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Regular Session, 2010
SENATE BILL NO. 796 (Substitute of Senate Bill No. 690 by Senator Adley)
BY SENATORS ADLEY AND THOMPSON
CONGRESS. Provides for an open primary system of elections for congressional offices.
(1/1/11)
AN ACT1
To amend and reenact R.S. 18:44(A) and (B)(5)(b), 110(B), 193(F), 197, 401(B), 402(B),2
the introductory paragraph of (C), (E), and (G), 433(G)(1) and the introductory3
paragraph of (H)(1), 434(A)(1), the introductory paragraph of (C), and (D)(1) and4
(2), 435(A)(1) and (B), 436, 453(A) and (B), the introductory paragraph of 467 and5
(2), 468(A), 481, 491(A) and (C), 511(A) and (B), 512(B), 535(B), the introductory6
paragraph of 552(A), 1272(A), 1278(B), 1279, 1285(B)(1)(a), 1300(C)(1),7
1300.7(A), 1306(A)(4) and (C)(2), 1307(A)(8) and (E), 1308(A)(2)(a), 1314(B) and8
(C), 1355(6), 1401(B), 1402(B)(1)(c), 1405(A), 1406(B), 1407, 1409(B)(1) and (2),9
1432(A), and 1461(A)(17), and to repeal R.S. 18:1275.1 through 1275.24, relative10
to elections; to provide for an open primary system of elections for congressional11
offices; to provide relative to objections to candidacy and contests of elections; to12
provide relative to changes to and challenge and cancellation of voter registration;13
to provide relative to procedures for voting; to provide for election dates; to provide14
relative to courses of instruction for commissioners; to provide relative to selection15
and replacement of commissioners; to provide relative to alternate commissioners;16
to provide relative to watchers; to provide relative to dual candidacy; to provide17 SB NO. 796
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relative to qualification of candidates; to provide relative to the election of1
candidates in a primary and general election; to provide relative to notice of location2
of precincts and polling places; to provide relative to election materials; to provide3
relative to filling vacancies in federal offices; to provide relative to recall elections;4
to provide relative to absentee by mail and early voting; to provide relative to voting5
machines; to provide relative to election offenses; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 18:44(A) and (B)(5)(b), 110(B), 193(F), 197, 401(B), 402(B), the8
introductory paragraph of (C), (E), and (G), 433(G)(1) and the introductory paragraph of9
(H)(1), 434(A)(1), the introductory paragraph of (C), and (D)(1) and (2), 435(A)(1) and (B),10
436, 453(A) and (B), the introductory paragraph of 467 and (2), 468(A), 481, 491(A) and11
(C), 511(A) and (B), 512(B), 535(B), the introductory paragraph of 552(A), 1272(A),12
1278(B), 1279, 1285(B)(1)(a), 1300(C)(1), 1300.7(A), 1306(A)(4) and (C)(2), 1307(A)(8)13
and (E), 1308(A)(2)(a), 1314(B) and (C), 1355(6), 1401(B), 1402(B)(1)(c), 1405(A),14
1406(B), 1407, 1409(B)(1) and (2), 1432(A), and 1461(A)(17) are hereby amended and15
reenacted to read as follows:16
§44. Contesting election; referral for prosecution17
A. Whenever the board determines as a result of an investigation that18
violations of law, irregularities, error, or fraud have occurred in the conduct of an19
election which in the judgment of the board has resulted in the apparent qualification20
for the second party primary election or for the general election or the apparent21
election of a candidate not entitled to be so qualified or elected, the board, upon the22
favorable vote of three members, may institute suit to contest the election in order23
to protect the interest and rights of the state in fair and honest elections. In addition,24
for the same cause and upon the same vote, the board may intervene in any suit25
instituted by any other party to contest an election.26
B. In any suit instituted by the board to contest an election, the provisions27
of Chapter 9 of this Title shall apply, except that:28
* * *29 SB NO. 796
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(5) The petition shall contain, but shall not be limited to, the following:1
* * *2
(b) The allegation that except for substantial irregularities or error, fraud, or3
other unlawful activities in the conduct of the election, a different candidate would4
have qualified for a second party primary election or a general election or would5
have been elected.6
* * *7
§110. Removal from precinct; removal from parish8
* * *9
B.(1) A change of registration based upon a change of residence within a10
parish received after the closing of registration for a primary election shall become11
effective the day after the general election or special general election when a special12
primary election is held in conjunction with a general election except as follows:13
(a) A person whose registration has been canceled pursuant to R.S.14
18:193(G).15
(b) A person whose registration has been canceled or whose address has been16
corrected pursuant to R.S. 18:196(C).17
(2) A change of registration based upon a change of residence within a parish18
received after the closing of registration for a first party primary election or special19
first party primary election and prior to the closing of registration for the second20
party primary election or special second party primary election shall become21
effective prior to the second party primary election or special second party primary22
election, except as follows:23
(a) A person whose registration has been canceled pursuant to R.S.24
18:193(G).25
(b) A person whose registration has been canceled pursuant to R.S.26
18:196(C).27
(3) (2) The change of residence of a registrant from one precinct to another28
in the same parish does not deprive him of the right to remain as a legal registrant,29 SB NO. 796
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as to all issues upon which he was entitled to vote prior to his change of residence,1
in the precinct from which he has removed until he changes his registration as2
provided in Subsection A of this Section and has the right to vote in the precinct to3
which he has moved.4
(4) (3) However, in a regularly scheduled general election where the only5
candidate's election appearing on any ballot in the parish is a special primary6
election, then in such instance, the change shall become effective prior to the special7
primary election. In a regularly scheduled or special general election, where the8
change of registration does not change any issues or candidate offices upon which9
the voter was entitled to vote prior to the change, the change shall become effective10
prior to the regularly scheduled or special general election.11
* * *12
§193. Challenge and cancellation of registration; notice; procedures13
* * *14
F. A list of names and addresses to whom address confirmation notices are15
sent and whether or not each person responded to the confirmation notice shall be16
maintained for a period of two years and shall be open to inspection and copying as17
provided in R.S. 18:154. Ninety days prior to a regularly scheduled first party18
federal primary election, the names and addresses of those persons on the inactive19
list shall be published for one day in the official journal of the parish governing20
authority or in a newspaper calculated to provide maximum notice in the parish.21
* * *22
§197. Registration; cancellation23
No registrar of voters shall cancel the registration of any voter in his parish24
between any primary or first party primary election, as the case may be, and the25
subsequent general election occurring in that parish as a result of any of the26
processes authorized by this Part, except in the case of a person who has been27
fraudulently placed upon the registration records or in the case of a person whose28
registration is canceled pursuant to the annual canvass conducted by the registrar.29 SB NO. 796
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* * *1
§401. Purpose and nature of primary and general elections2
* * *3
B. Nature. (1) Except for the election of persons to congress, all All4
qualified voters of this state may vote on candidates for public office in primary and5
general elections without regard to the voter's party affiliation or lack of it, and all6
candidates for public office who qualify for a primary or general election may be7
voted on without regard to the candidate's party affiliation or lack of it.8
(2)(a) In the election of persons to congress, the following shall apply:9
(i) In primary elections, recognized political parties shall make all10
nominations of candidates by direct primary elections held under the provisions of11
this Chapter. In primary elections, each qualified voter may vote only on the12
candidates for public office who are affiliated with the same political party with13
which the voter is affiliated. In primary elections, each qualified voter who is not14
affiliated with a recognized political party may choose to vote in one recognized15
political party's primary elections, except as otherwise provided by R.S. 18:1275.1.16
(ii) In general elections, each qualified voter of this state may vote for17
candidates for public office in general elections without regard to the voter's party18
affiliation or lack thereof, and all candidates for public office who qualify for a19
general election may be voted for without regard to the candidates' party affiliation20
or lack thereof.21
* * *22
§402. Dates of primary and general elections23
* * *24
B. Congressional elections. Elections for members of Congress congress and25
officers elected at the same time as members of Congress congress shall be held26
every two years, beginning in 1982.27
(1) Congressional first primary elections for recognized political parties shall28
be held on the first Saturday in September of an election year.29 SB NO. 796
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(2) Congressional second primary Primary elections for recognized political1
parties and primary elections for members of congress and officers elected at the2
same time as members of Congress congress shall be held on the first Saturday in3
October Tuesday after the first Monday in November of an election year.4
(3) Congressional general (2) General elections for members of congress5
and officers elected at the same time as members of congress shall be held on the6
first Tuesday after the first Monday in November of an election year Saturday in7
December of an election year.8
C. Municipal and ward elections. In all municipalities with a population of9
less than four hundred seventy-five thousand, elections for municipal and ward10
officers who are not elected at the same time as the governor or members of congress11
shall be held every four years. The primary election for municipal and ward officers12
who are elected at the same time as members of Congress shall be held on the same13
date as the congressional second party primary, and the general election shall be held14
at the same time as the general election for congressional offices.15
* * *16
E. Special elections to fill newly created office or vacancy in office. An17
election to fill a newly created office or vacancy in an existing office, except the18
office of state legislator or representative in congress, shall be held on the dates fixed19
by the appropriate authority in the proclamation ordering a special election as20
follows:21
(1) A special primary election shall be held on the first of the following days22
that is not less than eleven weeks after the date on which the proclamation calling the23
special primary election was issued:24
(a) The second to last Saturday in October, when the special general election25
is held on the fourth Saturday after the second to last Saturday in October.26
(b) The first Tuesday after the first Monday in November, when the27
special general election is held on the first Saturday in December.28
(b) (c) The first Saturday in April, when the special general election is held29 SB NO. 796
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on the fourth Saturday after the first Saturday in April or on the second or third1
Saturday in February during the presidential election year, if the statewide2
presidential preference primary election is scheduled on the second or third Saturday3
in February of the presidential election year; however, commencing in 1986 and4
every fourth year thereafter, this date shall not be applicable in a parish containing5
a municipality with a population of four hundred seventy-five thousand or more.6
(c) (d) The third Saturday in October, when the special general election is7
held on the fourth Saturday after the third Saturday in October of 1985 and every8
fourth year thereafter.9
(d)(i) (e) The first Saturday in February of an election year for parish and10
municipal officers in a parish containing a municipality with a population of four11
hundred seventy-five thousand or more.12
(ii) The first Saturday in February of 1995, except in parishes and13
municipalities where an election on bonds, taxes, and other propositions or questions14
has been called and held in January of 1995. Notwithstanding the provisions15
contained in R.S. 18:467 and 468, the qualifying period for primary elections held16
on the first Saturday in February of 1995 shall open on the third Monday in17
December of 1994 and shall close at 5:00 p.m. on the Wednesday following the third18
Monday in December of 1994.19
(2) A special primary election shall be held on the first of the following days20
which is not less than fifteen weeks after the date on which the proclamation calling21
the special primary election was issued: the first Saturday in October, when the22
special general election is held on the first Tuesday after the first Monday in23
November.24
(3) (2) A special general election shall be held on one of the following days:25
(a) The fourth Saturday after the second to last Saturday in October of 198326
and every fourth year thereafter.27
(b) The first Tuesday after the first Monday in November Saturday in28
December of even-numbered years.29 SB NO. 796
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(c) The fourth Saturday after the first Saturday in April of any year unless1
the primary election is held on the second or third Saturday in February; in such case2
the general election shall be held on the fourth Saturday after the second or third3
Saturday in February, as the case may be; however commencing in 1986 and every4
fourth year thereafter, this date shall not be applicable in a parish containing a5
municipality with a population of four hundred seventy-five thousand or more.6
(d) The fourth Saturday after the third Saturday in October of 1985 and every7
fourth year thereafter.8
(e)(i) The fourth Saturday after the first Saturday in February in a parish9
containing a municipality with a population of four hundred seventy-five thousand10
or more, when the special primary election in such parish and municipality is held11
on the first Saturday in February of an election year for parish and municipal12
officers.13
(ii) The fourth Saturday after the first Saturday in February of 1995, when14
the special primary election is held as authorized in R.S. 18:402(E)(1)(e)(ii) on the15
first Saturday in February of 1995.16
(4) (3) The secretary of state shall not include the name of any candidate on17
any ballot for a special election to fill a vacancy in any office to which this18
Subsection is applicable unless such special election has been called in accordance19
with the provisions of this Subsection and scheduled on one of the dates provided20
herein. Any elector who is eligible to vote in any such special election may apply21
for injunctive relief to prohibit the placing of the name of any candidate in an22
improperly called election on the ballot. Venue for such application shall be in any23
parish in which the election is called, and the secretary of state shall be the proper24
party defendant.25
* * *26
G. Prohibited days. No election of any kind shall be held in this state on any27
of the days of Rosh Hashanah Hashana, Yom Kippur, Sukkoth Sukkot, Shimini28
Atzereth Shemini Atzeret, Simchas Torah Simchat Torah, the first two days and29 SB NO. 796
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the last two days of Passover, Shavuoth Shavuot, Fast of AV Tish'a B'Av, the two1
days preceding Labor Day or the three days preceding Easter. If the date of any2
election falls on any of the above named above-named days, the election shall be3
held on the same weekday of the preceding week. If the date of the election for a4
second party primary is advanced pursuant to this Subsection, the first party primary5
shall also be advanced by the same number of weeks.6
* * *7
§433. Commissioners-in-charge; course of instruction; selection; commission;8
