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First Extraordinary Session, 2011
SENATE BILL NO. 11
BY SENATOR CLAITOR
CENSUS. Provides relative to provisions in Title 18 which are limited in applicability to
political subdivisions or local areas meeting specified population characteristics.
AN ACT1
To amend and reenact R.S. 18:2(5), 54, 423(D)(2), 574(A)(3), (D)(1), and (E)(1), and2
1483(7)(d), relative to provisions of Title 18 (Louisiana Election Code) of the3
Louisiana Revised Statutes of 1950, which are limited in applicability to certain4
political subdivisions or local areas based upon population classifications; to specify5
applicability to one or more political subdivisions or local areas; to adjust population6
categories to retain applicability; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 18:2(5), 54, 423(D)(2), 574(A)(3), (D)(1), and (E)(1), and 1483(7)(d)9
are hereby amended and reenacted to read as follows: 10
§2. Definitions11
As used in this Code, the following words and terms shall have the meanings12
hereinafter ascribed to each, unless the context clearly indicates another meaning:13
* * *14
(5) "Parish governing authority" or "governing authority of the parish" with15
respect to a parish containing a municipality having a population of more than four16
hundred seventy-five thousand, Orleans Parish means the city council.17 SB NO. 11
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* * *1
§54. Qualification; date; duplicate oath; bond; approval of bond2
Within thirty days after the date of his commission, each registrar shall3
qualify for office by subscribing to the oath of office prescribed by the constitution.4
The oath shall be filed with the clerk of court and a duplicate original or a certified5
copy thereof shall be filed with the secretary of state and with the state treasurer. In6
a parish containing a municipality with a population of four hundred seventy-five7
three hundred thousand or more, the oath shall be filed with the clerk of the civil8
district court. Each registrar also shall file with the state treasurer a bond, in favor9
of the governor and with security, for the faithful performance of the duties required10
of him and for the payment of such damages as may be sustained by his failure to11
discharge his duties. The sureties on the bond shall be with a company authorized12
to do business in Louisiana, and in each parish the bond shall be in the amount of13
five thousand dollars.14
* * *15
§423. Parish boards of election supervisors16
* * *17
D. * * *18
(2) Employees. In a parish containing a municipality with a population of19
four hundred fifty three hundred thousand or more, the parish board of election20
supervisors may employ an executive administrator who shall be the principal21
assistant to the parish board of election supervisors.22
* * *23
§574. Compilation and promulgation of returns24
A. * * *25
(3) The board shall complete the compilation of the election returns and file26
one copy of the compiled statement with the clerk of court no later than 4:00 p.m. on27
the fourth day after the election. One copy of the compiled statement shall be28
postmarked no later than 12:00 noon on the fifth day after the election and mailed29 SB NO. 11
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to the secretary of state. The clerk of court shall transmit the election returns as1
shown by the compiled statement from the parish board of election supervisors to the2
secretary of state no later than 12:00 noon on the fifth day after the election. In a3
parish containing a municipality with a population of four hundred seventy-fi ve4
three hundred thousand or more, the parish board of election supervisors shall5
transmit the election returns as shown by their compiled statement to the secretary6
of state no later than 12:00 noon on the fifth day after the election. Failure to comply7
with these time limits shall not void the election.8
* * *9
D.(1) The secretary of state shall compile the results of the election for all10
candidates, proposed constitutional amendments, and recall elections based upon the11
compilation of the votes transmitted to him by the clerks of court from the compiled12
statements by the parish boards of election supervisors. In a parish containing a13
municipality with a population of four hundred seventy-five three hundred14
thousand or more, the secretary of state shall compile the results of the election for15
all candidates, proposed constitutional amendments, and recall elections based upon16
the compilation of the votes transmitted to him by the parish board of election17
supervisors. The compilation shall be completed and the results thereof shall be18
announced not later than twelve o'clock 12:00 noon on the sixth day after the19
election.20
* * *21
E.(1) On or before the twelfth day after the primary or general election, if no22
action has been timely filed contesting the election to the office of a state candidate,23
the secretary of state shall promulgate the returns for state candidates, proposed24
constitutional amendments, and recall elections by publishing in the official journal25
of the state the names of the state candidates for each office in the election, the text26
of the proposed constitutional amendment, and recall elections and the number of27
votes received by each such candidate, proposed constitutional amendment, and28
recall elections as shown by the returns transmitted by the clerks of court from the29 SB NO. 11
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compiled statements by the parish boards of election supervisors. In a parish1
containing a municipality with a population of four hundred seventy-five three2
hundred thousand or more, the promulgation shall be from the returns transmitted3
by the parish board of election supervisors. On or before the twelfth day after the4
primary or general election, if no action has been timely filed contesting the election5
to office of a candidate other than a state candidate, the secretary of state shall6
promulgate the returns for the election for candidates other than state candidates by7
transmitting to the clerk of court for the parish wherein the state capitol capital is8
located a notice containing the results of the elections for candidates other than state9
candidates. The clerk of court shall post this notice in a prominent place in his10
office.11
* * *12
§1483. Definitions13
As used in this Chapter, the following terms shall have the meanings herein14
given to each unless the context clearly indicates otherwise:15
* * *16
(7) "District office" means the following offices but shall not include any17
major office:18
* * *19
(d) All public offices elected in any election district containing a population20
in excess of thirty-five thousand as determined by the most recently published21
decennial federal census. All public offices elected in any city or parish election in22
a parish containing a municipality with a population of four hundred fifty three23
hundred thousand or more as determined by the most recent decennial federal24
census. All elected public offices to a board or governing authority which has,25
within its jurisdiction, a municipality with a population of two hundred twenty-five26
thousand or more as determined by the most recent decennial federal census.27
* * *28 SB NO. 11
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Tim Prather.
DIGEST
Claitor (SB 11)
Proposed law, contained in Title 18 (Louisiana Election Code) of the Louisiana Revised
Statutes of 1950, legislates with regard to classifications of parishes, municipalities, or other
political subdivisions or local areas according to population by limiting the application of
laws based upon specific classifications to one or more parishes, municipalities, or other
political subdivisions or local areas and by adjusting the population ranges affected by the
2010 census, as follows:
CITATION/
TOPIC
EXISTING LAW AFFECTED
LOCATIONS
PROPOSED
LAW
R.S. 18:2(5) - Definition
of "parish governing
authority" for the
election code
Parish containing a
municipality having a
population of 475,000 +
Orleans Parish
(1990, 2000
census)
Orleans
Parish
R.S. 18:54 - Filing of
oath of office for
registrar of voters
Parish containing a
municipality with a
population of 475,000 +
Orleans Parish
(1990, 2000
census)
Municipality
with a
population of
300,000 +
R.S. 18:423(D)(2) -
Employees of parish
boards of election
supervisors; executive
administrator
Parish containing a
municipality with a
population of 450,000 +
Orleans Parish
(2000 census)
Municipality
with a
population of
300,000 +
R.S. 18:574(A)(3),
(D)(1), and (E)(1) -
Compilation and
promulgation of
election returns;
transmittal to secretary
of state
Parish containing a
municipality with a
population of 475,000 +
Orleans Parish
(1990, 2000
census)
Municipality
with a
population of
300,000 +
R.S. 18:1483(7)(d) -
Definition of "district
office" for purposes of
campaign finance
provisions
Parish containing a
municipality with a
population of 450,000 +
Orleans Parish
(1980, 1990,
2000 census)
Municipality
with a
population of
300,000 +
(Amends R.S. 18:2(5), 54, 423(D)(2), 574(A)(3), (D)(1), and (E)(1), and 1483(7)(d))