HLS 111ES-109 ENGROSSED
Page 1 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
First Extraordinary Session, 2011
HOUSE BILL NO. 29
BY REPRESENTATIVE LEGER
CENSUS: Provides relative to provisions in Title 18 which are limited in applicability to
political subdivisions or local areas meeting specified population characteristics
(Item #8)
AN ACT1
To amend and reenact R.S. 18:402(C)(introductory paragraph), (D), (E)(1)(c) and (e) and2
(2)(c) and (e), and (F)(3) and (6), 467(3) and (4), and 514, relative to provisions of3
Title 18 (Louisiana Election Code) of the Louisiana Revised Statutes of 1950 which4
are limited in applicability to certain political subdivisions or local areas based upon5
population classifications; to adjust population categories to retain applicability of6
provisions relative to dates of local elections and dates associated with such7
elections; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 18:402(C)(introductory paragraph), (D), (E)(1)(c) and (e) and (2)(c)10
and (e), and (F)(3) and (6), 467(3) and (4), and 514 are hereby amended and reenacted to11
read as follows:12
§402. Dates of primary and general elections13
* * *14
C. Municipal and ward elections. In all municipalities with a population of15
less than four three hundred seventy-five thousand, elections for municipal and ward16
officers who are not elected at the same time as the governor or members of congress17
shall be held every four years.18
* * *19 HLS 111ES-109 ENGROSSED
HB NO. 29
Page 2 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
D. Parochial and municipal elections in a parish containing a municipality1
with a population of four hundred seventy-five three hundred thousand or more.2
Elections for parochial and municipal officers in a parish containing a municipality3
with a population of four three hundred seventy-five thousand or more shall be held4
every four years, beginning in 2006, as follows:5
(1) Primary elections for parochial and municipal officers in a parish6
containing a municipality with a population of four hundred seventy-five thousand7
or more shall be held on the first Saturday in February of an election year.8
(2) General elections for parochial and municipal officers in a parish9
containing a municipality with a population of four hundred seventy-five thousand10
or more shall be held on the fourth Saturday after the first Saturday in February of11
an election year.12
E. Special elections to fill newly created office or vacancy in office. An13
election to fill a newly created office or vacancy in an existing office, except the14
office of state legislator or representative in congress, shall be held on the dates fixed15
by the appropriate authority in the proclamation ordering a special election as16
follows:17
(1) A special primary election shall be held on the first of the following days18
that is not less than eleven weeks after the date on which the proclamation calling the19
special primary election was issued:20
* * *21
(c) The first Saturday in April, when the special general election is held on22
the fourth Saturday after the first Saturday in April or on the second or third Saturday23
in February during the presidential election year, if the statewide presidential24
preference primary election is scheduled on the second or third Saturday in February25
of the presidential election year; however, commencing in 1986 and every fourth26
year thereafter, this date shall not be applicable in a parish containing a municipality27
with a population of four three hundred seventy-five thousand or more.28
* * *29 HLS 111ES-109 ENGROSSED
HB NO. 29
Page 3 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(e) The first Saturday in February of an election year for parish and1
municipal officers in a parish containing a municipality with a population of four2
three hundred seventy-five thousand or more.3
(2) A special general election shall be held on one of the following days:4
* * *5
(c) The fourth Saturday after the first Saturday in April of any year unless6
the primary election is held on the second or third Saturday in February; in such case7
the general election shall be held on the fourth Saturday after the second or third8
Saturday in February, as the case may be; however, commencing in 1986 and every9
fourth year thereafter, this date shall not be applicable in a parish containing a10
municipality with a population of four three hundred seventy-five thousand or more.11
* * *12
(e) The fourth Saturday after the first Saturday in February in a parish13
containing a municipality with a population of four three hundred seventy-fiv e14
thousand or more, when the special primary election in such parish and municipality15
is held on the first Saturday in February of an election year for parish and municipal16
officers.17
* * *18
F. Bond, tax, or other elections. Every bond, tax, or other election at which19
a proposition or question is to be submitted to the voters shall be held only on one20
of the following dates:21
* * *22
(3) The first Saturday in April or the fourth Saturday after the first Saturday23
in April of any year or on the second or third Saturday in February or fourth Saturday24
after the second or third Saturday in February, as the case may be, during the25
presidential election year, if the statewide presidential preference primary election26
is scheduled on the second or third Saturday in February of the presidential election27
year; however, commencing in 1994 and every fourth year thereafter, the first28 HLS 111ES-109 ENGROSSED
HB NO. 29
