vacancies in a local or municipal governing
authority or in a school board covered by present law reduce the membership of such
governing authority or board below the number of total members required to constitute a
quorum to conduct official business, the remaining members are to immediately inform the
governor of the existence of the vacancies. Within 10 days after he receives this notice, the
governor is to make appointments to fill all the vacancies and is to issue a proclamation
calling special elections to fill such vacancies if special elections are required under the
provisions of present law. If the deadline for making the appointment or issuing the
proclamation, if applicable, falls on a Saturday, Sunday, or other legal holiday, then the next
day which is not a Saturday, Sunday, or legal holiday is deemed to be the final day for
making such appointment or issuing such proclamation.
Proposed law retains the provisions of present law relative to filling vacancies, but further
provides that in the event that the vacancy in the office results from the elected official
voluntarily leaving office prior to the expiration of his term, the person appointed or
otherwise provided by present law to fill the office is not eligible as a candidate for such
office in the next election, whether the next election is to fill the unexpired term or for a new
term.
Effective August 15, 2010.
(Amends R.S. 18:602(A), (B), (C), (D), (E)(1)(a) and (b), (3) and (4) and (F))