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Regular Session, 2011
HOUSE BILL NO. 509
BY REPRESENTATIVES HUTTER AND SEABAUGH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ELECTIONS/PRES PRIMARY: Changes the date of the presidential preference primary
and elections held at the same time
AN ACT1
To amend and reenact R.S. 18:402(C)(1) and (2), (E)(1)(c) and (2)(c), and (F)(3) and2
1280.21(A), relative to the presidential preference primary election and elections3
held at the same time as such primary; to change the date of the presidential4
preference primary election; to change the dates of elections held at the same time5
as the presidential preference primary election and corresponding general elections6
held thereafter; to provide relative to members of state central committees and parish7
executive committees; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 18:402(C)(1) and (2), (E)(1)(c) and (2)(c), and (F)(3) and 1280.21(A)10
are hereby amended and reenacted to read as follows:11
§402. Dates of primary and general elections12
* * *13
C. Municipal and ward elections. In all municipalities with a population of14
less than three hundred thousand, elections for municipal and ward officers who are15
not elected at the same time as the governor or members of congress shall be held16
every four years.17
(1) Primary elections for municipal and ward officers who are not elected at18
the same time as the governor or members of congress shall be held on the first19
Saturday in April of an election year, or on the second first Saturday after the first20 HLS 11RS-875 ENGROSSED
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Tuesday in February March of an election year, if the statewide presidential1
preference primary election is scheduled on the second Saturday in February of the2
presidential election year, or on the third Saturday in February of an election year,3
if the statewide presidential preference primary election is scheduled on the third4
Saturday in February of the presidential election year.5
(2) General elections for municipal and ward officers who are not elected at6
the same time as the governor or members of congress shall be held on the fourth7
Saturday after the first Saturday in April of an election year unless the primary8
election for such officers is held on the second or third first Saturday after the first9
Tuesday in February March; in such case, the general election shall be held on the10
fourth Saturday after the second or third first Saturday after the first Tuesday in11
February March, as the case may be, of an election year.12
* * *13
E. Special elections to fill newly created office or vacancy in office. An14
election to fill a newly created office or vacancy in an existing office, except the15
office of state legislator or representative in congress, shall be held on the dates fixed16
by the appropriate authority in the proclamation ordering a special election as17
follows:18
(1) A special primary election shall be held on the first of the following days19
that is not less than eleven weeks after the date on which the proclamation calling the20
special primary election was issued:21
* * *22
(c) The first Saturday in April, when the special general election is held on23
the fourth Saturday after the first Saturday in April or on the second or third first24
Saturday after the first Tuesday in February March during the presidential election25
year, if the statewide presidential preference primary election is scheduled on the26
second or third Saturday in February of the presidential election year; however,27
commencing in 1986 and every fourth year thereafter, this date shall not be28 HLS 11RS-875 ENGROSSED
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applicable in a parish containing a municipality with a population of three hundred1
thousand or more.2
* * *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 first Saturday after the first7
Tuesday in February March; in such case, the general election shall be held on the8
fourth Saturday after the second or third first Saturday after the first Tuesday in9
February March, as the case may be; however, commencing in 1986 and every fourth10
year thereafter, this date shall not be applicable in a parish containing a municipality11
with a population of three hundred thousand or more.12
* * *13
F. Bond, tax, or other elections. Every bond, tax, or other election at which14
a proposition or question is to be submitted to the voters shall be held only on one15
of the following dates:16
* * *17
(3) The first Saturday in April or the fourth Saturday after the first Saturday18
in April of any year or on the second or third first Saturday after the first Tuesday in19
February March or the fourth Saturday after the second or third first Saturday after20
the first Tuesday in February March, as the case may be, during the presidential21
election year , if the statewide presidential preference primary election is scheduled22
on the second or third Saturday in February of the presidential election year;23
however, commencing in 1994 and every fourth year thereafter, the first Saturday in24
April shall not be applicable in a parish containing a municipality with a population25
of three hundred thousand or more.26
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§1280.21. Presidential preference primary election1
A. A statewide presidential preference primary election shall be held on the2
second first Saturday after the first Tuesday in February March in 2008 2012 and3
every fourth year thereafter for the purpose of allowing the electors of each political4
party in the state which has forty thousand or more registered members to express5
their preference for a person to be the nominee of the party for president of the6
United States, except when a legal holiday falls on the second Tuesday of February,7
in which case, the presidential preference primary election shall be held on the third8
Saturday in February.9
* * *10
Section 2. Each member of a parish executive committee or state central committee11
of a recognized political party serving on the effective date of this Act shall serve until his12
successor is elected and takes office.13
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)]
Hutter HB No. 509
Abstract: Changes the date of the presidential preference primary and elections held at the
same time from the second or third Saturday in February to the first Saturday after
the first Tuesday in March.
Present law (R.S. 18:1280.21) provides that a statewide presidential preference primary
election shall be held on the second Saturday in February in 2008 and every fourth year
thereafter for the purpose of allowing the electors of each political party in the state which
has 40,000 or more registered members to express their preference for a person to be the
nominee of the party for president of the U.S., except when a legal holiday falls on the
second Tuesday of February, in which case, the presidential preference primary election
shall be held on the third Saturday in February.
Present law (R.S. 18:402) provides that municipal and ward officers in municipalities with
a population of less than 300,000 who are not elected at the same time as the governor or
members of congress may be elected at a primary held at the same time as the presidential
preference primary and at a general election held four weeks later.
Present law provides that a special primary election to fill a newly created office or vacancy
in office may be held at the same time as the presidential preference primary and a special
general election may be held four weeks later. HLS 11RS-875 ENGROSSED
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Present law provides that a bond, tax, or other election at which a proposition or question is
to be submitted to the voters may be held on the same date as the presidential preference
primary.
Proposed law changes the date of the presidential preference primary and elections held at
the same time from the second or third Saturday in February to the first Saturday after the
first Tuesday in March. Changes corresponding dates for general elections from four weeks
after the second or third Saturday in February to four weeks after the first Saturday after the
first Tuesday in March.
Present law provides that the qualifying period for presidential candidates opens on the
second Wednesday in December and closes at 5:00 p.m. on the following Friday. Proposed
law retains present law.
Present law (R.S. 18:443) provides that all members of the state central committee of a
recognized political party shall be elected every four years at the same time as the
presidential preference primary election. Provides that the term of office shall not extend
for a period beyond the time for which the member was elected.
Present law (R.S. 18:443.2) provides relative to a recognized political party with which 30%
or less of the registered voters in the state are affiliated. Provides that members of the state
central committee of such a party, except for certain elected officials who are automatically
members, shall be elected at the same time as the presidential preference primary election.
Provides that such members serve a four-year term and that the term of office shall not
extend for a period beyond the time for which the member was elected.
Present law (R.S. 18:444) provides that members of a parish executive committee of a
recognized political party are elected every four years at the same time as the presidential
preference primary election. Provides that the term of office shall not extend beyond the
time for which the member was elected. Provides the same time of election regarding a
party with which 30% or less of registered voters are affiliated.
Proposed law retains present law and provides that each member of a parish executive
committee or state central committee of a recognized political party serving on the effective
date of proposed law shall serve until his successor is elected and takes office.
(Amends R.S. 18:402(C)(1) and (2), (E)(1)(c) and (2)(c), and (F)(3) and 1280.21(A))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original bill.
1. Removes proposed changes to the qualifying dates for certain candidates for
municipal and ward officers.
2. Removes proposed changes to the qualifying dates for presidential candidates.