Louisiana 2011 1st Special Session

Louisiana Senate Bill SB11 Latest Draft

Bill / Chaptered Version

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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
First Extraordinary Session, 2011	ENROLLED
SENATE BILL NO. 11
BY SENATOR CLAITOR 
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
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(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
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§54.  Qualification; date; duplicate oath; bond; approval of bond19
Within thirty days after the date of his commission, each registrar shall20
qualify for office by subscribing to the oath of office prescribed by the constitution.21
The oath shall be filed with the clerk of court and a duplicate original or a certified22
copy thereof shall be filed with the secretary of state and with the state treasurer. In23
a parish containing a municipality with a population of 	four hundred seventy-five24
three hundred thousand or more, the oath shall be filed with the clerk of the civil25
district court. Each registrar also shall file with the state treasurer a bond, in favor26
of the governor and with security, for the faithful performance of the duties required27
ACT No. 32 SB NO. 11	ENROLLED
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of him and for the payment of such damages as may be sustained by his failure to1
discharge his duties. The sureties on the bond shall be with a company authorized2
to do business in Louisiana, and in each parish the bond shall be in the amount of3
five thousand dollars.4
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§423.  Parish boards of election supervisors6
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D.	*          *          *8
(2) Employees.  In a parish containing a municipality with a population of9
four hundred fifty three hundred thousand or more, the parish board of election10
supervisors may employ an executive administrator who shall be the principal11
assistant to the parish board of election supervisors.12
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§574.  Compilation and promulgation of returns14
A.	*          *          *15
(3) The board shall complete the compilation of the election returns and file16
one copy of the compiled statement with the clerk of court no later than 4:00 p.m. on17
the fourth day after the election.  One copy of the compiled statement shall be18
postmarked no later than 12:00 noon on the fifth day after the election and mailed19
to the secretary of state.  The clerk of court shall transmit the election returns as20
shown by the compiled statement from the parish board of election supervisors to the21
secretary of state no later than 12:00 noon on the fifth day after the election.  In a22
parish containing a municipality with a population of four hundred seventy-five23
three hundred thousand or more, the parish board of election supervisors shall24
transmit the election returns as shown by their compiled statement to the secretary25
of state no later than 12:00 noon on the fifth day after the election. Failure to comply26
with these time limits shall not void the election.27
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D.(1) The secretary of state shall compile the results of the election for all29
candidates, proposed constitutional amendments, and recall elections based upon the30 SB NO. 11	ENROLLED
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compilation of the votes transmitted to him by the clerks of court from the compiled1
statements by the parish boards of election supervisors.  In a parish containing a2
municipality with a population of four hundred seventy-five three hundred3
thousand or more, the secretary of state shall compile the results of the election for4
all candidates, proposed constitutional amendments, and recall elections based upon5
the compilation of the votes transmitted to him by the parish board of election6
supervisors. The compilation shall be completed and the results thereof shall be7
announced not later than twelve o'clock 12:00 noon on the sixth day after the8
election.9
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E.(1) On or before the twelfth day after the primary or general election, if no11
action has been timely filed contesting the election to the office of a state candidate,12
the secretary of state shall promulgate the returns for state candidates, proposed13
constitutional amendments, and recall elections by publishing in the official journal14
of the state the names of the state candidates for each office in the election, the text15
of the proposed constitutional amendment, and recall elections and the number of16
votes received by each such candidate, proposed constitutional amendment, and17
recall elections as shown by the returns transmitted by the clerks of court from the18
compiled statements by the parish boards of election supervisors. In a parish19
containing a municipality with a population of 	four hundred seventy-five three20
hundred thousand or more, the promulgation shall be from the returns transmitted21
by the parish board of election supervisors. On or before the twelfth day after the22
primary or general election, if no action has been timely filed contesting the election23
to office of a candidate other than a state candidate, the secretary of state shall24
promulgate the returns for the election for candidates other than state candidates by25
transmitting to the clerk of court for the parish wherein the state capitol capital is26
located a notice containing the results of the elections for candidates other than state27
candidates. The clerk of court shall post this notice in a prominent place in his28
office.29
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§1483.  Definitions1
As used in this Chapter, the following terms shall have the meanings herein2
given to each unless the context clearly indicates otherwise:3
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(7) "District office" means the following offices but shall not include any5
major office:6
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(d) All public offices elected in any election district containing a population8
in excess of thirty-five thousand as determined by the most recently published9
decennial federal census. All public offices elected in any city or parish election in10
a parish containing a municipality with a population of 	four hundred fifty three11
hundred thousand or more as determined by the most recent decennial federal12
census. All elected public offices to a board or governing authority which has,13
within its jurisdiction, a municipality with a population of two hundred twenty-five14
thousand or more as determined by the most recent decennial federal census.15
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PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: