HLS 11RS-805 ORIGINAL
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Regular Session, 2011
HOUSE BILL NO. 561
BY REPRESENTATIVE SEABAUGH AND SENATOR CROWE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ELECTIONS/CANDIDATES: Requires the submission of certain documents by candidates
for U.S. senator or representative, vice president, and president
AN ACT1
To amend and reenact R.S. 18:1253(F), 1254(E), 1274, and 1280.24 and to enact R.S.2
18:1253(G), 1254(F), 1259(E), and 1280.22(B)(2)(e), relative to candidates in3
federal elections; to provide relative to candidates in congressional elections,4
presidential preference primary elections, and elections for presidential electors; to5
require the submission of certain documents; to provide relative to ballots in certain6
elections; to provide for enforcement; to provide relative to objections to candidacy;7
and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 18:1253(F), 1254(E), 1274, and 1280.24 are hereby amended and10
reenacted and R.S. 18:1253(G), 1254(F), 1259(E), and 1280.22(B)(2)(e) are hereby enacted11
to read as follows:12
§1253. Nominating by political parties; certificates of nomination ; affidavit13
* * *14
F.(1) The chairman and the secretary of the state central committee or the15
national chairman of the political party, as the case may be, shall file, in addition to16
a certificate of nomination filed pursuant to this Section, an affidavit of the17
presidential candidate and vice presidential candidate in which each candidate states18
his citizenship, age, and residence. Each affidavit shall include references to and19
attachment of documents that prove that the candidate meets the requirements for20 HLS 11RS-805 ORIGINAL
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president of the United States prescribed in Article II, Section 1, of the Constitution1
of the United States of America, including the following:2
(a) An original or certified copy of the candidate's birth certificate that3
includes the date and place of birth, the names of the hospital and the attending4
physician, and signatures of the witnesses in attendance.5
(b) A sworn statement or form that identifies the candidate's places of6
residence for the preceding fourteen years.7
(2) Failure to satisfy the requirements of this Subsection shall constitute8
grounds for an objection to the candidacy of the slate of electors pursuant to Subpart9
D of Part IV of Chapter 5 of this Title.10
G. If the certificate of nomination and notarized affidavit of each candidate11
for elector are not filed timely with the secretary of state, the secretary of state shall12
endorse the date and time of receipt upon all documents and shall return them13
forthwith, either personally or by registered or certified mail, to the national14
chairman of the political party.15
§1254. Slates of independent candidates; nominating petitions and qualifying by16
payment of qualifying fees ; affidavit17
* * *18
E.(1) Any person filing a notice of candidacy or nominating petition19
pursuant to this Section shall at the same time file an affidavit of the presidential20
candidate and vice presidential candidate in which each candidate states his21
citizenship, age, and residence. Each affidavit shall include references to and22
attachment of documents that prove that the candidate meets the requirements for23
president of the United States prescribed in Article II, Section 1, of the Constitution24
of the United States of America, including the following:25
(a) An original or certified copy of the candidate's birth certificate that26
includes the date and place of birth, the names of the hospital and the attending27
physician, and signatures of the witnesses in attendance.28 HLS 11RS-805 ORIGINAL
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(b) A sworn statement or form that identifies the candidate's places of1
residence for the preceding fourteen years.2
(2) Failure to satisfy the requirements of this Subsection shall constitute3
grounds for an objection to the candidacy of the slate of electors pursuant to Subpart4
D of Part IV of Chapter 5 of this Title.5
F. If the notice of candidacy and notarized affidavit of each candidate for6
elector, together with the qualifying fee or a nominating petition, are not filed timely7
with the secretary of state, the secretary of state shall endorse the date and time of8
receipt upon all documents and shall return them forthwith, either personally or by9
registered or certified mail, to the candidate or the person who filed them.10
* * *11
§1259. Arrangement of ballot; designation of party candidates12
* * *13
E. Notwithstanding any other provision of this Section, if the provisions of14
R.S. 18:1253(F) and 1254(E) are not satisfied, the names of the candidates for15
president and vice president shall not be included on the ballot nor shall the names16
of the presidential electors nominated in support of the nominees for president and17
vice president of that party or political principal be included on the ballot. A18
registered voter may bring an action to enforce the provisions of this Subsection19
within the time permitted for a person to bring an action objecting to candidacy20
pursuant to R.S. 18:493.21
* * *22
§1274. Declaration of candidacy by congressional candidates23
A. Any person desiring to become a candidate in a primary election for24
United States senator or representative in Congress congress shall file notification25
of his candidacy and declaration of his qualifications as provided for state candidates26
in Chapter 5 of this Title.27
B. In addition to the notice of candidacy required to be filed pursuant to28
Chapter 5 of this Title each candidate for United States senator or representative in29 HLS 11RS-805 ORIGINAL
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congress shall file an affidavit in which the candidate states his citizenship, age, and1
residence as provided in this Subsection.2
(1) The affidavit for a candidate for United States senator shall include3
references to and attachment of documents that prove that the candidate meets the4
requirements of R.S. 18:1275, including the following:5
(a) An original or certified copy of the candidate's birth certificate that6
includes the date and place of birth, the names of the hospital and the attending7
physician, and signatures of the witnesses in attendance.8
(b) A sworn statement or form that verifies the candidate's United States9
citizenship for at least the preceding nine years and current residence within the State10
of Louisiana.11
(2) The affidavit for a candidate for representative in congress shall include12
references to and attachment of documents that prove that the candidate meets the13
requirements of R.S. 18:1275, including the following:14
(a) An original or certified copy of the candidate's birth certificate that15
includes the date and place of birth, the names of the hospital and the attending16
physician, and signatures of the witnesses in attendance.17
(b) A sworn statement or form that verifies the candidate's United States18
citizenship for at least the preceding seven years and current residence within the19
State of Louisiana.20
C. Failure to satisfy the requirements of Subsection B of this Section shall21
constitute grounds for an objection to the candidacy of the candidate pursuant to22
Subpart D of Part IV of Chapter 5 of this Title.23
* * *24
§1280.22. Candidates; procedure for qualifying25
* * *26
B.27
* * *28
(2)29 HLS 11RS-805 ORIGINAL
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* * *1
(e)(i) A candidate for presidential nominee shall file along with a notice of2
candidacy filed pursuant to this Section an affidavit of the candidate in which he3
states his citizenship, age, and residence. The affidavit shall include references to4
and attachment of documents that prove that the candidate meets the requirements5
for president of the United States prescribed in Article II, Section 1, of the6
Constitution of the United States of America, including the following:7
(aa) An original or certified copy of the candidate's birth certificate that8
includes the date and place of birth, the names of the hospital and the attending9
physician, and signatures of the witnesses in attendance.10
(bb) A sworn statement or form that identifies the candidate's places of11
residence for the preceding fourteen years.12
(ii) Failure to satisfy the requirements of this Subparagraph shall constitute13
grounds for an objection to the candidacy of the candidate pursuant to Subpart D of14
Part IV of Chapter 5 of this Title.15
* * *16
§1280.24. Arrangement of ballot17
A. The ballot for the election provided in this Part shall contain the names18
of each candidate arranged by party affiliation and placed in alphabetical order19
within each party.20
B. Notwithstanding the provisions of Subsection A of this Section, if the21
provisions of R.S. 18:1280.22(B)(2)(e) are not satisfied, the name of the candidate22
for presidential nominee shall not be included on the ballot. A registered voter may23
bring an action to enforce the provisions of this Subsection within the time permitted24
for a person to bring an action objecting to candidacy pursuant to R.S. 18:493.25 HLS 11RS-805 ORIGINAL
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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)]
Seabaugh HB No. 561
Abstract: Requires the submission of certain documents concerning candidates in federal
elections.
Present law provides qualification procedures for candidates for presidential nominee in a
presidential preference primary election. Requires that the candidate file a notice of
candidacy which indicates, among other things, his name and how his name should appear
on the ballot, address, party identification, and a certification that the statements in the notice
are correct.
Present law provides qualification procedures for elections for presidential electors.
Provides for candidates nominated by a recognized political party. Requires the party to file
a certificate of nomination with the secretary of state indicating, among other things, the
names of the candidates for president and vice president supported by the party. Present law
provides relative to candidates for presidential elector who are not nominated by a
recognized political party. Requires the payment of a fee or filing of a nominating petition.
In either case, requires that certain information be filed with the secretary of state, including
the names of the candidates for president and vice president whom the candidates for
presidential elector support.
Proposed law requires the persons filing the qualifying documents required by present law
to be filed with the secretary of state to also file an affidavit of the presidential candidate and
vice presidential candidate, as the case may be, in which each candidate states his
citizenship, age, and residence. Provides that each affidavit shall include references to and
attachment of documents that prove that the candidate meets the requirements for president
of the U.S. prescribed in Article II, Section 1, of the Constitution of the U.S. of America,
including the following:
(1)An original or certified copy of the candidate's birth certificate that includes the date
and place of birth, the names of the hospital and the attending physician, and
signatures of the witnesses in attendance.
(2)A sworn statement or form that identifies the candidate's places of residence for the
preceding 14 years.
Proposed law provides that failure to satisfy the requirements of proposed law shall preclude
the names of the candidates for president, vice president, and presidential elector, as the case
may be, from being included on the ballot. Provides that a registered voter may bring an
action to enforce the provisions of proposed law within the seven-day time period permitted
for a person to bring an action objecting to candidacy pursuant to present law (R.S. 18:493).
Proposed law provides that failure to satisfy the requirements of proposed law shall
constitute grounds for an objection to the candidacy of the slate of electors or candidate for
presidential nominee, as the case may be, pursuant to present law provisions relative to
objections to candidacy.
Present law provides qualification procedures for congressional candidates. Requires,
among other things, the filing of a notice of candidacy. HLS 11RS-805 ORIGINAL
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Proposed law provides that in addition to the notice of candidacy, each congressional
candidate shall file an affidavit in which the candidate states his citizenship, age, and
residence. Provides that the affidavit for a candidate for U.S. senator shall include
references to and attachment of documents that prove that the candidate meets the
requirements of present law (R.S. 18:1275), including the following:
(1)An original or certified copy of the candidate's birth certificate that includes the date
and place of birth, the names of the hospital and the attending physician, and
signatures of the witnesses in attendance.
(2)A sworn statement or form that verifies the candidate's U.S. citizenship for at least
the preceding nine years and current residence within the state.
Proposed law provides that the affidavit for a candidate for representative in congress shall
include references to and attachment of documents that prove that the candidate meets the
requirements of present law (R.S. 18:1275), including the following:
(1)An original or certified copy of the candidate's birth certificate that includes the date
and place of birth, the names of the hospital and the attending physician, and
signatures of the witnesses in attendance.
(2)A sworn statement or form that verifies the candidate's U.S. citizenship for at least
the preceding seven years and current residence within the state.
Proposed law provides that failure to satisfy the requirements of proposed law shall
constitute grounds for an objection to the candidacy of the candidate pursuant to present law.
(Amends R.S. 18:1253(F), 1254(E), 1274, and 1280.24; Adds R.S. 18:1253(G), 1254(F),
1259(E), and 1280.22(B)(2)(e))