disqualification; replacement9
* * *10
G. Replacement. (1) Except as provided in Subsection H of this Section, if11
it becomes certain that a commissioner-in-charge will not be able to serve for a12
primary or first party primary election, or if a commissioner-in-charge fails to attend13
a course of instruction held immediately prior to a primary or first party primary14
election as provided in R.S. 18:431(B), the parish board of election supervisors shall15
select a replacement commissioner-in-charge who shall serve for both the primary16
or first party primary and general elections. Except as provided in Subsection H of17
this Section, if it becomes certain that a commissioner-in-charge will not be able to18
serve for a second party primary or a general election, or if a commissioner-in-19
charge fails to attend the course of instruction held prior to a second party primary20
or a general election, the parish board of election supervisors shall select a21
replacement commissioner-in-charge who shall serve for both the second party22
primary and the general election.23
* * *24
H. Replacement. (1) If a commissioner-in-charge fails to appear at the25
polling place at least thirty minutes before the time when the polls are to open on26
election day, the commissioners in attendance at the polling place shall immediately27
notify the clerk of court of the absence. Immediately upon receipt of the notice, the28
clerk of court shall select a replacement commissioner-in-charge for that precinct.29 SB NO. 796
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Subject to the provisions of Subsection G of this Section, a replacement1
commissioner-in-charge selected for a primary or first party primary election also2
shall serve for the second party primary and the general election. The replacement3
commissioner-in-charge shall be selected from the following categories in the order4
of priority listed:5
* * *6
§434. Commissioners and alternate commissioners; selection; commission;7
disqualification; replacement8
A. Time and place of selection. (1) The parish board of election supervisors9
shall meet at 10:00 a.m. on the twenty-ninth day before a primary or first party10
primary election to select the commissioners and alternate commissioners for each11
precinct. The meeting shall be open to the public. The board shall have previously12
posted a notice on the front courthouse door designating the location within the13
courthouse where the meeting is to be held.14
* * *15
C. Commission. Once the commissioners and alternate commissioners are16
selected for a primary, first party primary, second party primary, and general17
election, the parish board of election supervisors shall immediately:18
* * *19
D. Replacement of a commissioner. (1) If prior to the day of the election20
a commissioner notifies the parish board of election supervisors that he is unable to21
serve as commissioner, the parish board of election supervisors shall select an22
alternate commissioner to serve in place of the absent commissioner. An alternate23
commissioner who replaces an absent commissioner in a primary or first party24
primary election shall replace the absent commissioner in the second party primary25
and in the general election. An alternate commissioner who replaces an absent26
commissioner in a second party primary election shall replace the absent27
commissioner in the general election. If there are no alternate commissioners or an28
insufficient number of alternate commissioners available, the parish board of election29 SB NO. 796
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supervisors shall select a person to serve as commissioner from the list containing1
the names of persons within that ward who have received certificates of instruction2
from the clerk of court pursuant to R.S. 18:431(A)(1). If no person on that list is3
available to serve as commissioner, the parish board of election supervisors shall4
select any person within the parish who has received a certificate of instruction from5
the clerk of court pursuant to R.S. 18:431(A)(1). If there is no such qualified person6
available, the parish board of election supervisors shall select a watcher.7
(2) If a commissioner fails to appear at the polling place at least thirty8
minutes before the time when the polls are to open on election day, or if a9
commissioner is selected as commissioner-in-charge, the commissioner-in-charge10
shall select an alternate commissioner to serve in place of the absent commissioner.11
An alternate commissioner who replaces an absent commissioner in a primary or12
first party primary election shall replace the absent commissioner in the second party13
primary and in the general election. An alternate commissioner who replaces an14
absent commissioner in a second party primary election shall replace the absent15
commissioner in the general election. If there are no alternate commissioners or an16
insufficient number of alternate commissioners available, the commissioner-in-17
charge shall select a person to serve as commissioner from the list containing the18
names of those who have received certificates of instruction that was furnished him19
by the parish board of election supervisors pursuant to R.S. 18:431(A)(5). If no20
person on that list is available to serve as commissioner, the commissioner-in-charge21
shall select any person present at the polls who possesses the qualifications of a22
commissioner as set forth in R.S. 18:425(B). If there is no such qualified person23
available, the commissioner-in-charge shall select a watcher.24
* * *25
§435. Watchers; appointment and commission26
A. Right to have watchers. (1) Each candidate is entitled to have one27
watcher at every precinct where the office he seeks is voted on in any a primary or28
general election. The candidate or his authorized representative shall file one list of29 SB NO. 796
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watchers on a form provided by the secretary of state or on a form which contains1
the same information as required by the form provided by the secretary of state.2
When a candidate's list of watchers is filed by the candidate's authorized3
representative, a letter of authorization from the candidate shall accompany the list4
of watchers; However however, in the case of a presidential election, each slate of5
candidates for presidential elector is entitled to have one watcher at every precinct.6
The state central committee of each recognized political party shall be responsible7
for filing the list of watchers for its slate of candidates for presidential elector. The8
list of watchers for an independent or other party slate of candidates for presidential9
elector shall be filed by any person so authorized by the presidential candidate10
supported by the slate of electors. A letter of authorization from the presidential11
candidate, or an authorized agent of his campaign, shall accompany the list of12
watchers.13
* * *14
B. Lists of watchers. A list of watchers shall be filed with the clerk of court15
before 5:00 p.m. on the tenth day before any the primary or general election;16
However however, if the tenth day before any the primary or general election falls17
on a Saturday, Sunday, or other legal holiday, the list shall be filed on the next day18
which is not a Saturday, Sunday, or other legal holiday. Except for a candidate or19
recognized political party filing for a slate of candidates for presidential elector, any20
person filing a list of watchers must attach a certified statement that the report21
required by R.S. 18:1486 has been filed with the supervisory committee in22
compliance with the Campaign Finance Disclosure Act. If any candidate submits a23
list for the primary or first party primary election and does not submit a list for the24
second party primary or the general election, the list submitted in the primary or first25
party primary election shall be treated as his list submitted for the second party26
primary election and the general election. If any candidate submits a list for the27
second party primary election and does not submit a list for the general election, the28
list submitted in the second party primary election shall be treated as his list29 SB NO. 796
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submitted for the general election. A list of watchers shall contain only one watcher1
