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Regular Session, 2011
HOUSE BILL NO. 539
BY REPRESENTATIVE TUCKER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ELECTION DAYS: Provides relative to elections
AN ACT1
To amend and reenact R.S. 18:402, relative to elections; to provide relative to the conduct2
of elections; to provide relative to election dates; to provide relative to the authority3
to call or hold elections; to remove provisions for certain elections; and to provide4
for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 18:402 is hereby amended and reenacted to read as follows: 7
§402. Dates of primary and general elections8
A. Gubernatorial elections. Elections for governor and officers elected at the9
same time as the governor shall be held every four years, beginning in 1983, as10
provided in this Subsection.11
(1) Gubernatorial primary elections shall be held on the second to last12
Saturday in October of an election year.13
(2) Gubernatorial general elections shall be held on the fourth Saturday after14
the second to last Saturday in October of an election year.15
B. Congressional elections. Elections for members of congress and officers16
elected at the same time as members of congress shall be held every two years,17
beginning in 1982, as provided in this Subsection.18 HLS 11RS-941 ORIGINAL
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(1) Primary elections for members of congress and officers elected at the1
same time as members of congress shall be held on the first Tuesday after the first2
Monday in November of an election year.3
(2) General elections for members of congress and officers elected at the4
same time as members of congress shall be held on the first Saturday in December5
of an election year.6
C. Municipal and ward elections. In all municipalities with a population of7
less than four three hundred seventy-five thousand, elections for municipal and ward8
officers who are not elected at the same time as the governor or members of congress9
shall be held every four years as provided in this Subsection.10
(1) Primary elections for municipal and ward officers who are not elected at11
the same time as the governor or members of congress shall be held on the first12
Saturday in April of an election year, or on the second Saturday in February of an13
election year , if the statewide presidential preference primary election is scheduled14
to be held on the second Saturday in February of the presidential election year, or on15
the third Saturday in February of an election year, if the statewide presidential16
preference primary election is scheduled to be held on the third Saturday in February17
of the presidential election year.18
(2) General elections for municipal and ward officers who are not elected at19
the same time as the governor or members of congress shall be held on the fourth20
Saturday after the first Saturday in April of an election year unless the primary21
election for such officers is held on the second or third Saturday in February; in. In22
such case, the general election shall be held on the fourth Saturday after the second23
or third Saturday in February, as the case may be, of an election year.24
D. Parochial and municipal elections in a parish containing a municipality25
with a population of four three hundred seventy-five thousand or more. Elections for26
parochial and municipal officers in a parish containing a municipality with a27
population of four three hundred seventy-five thousand or more shall be held every28
four years, beginning in 2006, as provided in this Subsection.29 HLS 11RS-941 ORIGINAL
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(1) Primary elections for parochial and municipal officers in a parish1
containing a municipality with a population of four hundred seventy-five thousand2
or more shall be held on the first Saturday in February of an election year.3
(2) General elections for parochial and municipal officers in a parish4
containing a municipality with a population of four hundred seventy-five thousand5
or more shall be held on the fourth Saturday after the first Saturday in February of6
an election year.7
E. Special elections to fill newly created office or vacancy in office. An8
election to fill a newly created office or a vacancy in an existing office, except the9
office of state legislator or representative in congress, shall be held on the dates fixed10
by the appropriate authority in the proclamation ordering a special election as11
follows:12
(1) A special primary election shall be held on the first of the following days13
that is not less than eleven weeks after the date on which the proclamation calling the14
special primary election was issued:15
(a) The second to last Saturday in October, when the special general election16
is held on the fourth Saturday after the second to last Saturday in October.17
(b) The first Tuesday after the first Monday in November, when the special18
general election is held on the first Saturday in December.19
(c) The first Saturday in April, when the special general election is held on20
the fourth Saturday after the first Saturday in April or on the second or third Saturday21
in February during the presidential election year, if the statewide presidential22
preference primary election is scheduled to be held on the second or third Saturday23
in February of the presidential election year; however, However, commencing in24
1986 and every fourth year thereafter, this date shall not be applicable in a parish25
containing a municipality with a population of four three hundred seventy-five26
thousand or more.27 HLS 11RS-941 ORIGINAL