Page 4 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Saturday in April shall not be applicable in a parish containing a municipality with1
a population of four three hundred seventy-five thousand or more.2
* * *3
(6) For a parish containing a municipality with a population of four three4
hundred seventy-five thousand or more, the first Saturday in February or the fourth5
Saturday after the first Saturday in February in 1986 and every fourth year thereafter.6
* * *7
§467. Opening of qualifying period8
The qualifying period for candidates in a primary election shall open:9
* * *10
(3) For candidates in a primary election for municipal and ward officers who11
are not elected at the same time as the governor or members of congress in12
municipalities with a population of less than four three hundred seventy-five13
thousand and those in any special primary election to be held at the same time, on14
the second Wednesday in February of the year of the election, unless the primary15
election is held on the second or third Saturday in February; in such case the16
qualifying period for candidates in such primary election shall open on the second17
Wednesday in December of the year prior to the election.18
(4) For candidates in a primary election for parochial and municipal officers19
in a parish containing a municipality with a population of four three hundred20
seventy-five thousand or more and in which the municipal and parochial elections21
are held at the same time, on the second Wednesday in December preceding the year22
of the election.23
* * *24
§514. Parish with municipality population of four three hundred seventy-five25
thousand or more; municipal and parochial officers; date of taking office26
A. Except as otherwise provided in this Section, all All elected parochial and27
municipal officers in a parish containing a municipality with a population of four28 HLS 111ES-109 ENGROSSED
HB NO. 29
Page 5 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
three hundred seventy-five thousand or more shall take office on the first Monday1
in May of 1982 and each four years thereafter.2
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Leger HB No. 29
Abstract: Updates applicability of provisions in Title 18 as a result of the 2010 census.
Present law provides dates for primary and general elections including gubernatorial,
congressional, municipal, and special elections, and for proposition elections. Most of the
dates provided for local elections are applicable everywhere, but provides some exceptions
for a parish containing a municipality with a population of 475,000 or more.
For election of municipal and ward officers who are not elected at the same time as the
governor or members of congress, present law generally provides that the primary election
is held on the first Saturday in April, and the general election is held on the fourth Saturday
after the primary. (Present law provides different dates if a presidential preference primary
is held on the second or third Saturday in Feb. of the same year.)
For the election of municipal and parochial officers in a parish containing a municipality
with a population of 475,000 or more, present law provides that the primary is held on the
first Saturday in Feb., and the general election is held on the fourth Saturday after the
primary. Present law also authorizes such a parish to use these dates for a special election
to fill a newly created office or to fill a vacancy and to use the first Saturday in Feb. date for
a proposition election. Further provides specific dates for the opening of qualifying and for
officials to take office associated with these primary and general election dates.
Proposed law retains present law except to change the classification of parishes to which
special provisions apply; provisions applicable to a parish containing a municipality with
a population of 475,000 or more under present law are applicable to a parish containing a
municipality with a population of 300,000 or more under proposed law.
CITATION/
TOPIC
EXISTING LAW AFFECTED
LOCATIONS
PROPOSED
LAW
R.S. 18:402(D) - Dates
for election of parochial
and municipal officers
Parish containing a
municipality having a
population of 475,000+
Orleans Parish
(1990, 2000
census)
Parish
containing a
municipality
having a
population of
300,000+
R.S. 18:402(E) - Dates
for special election to
fill newly created office
or vacancy
Parish containing a
municipality having a
population of 475,000+
Orleans Parish
(1990, 2000
census)
Parish
containing a
municipality
having a
population of
300,000+ HLS 111ES-109 ENGROSSED
HB NO. 29
CITATION/
TOPIC
EXISTING LAW AFFECTED
LOCATIONS
PROPOSED
LAW
Page 6 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
R.S. 18:402(F) - Dates
for bond, tax, and other
elections
Parish containing a
municipality having a
population of 475,000+
Orleans Parish
(1990, 2000
census)
Parish
containing a
municipality
having a
population of
300,000+
R.S. 18:467(4) - Date
for opening of
qualifying for parochial
and municipal officers
Parish containing a
municipality having a
population of 475,000+
Orleans Parish
(1990, 2000
census)
Parish
containing a
municipality
having a
population of
300,000+
R.S. 18:514 - Date
parochial and municipal
officers take office
Parish containing a
municipality having a
population of 475,000+
Orleans Parish
(1990, 2000
census)
Parish
containing a
municipality
having a
population of
300,000+
(Amends R.S. 18:402(C)(intro. para.), (D), (E)(1)(c) and (e) and (2)(c) and (e), and (F)(3)
and (6), 467(3) and (4), and 514)