and one alternate watcher for each precinct where the candidate or person submitting2
the list is entitled to have a watcher. The list shall be typed or legibly written, and3
it shall contain the name and mailing address of each watcher and a designation of4
the precinct where he is to serve.5
* * *6
§436. Election officials at certain special elections7
A. When a special primary election to fill a vacancy or an anticipated8
vacancy in elective public office is called to be held at the same time as a previously9
scheduled general election, or if a previously scheduled election is delayed for any10
reason, the commissioners who were selected to serve at the previously scheduled11
primary or first party and second party primary and general election also shall be the12
commissioners for the special primary and general elections and any such delayed13
primary or general election, and the compensation for each shall be only that amount14
provided for in R.S. 18:426.1 for a day of service as a commissioner or15
commissioner-in-charge. Each candidate to be voted on in the special primary16
election or delayed primary election may appoint one watcher for each precinct in17
which that candidate is to be voted on. Notwithstanding the provisions of R.S.18
18:427(C) or of any other law to the contrary, the watchers so appointed shall be19
allowed to remain in the polling place at all times.20
B. When a special general election to fill a vacancy or an anticipated21
vacancy in elective public office is called to be held at the same time as a previously22
scheduled primary election, the commissioners who were selected to serve at the23
special primary election for which the special general election is to be held shall also24
be the commissioners for both the previously scheduled primary, and including any25
first party or second party primary and general elections. In such case the26
compensation for each shall be only that amount provided for in R.S. 18:426.1 for27
a day of service as a commissioner or commissioner-in-charge.28
* * *29 SB NO. 796
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§453. Dual candidacy1
A. General prohibitions. A person shall not become a candidate in any a2
primary, first party or second party primary or general election for more than one3
office unless one of the offices is membership on a political party committee, nor4
shall a person be a candidate at the same time for two or more different offices to be5
filled at separate elections.6
B. Unexpired and succeeding term of office. A person may become a7
candidate in a primary or first or second party primary election or general election8
for the unexpired and the succeeding term of an office when both terms are to be9
filled at the same election.10
* * *11
§467. Opening of qualifying period12
The qualifying period for candidates in the first party primary or a primary13
election shall open:14
* * *15
(2) For candidates in a primary or congressional first party primary election16
and those in any special primary or first party primary election to be held at the same17
time, on the second third Wednesday in July August of the year of the election.18
* * *19
§468. Close of the qualifying period20
A. The qualifying period for candidates in a primary or first party primary21
election shall close at 5:00 p.m. on the Friday after the opening of the qualifying22
period for candidates in the primary or first party primary election or, if that Friday23
is a legal holiday, at 5:00 p.m. on the next day which is not a legal holiday.24
* * *25
§481. Candidates who qualify for a general election26
Except for candidates for the public office of United States senator or27
representative in Congress, The candidates who qualify for each office remaining to28
be filled in the general election are those who received the two highest numbers of29 SB NO. 796
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votes, the four highest number of votes, and so on among those not elected in the1
primary election, until the maximum number of candidates for each office on the2
general election ballot is reached.3
* * *4
§491. Standing to object to candidacy5
A. A registered voter may bring an action objecting to the candidacy of a6
person who qualified as a candidate in a primary or first party primary election for7
an office for which the plaintiff is qualified to vote.8
* * *9
C. In addition to the persons with standing to bring an action objecting to10
candidacy as provided in Subsections A and B of this Section:11
(1) The Supervisory Committee on Campaign Finance Disclosure shall bring12
or join in an action objecting to the candidacy of a person who qualified as a13
candidate in a primary or first party primary election for an office on the grounds14
provided in R.S. 18:492(A)(5).15
(2) The Board of Ethics shall bring or join in an action objecting to the16
candidacy of a person who qualified as a candidate in a primary or first party primary17
election for an office on the grounds provided in R.S. 18:492(A)(6).18
* * *19
§511. Election of candidates in a primary election ; exception, congressional20
candidates21
A. Majority vote. A candidate , other than a candidate for United States22
senator or representative in congress, who receives a majority of the votes cast for23
an office in a primary election is elected. If there are two or more offices of the same24
character to be filled, the number of votes necessary to constitute a majority shall be25
greater than the result obtained by dividing the total votes cast for all of the26
candidates by the number of offices to be filled and dividing the result so obtained27
by two. If more candidates receive a majority than there are offices to be filled,28
those of such candidates receiving the highest total of votes shall be elected, to the29 SB NO. 796
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number required to fill all of the offices. Any votes received by a withdrawn1
candidate or a deceased candidate shall be void and shall not be counted for any2
purpose whatsoever.3
B. Election of unopposed candidates for public office. If, after the close of4
the qualifying period for candidates in a primary election, other than a primary5
election for United States senator or representative in congress, the number of6
candidates for a public office does not exceed the number of persons to be elected7
to the office, the candidates for that office, or those remaining after the withdrawal8
of one or more candidates, are declared elected by the people, and their names shall9
not appear on the ballot in either the primary or the general election.10
* * *11
§512. Election of candidates in a general election12
* * *13
B. Election of unopposed candidates. If, as a result of the death or14
withdrawal of one or more candidates, the number of candidates for an office in a15
general election does not exceed the number of persons to be elected to the office,16
other than the office of United States senator or representative in congress, the17
remaining candidates are declared elected by the people, and their names shall not18
appear on the ballot in the general election.19
* * *20
§535. Notice of location of precincts and polling places21
* * *22
B. Before primary elections. The parish board of election supervisors shall23
publish the location of the polling places in the parish at least once before each24
primary or first party primary election. The publication shall be in the official25
journal of the parish during the third week before the primary or first party primary26
election.27
* * *28
§552. Election materials29 SB NO. 796
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A. Materials furnished. At least twenty-two days before a primary or first1
party primary election and as soon as possible for a second party primary and a2
general election:3
* * *4
§1272. United States senators; representatives in Congress congress; time of5
electing6
A. All general elections for representatives in Congress congress shall be7
held on the first Tuesday next following the first Monday in November Saturday in8
December, 1982, and every two years thereafter. in even-numbered years. The9
first party and second party primary elections election shall be held in accordance10
with the provisions of Chapter 5 of this Title on the first Tuesday after the first11
Monday in November of an election year.12
* * *13
§1278. Vacancies; United States senator14
* * *15
B. If a vacancy occurs in the office of United States senator and the16
unexpired term is more than one year, an appointment to fill the vacancy shall be17
temporary. Any senator so appointed shall serve until his successor is elected at a18
special election and takes office. Within ten days after receiving official notice of19
the vacancy, the governor shall issue his a proclamation for special election to fill20
the vacancy for the unexpired term. The date of the special election shall be21
established by the governor in accordance with the provisions of R.S. 18:402(E).22
The special first primary election shall be held four weeks prior to the dates for23
special primary elections as provided in R.S. 18:402(E)(1) or (E)(2), the special24
second primary election shall be held on the dates as provided for special primary25
elections in R.S. 18:402(E)(1) or (E)(2), and the special general election shall be held26
on the dates as provided in R.S. 18:402(E)(3). The dates of the qualifying period27
shall be established by the governor in accordance with this Part R.S. 18:467, 467.1,28
and 468. Immediately after issuance of the proclamation, which shall include the29 SB NO. 796
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dates of the first and second party primary and general elections and the dates of the1
qualifying period, the governor shall publish the proclamation in the official journal2
of each parish in which the election is to be held. Within twenty-four hours after its3
issuance, the governor shall send a copy of the proclamation to the secretary of state.4
Within twenty-four hours after he receives the copy, the secretary of state shall5
notify all election officials having any duty to perform in connection with a special6
election to fill such vacancy, including the parish boards of election supervisors for7
the parish or parishes in which the vacancy occurred. The election shall be8
conducted and the returns shall be certified as in regular elections for United States9
senator.10
* * *11
§1279. Vacancies; representatives in congress12
When a vacancy occurs in the office of representative in congress, the13
governor shall determine the dates on which the special elections shall be held and14
the dates of the qualifying period and shall issue his a proclamation ordering a15
special election and specifying the dates on which the first and second party primary16
and general elections will be held and the dates of the qualifying period for the17
election. Immediately thereafter he shall publish the proclamation in the official18
journal of each parish in which the election is to be held. Within twenty-four hours19
after issuing the proclamation, the governor shall send a copy of the proclamation20
to the secretary of state, who shall within twenty-four hours of receipt of the21
information notify all election officials having any duty to perform in connection22
with a special election to fill such vacancy, including the parish boards of election23
supervisors for the parish or parishes in which the vacancy occurred. The election24
shall be conducted in the same manner and at the same places and the returns shall25
be certified as in regular congressional elections. If at a first or second party primary26
or general election in a congressional district one representative in congress is to be27
elected for a full term and another to fill a vacancy, the ballots containing the names28
of the candidates shall, as a part of the title of the office, designate the term for which29 SB NO. 796
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the candidates are respectively nominated.1
* * *2
§1285. Notice of election3
* * *4
B.(1)(a) Written notice of the election and the certificate required by5
Subparagraph (1)(b) (b) of this Subsection Paragraph shall be transmitted to the6
secretary of state and each clerk of court and registrar of voters in the area affected7
by the election. If the election is to be held on a primary or second party primary8
election date, then such notice and certificate shall be received by the secretary of9
state on or before the seventy-first day prior to the primary or second party primary10
election. If the election is not to be held on a primary or second party primary11
election date, then the notice and certificate shall be received by the secretary of state12
on or before the forty-sixth day prior to the election. The secretary of state shall not13
accept any revisions to propositions, including but not limited to changes in title,14
text, or numerical designations, after the last day for submission of the notice and15
certificate to the secretary of state.16
* * *17
§1300. Procedures; notice of election; expenses18
* * *19
C.(1) When an election is called under the provisions of this Chapter, written20
notice of the election shall be transmitted to the secretary of state, the commissioner21
of elections, and each clerk of court and registrar of voters in the area affected by the22
election. If the election is to be held on a primary or second party primary election23
date, then such notice shall be received by the secretary of state on or before the24
seventy-first day prior to the primary or second party primary election. If the25
election is not to be held on a primary or second party primary election date, then26
such notice shall be received by the secretary of state on or before the forty-sixth day27
prior to the election.28
* * *29 SB NO. 796
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§1300.7. Governor to order election; proclamation; publication1
A. If the required number of qualified electors of the voting area sign the2
petition for recall, the governor shall issue a proclamation ordering an election to be3
held for the purpose of voting on the question of the recall of the officer. The total4
number of registered voters in the voting area and the total number of registered5
voters in the voting area signing the petition shall be calculated from the totals on the6
certificates of all of the registrars of voters received by the governor. The governor7
shall issue such proclamation within fifteen days after he receives the certified8
petitions from all of the registrars of voters in the voting area who have received9
petitions for certification. The proclamation shall order the election to be held on the10
next available date specified in R.S. 18:402(F). If the election is to be held on a11
primary or second party primary election date, the proclamation shall be issued on12
or before the last day for candidates to qualify in the election. If the election is not13
to be held on a primary or second party primary election date, then the proclamation14
shall be issued on or before the forty-sixth day prior to the election.15
* * *16
§1306. Preparation and distribution of absentee by mail and early voting ballots17
A.18
* * *19
(4) The secretary of state shall prepare a special absentee ballot for20
candidates and constitutional amendments to be voted on in second party primary or21
general elections, subject to approval as to content by the attorney general. This22
special ballot shall only be for use by a qualified voter who is either a member of the23
United States Service or who resides outside of the United States. Such special24
ballot shall contain a list of the titles of all offices being contested at the primary or25
first party primary election and the candidates qualifying for the primary or first26
party primary election for each office, and shall permit the elector to vote in the27
second party primary or general election by indicating his order of preference for28
each candidate for each office. On the special ballot shall also be printed each29 SB NO. 796
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constitutional amendment to be voted on in the second party primary or general1
election. To indicate his order of preference for each candidate for each office to be2
voted on in the election, the voter shall put the number one next to the name of the3
candidate who is the voter's first choice, the number two for his second choice and4
so forth so that, in consecutive numerical order, a number indicating the voter's5
preference is written by the voter next to each candidate's name on the ballot. A6
space shall be provided for the voter to indicate his preference for or against each7
constitutional amendment contained on the ballot. The voter shall not be required8
to indicate his preference for more than one candidate on the ballot if the voter so9
chooses. The secretary of state shall also prepare instructions for use of the special10
ballot.11
* * *12
C.13
* * *14
(2) At least twenty days before each primary or first party primary election15
the secretary of state shall deliver to the registrar in each parish in which the election16
is to be held the special absentee ballot for qualified voters who are either members17
of the United States Service or persons residing outside of the United States. The18
number of special ballots and other necessary paraphernalia, including instructions19
for the use of the special ballot, to be so delivered shall be up to one percent of the20
registered voters within each parish.21
* * *22
§1307. Application by mail23
A. A person qualified to vote absentee by mail under this Chapter may make24
application therefor to the registrar by letter; over his signature; or mark if the voter25
is unable to sign his name, signed by two witnesses who witnessed the applicant's26
mark; setting forth:27
* * *28
(8) If the person requests that a ballot for a general election or the second29 SB NO. 796
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party primary election, or both, be sent in addition to a ballot for the primary or first1
party primary, he shall declare in writing to the registrar that he will be eligible to2
vote absentee by mail in the general election or the second party primary, or both,3
as the case may be.4
* * *5
E. A person entitled to vote absentee by mail may request in his application6
for an absentee ballot for a primary or first party primary election that an absentee7
ballot for the succeeding general election or the second party primary election, or8
both, be sent to him when such ballots become available for distribution; However9
however, in such case, the applicant shall declare in writing to the registrar that he10
will be eligible to vote absentee by mail in the general election or the second party11
primary election, or both, as the case may be.12
* * *13
§1308. Absentee voting by mail14
A.15
* * *16
(2)(a) With respect to persons on active duty in the United States military17
service or outside the continental boundaries of the United States, these materials18
shall be mailed as provided by the Uniformed and Overseas Citizens Absentee19
Voting Act (39 USC U.S.C. 3406 and 42 USC U.S.C. 1973ff et seq.) and shall20
include both the primary or first party primary election ballot and the special ballots21
ballot for the general election or the second party primary election and the general22
election. The envelope mailed to the voter shall contain six four envelopes, three23
two of which shall be the ballot envelopes and three two of which shall be return24
envelopes. Each return envelope shall bear the official title and mailing address of25
the registrar, whether it contains a primary, first party primary, second party primary26
or general election ballot, and the name, return address, and precinct or district27
number of the voter. The voter shall return his voted primary or first party primary28
election ballot and special ballots ballot for the general election or the second party29 SB NO. 796
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primary and the general election to the registrar in the appropriate envelopes. The1
registrar of voters shall not mail a regular general election or the second party2
primary and general election absentee ballot to a member of the United States3
Service or to persons residing overseas if the registrar has mailed a the special ballot,4
as provided herein, to such voter. The envelopes envelope for the special ballots5
ballot shall contain language on the outside of the envelope which will clearly6
designate which envelope is to be used for return of the second primary election7
ballot and which envelope is to be used for return of the general election ballot.8
* * *9
§1314. Absentee by mail and early voting commissioners10
* * *11
B. Selection for a primary or first party primary election. (1) The parish12
board of election supervisors shall determine the number of absentee by mail and13
early voting commissioners necessary to count the absentee by mail and early voting14
ballots in the parish. The parish board of election supervisors shall select a minimum15
of three such commissioners.16
(2) The parish board of election supervisors shall meet at 10:00 a.m. on the17
fifth day before a primary or first party primary election and shall select the absentee18
by mail and early voting commissioners and alternate absentee by mail and early19
voting commissioners for the parish in the manner provided by law for the selection20
of commissioners and alternate commissioners. If there are not enough certified21
commissioners to select the appropriate number of absentee by mail and early voting22
commissioners and alternate absentee by mail and early voting commissioners, the23
board of election supervisors may select a qualified elector of the parish to serve;24
however, no such elector shall serve as an absentee by mail and early voting25
commissioner if a certified commissioner has been selected as an alternate absentee26
by mail and early voting commissioner.27
(3) Absentee by mail and early voting commissioners and alternate absentee28
by mail and early voting commissioners shall be issued commissions, take the oath29 SB NO. 796
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of office, be replaced, and be disqualified, all in the manner provided by law for1
commissioners and alternate commissioners.2
C. Selection for second party primary or general election. (1)(a) The parish3
board of election supervisors shall determine if the number of absentee by mail and4
early voting commissioners necessary to count the absentee by mail and early voting5
ballots in the second party primary or general election can be reduced or should be6
increased from the number which counted absentee by mail and early voting ballots7
in the previous primary election.8
(b) If it determines that the number cannot be reduced or should be9
increased, those persons who served as absentee by mail and early voting10
commissioners and alternate absentee by mail and early voting commissioners for11
the parish in the primary or first party primary election shall serve in the second12
party primary and general election, unless replaced or disqualified in the manner13
provided by law for commissioners and alternate commissioners. The number of14
absentee by mail and early voting commissioners for a second party primary and15
general election shall not be less than three.16
(2)(a) If the parish board determines that the number of absentee by mail and17
early voting commissioners can be reduced, it shall notify each person who served18
as an absentee by mail and early voting commissioner or alternate absentee by mail19
and early voting commissioner in the primary or first party primary election of its20
decision to reduce the number of absentee by mail and early voting commissioners21
and of the date and time of the meeting to select the absentee by mail and early22
voting commissioners for the second party primary or general election. The parish23
board shall meet at 10:00 a.m. on the fifth day before a second party primary and a24
general election and shall select the absentee by mail and early voting commissioners25
or and alternate absentee by mail and early voting commissioners to serve in such26
elections the general election for the parish.27
(b)(i) The parish board shall prepare a list containing the names of all28
persons who served as absentee by mail and early voting commissioners in the29 SB NO. 796
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primary or first party primary election. The absentee by mail and early voting1
commissioners and alternate absentee by mail and early voting commissioners for2
the second party primary election and for the general election shall be selected from3
that list in the manner provided by law for the selection of commissioners or and4
alternate commissioners. The absentee by mail and early voting commissioners so5
chosen shall then serve as needed for the second party primary election and the6
general election.7
(ii) If the list does not contain sufficient names to select the number of8
absentee by mail and early voting commissioners or and alternate absentee by mail9
and early voting commissioners determined by the board to be needed for the second10
party primary election and the general election, the board shall fill any remaining11
alternate commissioner positions from a list of those persons who were selected as12
alternate absentee by mail and early voting commissioners for the primary or first13
party primary election, such list to be prepared and the selection made in the same14
manner provided herein for selection of absentee by mail and early voting15
commissioners for the second party primary election and the general election.16
(3) If the parish board determines that the number of absentee by mail and17
early voting commissioners should be increased, the parish board shall meet at 10:0018
a.m. on the fifth day before a the second party primary election and the general19
election and shall select the additional absentee by mail and early voting20
commissioners and alternate absentee by mail and early voting commissioners to21
serve in the second party primary election and the general election for that parish22
from the list of certified commissioners who have not been chosen to serve in the23
second party primary and the general election as a commissioner-in-charge,24
commissioner, or, if applicable, absentee by mail and early voting commissioner in25
the manner provided by law for the selection of commissioners and alternate26
commissioners. If there are not enough certified commissioners to select the27
appropriate number of absentee by mail and early voting commissioners and28
alternate absentee by mail and early voting commissioners, the board of election29 SB NO. 796
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supervisors may select a qualified elector of the parish to serve; however, no such1
elector shall serve as an absentee by mail and early voting commissioner if a2
certified commissioner has been selected as an alternate absentee by mail and early3
voting commissioner.4
* * *5
§1355. Construction and equipment of machines; requirements6
Each voting machine used in an election shall be so constructed and equipped7
as to:8
* * *9
(6) When used in a first or second primary or a primary election at which10
members of a political party committee are to be voted on, allow election officials11
to lock out all candidate counters except those of the party with which the voter is12
affiliated or those of the party for which a voter unaffiliated with a recognized13
political party may vote in accordance with law.14
* * *15
§1401. Objections to candidacy and contests of elections; parties authorized to16
institute actions17
* * *18
B. A candidate who alleges that, except for substantial irregularities or error,19
or except for fraud or other unlawful activities in the conduct of the election, he20
would have qualified for a second party primary election or for a general election or21
would have been elected may bring an action contesting the election.22
* * *23
§1402. Proper parties24
* * *25
B.(1) The following persons are the proper parties against whom election26
contests shall be instituted:27
* * *28
(c) The person or persons whose eligibility to be a candidate in a second29 SB NO. 796
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party primary election or in a general election or whose election to office is1
contested.2
* * *3
§1405. Time for commencement of action4
A. An action objecting to candidacy shall be instituted not later than 4:305
p.m. of the seventh day after the close of qualifications for candidates in the primary6
or first party primary election. After the expiration of the time period set forth in this7
Section, no further action shall be commenced objecting to candidacy based on the8
grounds for objections to candidacy contained in R.S. 18:492.9
* * *10
§1406. Petition; answer; notification11
* * *12
B. The petition shall set forth in specific detail the facts upon which the13
objection or contest is based. If the action contests an election, the petition shall14
allege that except for substantial irregularities or error, fraud, or other unlawful15
activities in the conduct of the election, the petitioner would have qualified for a16
second party primary election or for a general election or would have been elected.17
The trial judge may allow the filing of amended pleadings for good cause shown and18
in the interest of justice.19
* * *20
§1407. Appointment of agent for service of process21
By filing notice of candidacy a candidate appoints the clerk of court for each22
parish in which he is to be voted on as his agent for service of process in any action23
objecting to his candidacy, contesting his qualification as a candidate in a second24
party primary election or in a general election, or contesting his election to office.25
* * *26
§1409. Trial; decision; appeal27
* * *28
B.(1) If the action involves the contest of a primary or first party primary29 SB NO. 796
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election for a major office, the trial judge, for good cause shown, may postpone the1
date of the second party primary election or the general election for the office as to2
which the contest was filed for a period not to exceed five weeks. If the action3
involves the contest of a second party primary for a major office, the trial judge may,4
for good cause shown, so postpone the general election.5
(2) Whenever the trial of an action contesting a primary or first or second6
party primary election for a major office, extends past 5:00 p.m. on the fourteenth7
day after the day of the election, the trial judge shall order the second party primary8
election and the general election, or the general election, as the case may be, for the9
affected office postponed to a Saturday specified by him which , for a second party10
primary election is at least thirty days after the date on which the trial court renders11
judgment and which for a general election is at least thirty days after the second12
party primary election.13
* * *14
§1432. Remedies15
A. If the trial judge in an action contesting an election determines that: (1)16
it is impossible to determine the result of election, or (2) the number of qualified17
voters who were denied the right to vote by the election officials was sufficient to18
change the result in the election, if they had been allowed to vote, or (3) the number19
of unqualified voters who were allowed to vote by the election officials was20
sufficient to change the result of the election if they had not been allowed to vote, or21
(4) a combination of the factors referred to in (2) and (3) in this Subsection would22
have been sufficient to change the result had they not occurred, the judge may render23
a final judgment declaring the election void and ordering a new primary or first and24
second party primary or second party primary or general election for all the25
candidates, or, if the judge determines that the appropriate remedy is the calling of26
a restricted election, the judge may render a final judgment ordering a restricted27
election, specifying the date of the election, the appropriate candidates for the28
election, the office or other position for which the election shall be held, and29 SB NO. 796
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indicating which voters will be eligible to vote.1
* * *2
§1461. Election offenses; penalties3
A. No person shall knowingly, willfully, or intentionally:4
* * *5
(17) Give or offer to give, directly or indirectly, any money or thing of6
present or prospective value to any person who has withdrawn or who was7
eliminated prior or subsequent to the primary or first or second primary election as8
a candidate for public office, for the purpose of securing or giving his political9
support to any remaining candidates or to candidates for public office in the primary10
or first or second primary or general election.11
* * *12
Section 2. R.S. 18:1275.1 through 1275.24 are hereby repealed in their entirety.13
Section 3. This Act shall become effective on January 1, 2011.14
The original instrument was prepared by Alden A. Clement, Jr. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by McHenry Lee.
DIGEST
Adley (SB 796)
Present law provides for a closed primary system for the election of members of congress,
which includes first party primary, second party primary, and general elections.
Present law provides that all recognized political parties are to make nominations of all
congressional candidates by direct party primary elections. Present law provides that in such
party primary elections, all qualified voters of the state may vote on the candidates for public
office who are affiliated with the same political party with which the voter is affiliated.
Present law further provides that voters unaffiliated with a recognized political party may
vote in a party primary election of a party that chooses to allow such voters to vote by party
rules and regulations, and permits such a voter to cast a vote in only one such primary related
to each election.
Present law provides that a candidate in a congressional first primary election must be
affiliated with a recognized political party and may qualify as a candidate only in the party
primary of the party with which he is affiliated as shown in his voter registration.
Present law provides that if after the close of qualifying, the number of persons to be
nominated by a recognized political party for a congressional office does not exceed the
number of persons to be nominated by that party, those persons are declared nominated and
their names will appear on the general election ballot, but not on the ballot in the second
primary. SB NO. 796
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Present law provides that a majority vote is required in the congressional first party primary
election for a candidate to be nominated by his party as a congressional candidate in the
general election to the office he seeks. Present law further provides that absent such
majority vote the two candidates from the same party receiving the highest number of votes
in the first party primary are to be voted on in the second party primary.
Present law provides relative to tie votes in the first party primary and death, withdrawal,
and disqualification of a candidate. Present law provides that there can be no third party
primary and further that the state central committee is to provide for the selection of a
nominee of their party in any situation not specifically provided for by present law.
Present law provides that the congressional candidate from each political party who received
the highest number of votes in the second party primary qualifies for the general election as
well as any candidate who received a majority in the first party primary. Present law
provides that the number of candidates that may qualify for the general election by party
nomination is one candidate from each recognized political party.
Present law provides that a person who is not affiliated with a recognized political party may
become a candidate in a general election by filing his notice of candidacy, which must be
accompanied by either the qualifying fee or a ballot access petition with the same number
of signatures required for candidates in the first party primary, in the same manner and
during the same time period as is provided for candidates in the first party primary who are
affiliated with a recognized political party.
Present law provides that all qualified voters may vote on candidates for public office in
general elections without regard to the voter's party affiliation or lack thereof, and all
candidates for public office who qualify for a general election may be voted on without
regard to the candidate's party affiliation or lack thereof. Present law specifies that in a
general election, the candidate with the most votes is elected whether or not he receives a
majority of the total votes cast.
Present law provides that congressional first party primary elections are to be held on the
first Saturday in September and congressional second party primary elections and primary
elections for officers elected at the same time as members of congress on the first Saturday
in October in even-numbered years.
Present law provides that the general election date for members of congress and officers
elected at the same time as members of congress is the first Tuesday after the first Monday
in November.
Proposed law repeals present law.
Proposed law provides that all qualified voters may vote on candidates for public office in
both primary and general elections, including congressional elections, without regard to the
voter's party affiliation or lack thereof, and that all candidates for public office who qualify
for a primary or general election may be voted on without regard to the candidate's party
affiliation or lack thereof.
Proposed law provides that all candidates, including congressional candidates, run in a single
primary, and that, unless a candidate receives a majority vote in the primary and is elected,
the top two candidates are the candidates in the general election.
Proposed law provides that a candidate, including a congressional candidate, who receives
a majority of the votes cast for an office in a primary election is elected.
Proposed law provides that the candidate who receives the most votes cast for an office in
a general election is elected. SB NO. 796
SLS 10RS-2554 REENGROSSED
Page 31 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law provides that primary elections for members of congress and for officers
elected at the same time as members of congress are to be held on the first Tuesday after the
first Monday in November of an election year. Proposed law provides that general elections
for members of congress and for officers elected at the same time as members of congress
are to be held on the first Saturday in December of an election year.
Proposed law establishes procedures for carrying out the provisions of the election system
established by proposed law.
Proposed law deletes all provisions relative to a closed primary system for congressional
candidates, and deletes from present law all references and provisions applicable to the
closed primary system for congressional elections contained in present law, including
references to first party primary and second party primary.
Proposed law otherwise retains present law.
Effective January 1, 2011.
(Amends R.S. 18:44(A) and (B)(5)(b), 110(B), 193(F), 197, 401(B), 402(B), (C)(intro.
para.), (E), and (G), 433(G)(1) and (H)(1)(intro. para.), 434(A)(1), (C)(intro. para.), and
(D)(1) and (2), 435(A)(1) and (B), 436, 453(A) and (B), 467(intro. para.) and (2), 468(A),
481, 491(A) and (C), 511(A) and (B), 512(B), 535(B), 552(A)(intro. para.), 1272(A),
1278(B), 1279, 1285(B)(1)(a), 1300(C)(1), 1300.7(A), 1306(A)(4) and (C)(2), 1307(A)(8)
and (E), 1308(A)(2)(a), 1314(B) and (C), 1355(6), 1401(B), 1402(B)(1)(c), 1405(A),
1406(B), 1407, 1409(B)(1) and (2), 1432(A), and 1461(A)(17); repeals R.S. 18:1275.1-
1275.24)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill.
1. Removes provisions in present law that relate specifically to 1995 election.