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(d) The third Saturday in October, when the special general election is held1
on the fourth Saturday after the third Saturday in October of 1985 and every fourth2
year thereafter.3
(e) The first Saturday in February of an election year for parish and4
municipal officers in a parish containing a municipality with a population of four5
three hundred seventy-five thousand or more.6
(2) A special general election shall be held on one of the following days:7
(a) The fourth Saturday after the second to last Saturday in October of 19838
and every fourth year thereafter.9
(b) The first Saturday in December of even-numbered years.10
(c) The fourth Saturday after the first Saturday in April of any year unless11
the primary election is held on the second or third Saturday in February; in, In such12
case, the general election shall be held on the fourth Saturday after the second or13
third Saturday in February, as the case may be; however. However, commencing in14
1986 and every fourth year thereafter, this date shall not be applicable in a parish15
containing a municipality with a population of four three hundred seventy-five16
thousand or more.17
(d) The fourth Saturday after the third Saturday in October of 1985 and every18
fourth year thereafter.19
(e) The fourth Saturday after the first Saturday in February in a parish20
containing a municipality with a population of four three hundred seventy-five21
thousand or more, when the special primary election in such parish and municipality22
is held on the first Saturday in February of an election year for parish and municipal23
officers.24
(3) The secretary of state shall not include the name of any candidate on any25
ballot for a special election to fill a vacancy in any office to which this Subsection26
is applicable unless such special election has been called in accordance with the27
provisions of this Subsection and scheduled on one of the dates provided herein in28
this Subsection. Any elector who is eligible to vote in any such special election may29 HLS 11RS-941 ORIGINAL
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apply for injunctive relief to prohibit the placing of the name of any candidate in an1
improperly called election on the ballot. Venue for such application shall be in any2
parish in which the election is called, and the secretary of state shall be the proper3
party defendant.4
F. Bond, tax, or other elections. Every bond, tax, or other election at which5
a proposition or question is to be submitted to the voters shall only be held only on6
one of the following dates:7
(1) The second to last Saturday in October or the fourth Saturday after the8
second to last Saturday in October of 1983 and every fourth year thereafter.9
(2) The first Saturday in October or the first Tuesday after the first Monday10
in November of even-numbered years.11
(3) The first Saturday in April or the fourth Saturday after the first Saturday12
in April of any year or on the second or third Saturday in February or fourth Saturday13
after the second or third Saturday in February, as the case may be, during the14
presidential election year, if the statewide presidential preference primary election15
is scheduled on the second or third Saturday in February of the presidential election16
year; however,. However, commencing in 1994 and every fourth year thereafter, the17
first Saturday in April shall not be applicable in a parish containing a municipality18
with a population of four three hundred seventy-five thousand or more.19
(4) The third Saturday in October or the fourth Saturday after the third20
Saturday in October of 1985 and every fourth year thereafter.21
(5) Repealed by Acts 2008, No. 134, §1.22
(6) (5) For a parish containing a municipality with a population of four three23
hundred seventy-five thousand or more, the first Saturday in February or the fourth24
Saturday after the first Saturday in February in 1986 and every fourth year thereafter.25
(7) In case of an emergency, upon application to and approval by the State26
Bond Commission by two-thirds vote of its total membership, and with approval of27
the governor, the governing authority of a parish, of a municipality, or of a parish or28 HLS 11RS-941 ORIGINAL
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city school board may conduct a bond or tax election on a Saturday which is not1
provided for in this Subsection.2
G. Prohibited days. No election of any kind shall be held in this state on any3
of the days of Rosh Hashana, Yom Kippur, Sukkot, Shemini Atzeret, Simchat Torah,4
the first two days and the last two days of Passover, Shavuot, Tish'a B'Av, the two5
days preceding Labor Day or the three days preceding Easter. If the date of any6
election falls on any of the above-named these days, the election shall be held on the7
same weekday of the preceding week.8
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)]
Tucker HB No. 539
Abstract: Provides relative to elections.
Present law provides dates on which elections are authorized to be held and provides
procedures for calling and holding elections on such dates. Specifically provides that in case
of an emergency, upon application to and approval by the State Bond Commission by 2/3
vote of its total membership, and with approval of the governor, the governing authority of
a parish, of a municipality, or of a parish or city school board may conduct a bond or tax
election on a Saturday which is not provided for in present law.
Proposed law makes changes to such provisions and removes provisions of present law
relative to emergency bond and tax elections.
(Amends R.S. 18:402)