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ACT No. 293
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.
AN ACT1
To amend and reenact R.S. 18:402(C)(1) and (2), (E)(1)(c) and (2)(c), and (F)(3), 467(3),2
1280.21(A), and 1280.22(B)(1), relative to the presidential preference primary3
election and elections held at the same time as such primary; to change the date of4
the presidential preference primary election; to change the qualifying period for5
presidential candidates; to change the dates of elections held at the same time as the6
presidential preference primary election and corresponding general elections held7
thereafter; to provide for qualifying for candidates in elections for certain municipal8
and ward offices; to provide relative to members of state central committees and9
parish executive committees; and to provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 18:402(C)(1) and (2), (E)(1)(c) and (2)(c), and (F)(3), 467(3),12
1280.21(A), and 1280.22(B)(1) are hereby amended and reenacted to read as follows:13
§402. Dates of primary and general elections14
* * *15
C. Municipal and ward elections. In all municipalities with a population of16
less than three hundred thousand, elections for municipal and ward officers who are17
not elected at the same time as the governor or members of congress shall be held18
every four years.19
(1) Primary elections for municipal and ward officers who are not elected at20
the same time as the governor or members of congress shall be held on the first21
Saturday in April of an election year, or on the second third Saturday after the first22 ENROLLEDHB NO. 509
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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 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 Saturday after the first Tuesday in February11
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 Saturday24
after the first Tuesday in February March during the presidential election year, if the25
statewide presidential preference primary election is scheduled on the second or third26
Saturday in February of the presidential election year; however, commencing in 198627 ENROLLEDHB NO. 509
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and every fourth year thereafter, this date shall not be applicable in a parish1
containing a municipality with a population of three hundred 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 Saturday after the first Tuesday7
in February March; in such case, the general election shall be held on the fourth8
Saturday after the second or third Saturday after the first Tuesday in February March,9
as the case may be; however, commencing in 1986 and every fourth year thereafter,10
this date shall not be applicable in a parish containing a municipality with a11
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 Saturday after the first Tuesday in19
February March or the fourth Saturday after the second or third Saturday after the20
first Tuesday in February March, as the case may be, during the presidential election21
year, if the statewide presidential preference primary election is scheduled on the22
second or third Saturday in February of the presidential election year; however,23
commencing in 1994 and every fourth year thereafter, the first Saturday in April24
shall not be applicable in a parish containing a municipality with a population of25
three hundred thousand or more.26
* * *27
§467. Opening of qualifying period28
The qualifying period for candidates in a primary election shall open:29
* * *30 ENROLLEDHB NO. 509
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(3) For candidates in a primary election for municipal and ward officers who1
are not elected at the same time as the governor or members of congress in2
municipalities with a population of less than four hundred seventy-five thousand and3
those in any special primary election to be held at the same time, on the second4
Wednesday in February of the year of the election, unless the primary election is5
held on the second or third Saturday after the first Tuesday in February March; in6
such case the qualifying period for candidates in such primary election shall open on7
the second first Wednesday in December of the year prior to the election.8
* * *9
§1280.21. Presidential preference primary election10
A. A statewide presidential preference primary election shall be held on the11
second third Saturday after the first Tuesday in February March in 2008 2012 and12
every fourth year thereafter for the purpose of allowing the electors of each political13
party in the state which has forty thousand or more registered members to express14
their preference for a person to be the nominee of the party for president of the15
United States, except when a legal holiday falls on the second Tuesday of February,16
in which case, the presidential preference primary election shall be held on the third17
Saturday in February.18
* * *19
§1280.22. Candidates; procedure for qualifying20
* * *21
B.(1) The qualifying period for presidential candidates shall open on the22
second first Wednesday in December and shall close at 5:00 p.m. on the following23
Friday. During the qualifyi ng period, presidential candidates shall file notices of24
candidacy with the secretary of state.25
* * *26 ENROLLEDHB NO. 509
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Section 2. Each member of a parish executive committee or state central committee1
of a recognized political party serving on the effective date of this Act shall serve until his2
successor is elected and takes office.3
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: