HLS 111ES-330 ORIGINAL
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First Extraordinary Session, 2011
HOUSE BILL NO. 44
BY REPRESENTATIVE PATRICIA SMITH
REAPPORTIONMENT/JUDGES: Provides relative to the Court of Appeal, First Circuit
(Item #7)
AN ACT1
To amend and reenact R.S. 13:312(1)(b) and 312.1(A), relative to the Court of Appeal for2
the First Circuit; to provide election sections for the election of judges to the first and3
third districts of the Court of Appeal for the First Circuit; to provide for the4
assignment of judgeships for election purposes; to provide for the election of judges;5
to provide for effectiveness; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 13:312(1)(b) and 312.1(A) are hereby amended and reenacted to read8
as follows: 9
§312. Courts of appeal; circuits and districts10
There shall be five court of appeal circuits, which shall be subdivided into11
districts as follows:12
1.13
* * *14
(b) Districts of first circuit. (i) The parishes of Ascension, Assumption,15
Iberville, Lafourche, Pointe Coupee, St. Mary, Terrebonne, and West Baton Rouge16
shall compose the first district of the first circuit. The first district shall be further17
divided into two three election sections.18
(aa) Election section one shall be composed of Ascension Parish,19
Assumption Parish, Iberville Parish, Pointe Coupee Parish, and West Baton Rouge20 HLS 111ES-330 ORIGINAL
HB NO. 44
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Parish Precincts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21,1
22, 23, 24, 25, 26, 27, 28, 30, 31, 32, 33, 34, 35, 40, 41, 43, 50, 55, 58, 60, and 61 of2
Ascension Parish; Precincts 1-1, 1-2, 2-1, 2-2, 2-3, 3-1, 3-2, 4-1, 4-2, 5-1, 5-2, 5-3,3
5-4, 7-2, 8-1, and 9-1 of Assumption Parish; Precincts 4, 5, 6A, 24, 25, 25A, 25B,4
26, 26A, 27, 28, 29, 30, and 31 of Iberville Parish; Precincts 1, 2, 3, 4, 5, 6, 16A,5
16B, 17, 18, 20A, 20B, and 21 of Pointe Coupee Parish; and Precincts 2-1A, 2-1B,6
2-2, 2-3, 3-1B, 7-1, and 7-4 of West Baton Rouge Parish.7
(bb) Election section two shall be composed of Lafourche Parish, St. Mary8
Parish, and Terrebonne Parish. 9
(cc) Election section three shall be composed of Precincts 36, 37, 39, 42, 44,10
45, 47, 48, 49, 51, 52, 53, 54, 56, and 57 of Ascension Parish; Precincts 6-1, 6-2, and11
7-1 of Assumption Parish; Precincts 1, 2, 3, 6, 7, 8, 10, 11, 12, 13, 13A, 13B, 13C,12
14, 14A, 14B, 15, 15A, 15B, 16, 17, 17A, 18, 19, 19A, 20, 21, 22, 23, and 32 of13
Iberville Parish; Precincts 7, 8, 9, 10A, 10B, 11, 12, 13A, 13B, 14, 15A, 15B, 19A,14
22A, 23, and 24 of Pointe Coupee Parish; and Precincts 1-1, 3-1A, 3-2, 4-1, 4-2,15
4-3A, 4-3B, 4-4, 4-5, 5-1, 6-1, 6-2, 7-2, and 7-3 of West Baton Rouge Parish16
(ii) The parish of East Baton Rouge shall compose the second district of the17
first circuit. 18
(iii) The parishes of East Feliciana, Livingston, St. Helena, St. Tammany,19
Tangipahoa, Washington, and West Feliciana shall compose the third district of the20
first circuit. The third district shall be further divided into two election sections.21
(aa) Election section one shall be composed of East Feliciana Parish; St.22
Helena Parish; Precincts 1, 2, 6, 11, 15, 16, 17, 18, 26, 27A, 42, 42A, 43, 45, 45A,23
46, 47, 48, 49, 101, 103, 105, 107, 109, 109A, 111, 111A, 115B, 119, 123, 129, and24
129A of Tangipahoa Parish; and West Feliciana Parish.25
(bb) Election section two shall be composed of Livingston Parish; St.26
Tammany Parish; Precincts 27, 28, 28A, 33, 40, 40A, 41, 44, 70, 70A, 71, 72, 72A,27
73, 74, 102, 104, 104A, 106, 106A, 106B, 108, 110, 112, 114, 116, 117, 118, 120,28
120A, 120B, 121, 121A, 121B, 122, 122A, 124, 125, 127, 127A, 133, 133A, 137,29 HLS 111ES-330 ORIGINAL
HB NO. 44
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137A, 137B, 137C, 137D, 139, 141, 141A, 143, 145, 149, 149A, and 151 of1
Tangipahoa Parish; and Washington Parish.2
* * *3
§312.1. Circuit court of appeal; domicile; number of judges; election4
A. The Court of Appeal for the First Circuit, domiciled in the city of Baton5
Rouge, shall have twelve judges. Four judges shall be elected from each of the three6
districts composing the circuit by the qualified electors of each district, respectively.7
However, in In the first district, one judge, Division C, shall be elected from election8
section one by the qualified electors of election section one, and one judge, Division9
A B, shall be elected from election section two three by the qualified electors of10
election section two three. The remaining two judges in the first district, Divisions11
B A and D, shall be elected from election section two by the qualified electors of the12
entire first district election section two. In the third district, one judge, Division D,13
shall be elected from election section one by the qualified electors of election section14
one, and two judges, Divisions A and B, shall be elected from election section two15
by the qualified electors of election section two. The remaining judge in the third16
district, Division C, shall be elected by the qualified electors of the entire third17
district.18
* * *19
Section 2.(A) The precincts referenced in this Act are those precincts identified as20
Voting Districts (VTDs) in the 2010 Census Redistricting TIGER/Line Shapefiles for the21
State of Louisiana.22
(B) When a precinct referenced in this Act has been subdivided by action of the23
parish governing authority on a nongeographic basis or subdivided by action of the parish24
governing authority on a geographic basis in accordance with the provisions of R.S.25
18:532.1, the enumeration in this Act of the general precinct designation shall include all26
nongeographic and all geographic subdivisions thereof, however such subdivisions may be27
designated. The territorial limits of the election sections as provided in this Act shall28 HLS 111ES-330 ORIGINAL
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continue in effect without change regardless of any changes made to the precincts by the1
parish governing authority.2
Section 3.(A) The judgeship designated on the effective date of this Act as Division3
C of the first district of the Court of Appeal for the First Circuit is hereby assigned to4
election section one of the first district for election purposes. The judgeship designated on5
the effective date of this Act as Division B of the first district of the Court of Appeal for the6
First Circuit is hereby assigned to election section three of the first district for election7
purposes. The judgeships designated on the effective date of this Act as Divisions A and D8
of the first district of the Court of Appeal for the First Circuit are hereby assigned to election9
section two of the first district for election purposes.10
(B) The judgeship designated on the effective date of this Act as Division D of the11
third district of the Court of Appeal for the First Circuit is hereby assigned to election12
section one for election purposes. The judgeships designated on the effective date of this13
Act as Divisions A and B of the third district of the Court of Appeal for the First Circuit are14
hereby assigned to election section two for election purposes.15
Section 4. The provisions of Section 2 of Act 369 of the 2008 Regular Session of the16
Legislature shall be null, void, and of no effect.17
Section 5. This Act shall become effective upon signature by the governor or, if not18
signed by the governor, upon expiration of the time for bills to become law without signature19
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If20
vetoed by the governor and subsequently approved by the legislature, this Act shall become21
effective on the day following such approval.22
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)]
Patricia Smith HB No. 44
Abstract: Provides geographic boundaries for election sections in the first and third
districts of the Court of Appeal for the First Circuit and provides for the assignment
of judgeships in those districts for election purposes. HLS 111ES-330 ORIGINAL
HB NO. 44
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Statistical summaries of proposed law as well as maps illustrating proposed district
boundaries accompany this digest. (Attached to hard copies of the bill distributed
during session and available as a separate document on the Internet.)
Present law divides the state into five court of appeal circuits and divides each circuit into
three districts. Provides that the Court of Appeal for the First Circuit is comprised of
Ascension, Assumption, East Baton Rouge, East Feliciana, Iberville, Lafourche, Livingston,
Pointe Coupee, St. Helena, St. Mary, St. Tammany, Tangipahoa, Terrebonne, Washington,
West Baton Rouge, and West Feliciana parishes.
Present law provides that the first district of the Court of Appeal for the First Circuit is
comprised of Ascension, Assumption, Iberville, Lafourche, Pointe Coupee, St. Mary,
Terrebonne, and West Baton Rouge parishes. Provides that the second district of the Court
of Appeal for the First Circuit is comprised of East Baton Rouge Parish. Provides that the
third district of the Court of Appeal for the First Circuit is comprised of East Feliciana,
Livingston, St. Helena, St. Tammany, Tangipahoa, Washington, and West Feliciana
parishes.
Present law provides that four judges are elected from each of the three districts of the first
circuit.
Proposed law retains present law.
First District
Present law divides the first district into two election sections. Provides that election section
one is comprised of Ascension, Assumption, Iberville, Pointe Coupee, and West Baton
Rouge parishes. Proposed law divides the first district into three election sections instead
of two. Changes the composition of election section one by enacting election section three
within the geographic boundaries of election section one.
Present law provides that election section two is comprised of Lafourche, St. Mary, and
Terrebonne parishes. Proposed law retains present law.
Present law provides that in the first district, one judge, Division C, shall be elected from
election section one by the qualified electors of election section one, and one judge, Division
A, shall be elected from election section two by the qualified electors of election section two.
Provides that the remaining two judges, Divisions B and D, shall be elected by the qualified
electors of the entire first district.
Proposed law provides that in the first district, one judge, Division C, shall be elected from
election section one by the qualified electors of election section one, and one judge, Division
B (instead of A), shall be elected from the newly enacted election section three by the
qualified electors of election section three. Provides that the remaining two judges in the
first district, Divisions A and D, shall be elected from election section two by the qualified
electors of election section two, instead of being elected district wide.
Present law provides that the election to fill the judgeship designated as Division C of the
first district shall be held at the congressional elections to be held in 2014 from election
section one as established by present law or at any specially called election due to the earlier
of the death, resignation, retirement, or incapacity of a judge. Provides that the election to
fill the judgeship designated as Division A of the first district shall be held at the
congressional elections to be held in 2018 from election section two as established by
present law or at any specially called election due to the earlier of the death, resignation,
retirement, or incapacity of a judge.
Proposed law repeals present law. Provides that the judgeship designated on the effective
date of proposed law as Division C of the first district is assigned to election section one for HLS 111ES-330 ORIGINAL
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election purposes. Provides that the judgeship designated on the effective date of proposed
law as Division B of the first district is assigned to election section three for election
purposes. Provides that the judgeships designated on the effective date of proposed law as
Divisions A and D of the first district are assigned to election section two for election
purposes.
Third District
Proposed law enacts two election sections in the third district. Provides that in the third
district, one judge, Division D, shall be elected from election section one by the qualified
electors of election section one, and two judges, Divisions A and B, shall be elected from
election section two by the qualified electors of election section two. Provides that the
remaining judge in the third district, Division C, shall be elected by the qualified electors of
the entire third district.
Proposed law provides that the judgeship designated on the effective date of proposed law
as Division D of the third district is assigned to election section one for election purposes.
Provides that the judgeships designated on the effective date of proposed law as Divisions
A and B of the third district are assigned to election section two for election purposes.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 13:312(1)(b) and 312.1(A))