HLS 11RS-641 ORIGINAL
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Regular Session, 2011
HOUSE BILL NO. 575
BY REPRESENTATIVE FANNIN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ELECTIONS: Provides relative to vacancies in state legislative office
AN ACT1
To amend and reenact R.S. 18:601, relative to state legislative vacancies; to provide relative2
to elections to fill state legislative vacancies; to authorize certain appointments to3
temporarily fill such vacancies; to provide for certain procedures relative to such4
elections and appointments; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 18:601 is hereby amended and reenacted to read as follows: 7
§601. Vacancy in state legislative office; legislative service; temporary successors8
A. If a vacancy in the office of a state legislator occurs and if six months or9
more of the term remains unexpired, then within ten days of the vacancy occurring,10
the presiding officer of the house in which the vacancy occurs shall determine the11
dates of the primary and general elections and the dates of the qualifying period for12
the election and shall issue a proclamation advising of the vacancy and setting forth13
the election dates and dates of the qualifying period for candidates. In choosing the14
election dates, the presiding officer may utilize the available dates in R.S. 18:402(E).15
However, if the deadline for issuing the proclamation falls on a Saturday, Sunday,16
or other legal holiday, then the next day which is not a Saturday, Sunday, or legal17
holiday shall be deemed to be the final day for issuing such proclamation. The18
speaker of the House of Representatives or the president of the Senate shall19
immediately forward such information to the secretary of state, who shall within20 HLS 11RS-641 ORIGINAL
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twenty-four hours after receipt of the information notify all election officials having1
any duty to perform in connection with a special election to fill such vacancy,2
including the parish boards of election supervisors for the parish or parishes in which3
the vacancy occurred. The secretary of state shall also publish the proclamation in4
the official journal of each parish in which the election is to be held.5
B. For purposes of Article III, Section 4(E) of the Constitution of Louisiana6
only, the service of a person who is elected to fill an unexpired term in the office of7
state legislator shall begin at the time such person takes the oath of office before his8
house of the legislature.9
C.(1) In accordance with Article III, Section 4(D) and (F), if a vacancy in the10
office of a state legislator occurs, the presiding officer of the house in which the11
vacancy occurs may appoint a temporary successor to serve until the office is filled12
by election and the elected successor takes the oath of office.13
(2)(a) Each person appointed to serve as a temporary successor for a14
legislator pursuant to this Section shall have the qualifications and eligibility to serve15
as a member of the legislature from the legislative district in which the vacancy16
occurred.17
(b) The temporary successor shall be ineligible as a candidate at the election18
to fill the vacancy.19
(3) No person who is a member of the immediate family of the legislator or20
former legislator who vacated the office shall be eligible to serve as a temporary21
successor to fill the vacancy. For purposes of this Paragraph, the term "immediate22
family" shall have the same meaning as provided in R.S. 42:1102.23
(4)(a)(i) Each legislator who vacates his office by resignation shall include24
with his resignation a list containing the names and contact information of at least25
three qualified nominees to be his temporary successor. The list shall be in writing26
and shall be signed by the legislator and duly acknowledged by him before an officer27
authorized to administer oaths. The list shall become irrevocable upon receipt by the28
appropriate presiding officer. If the presiding officer appoints a temporary successor29 HLS 11RS-641 ORIGINAL
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to fill the vacancy, he shall appoint a temporary successor from the list of qualified1
nominees submitted by the legislator within ten days of the vacancy.2
(ii) Except as otherwise provided in Item (i) of this Subparagraph, if the3
presiding officer of the house in which the vacancy occurs appoints a temporary4
successor to fill a vacancy, the presiding officer shall appoint a qualified person who5
has the same political party affiliation as the legislator who vacated the office or if6
the legislator who vacated the office was not affiliated with a political party, the7
presiding officer shall appoint a qualified person who is not affiliated with a political8
party.9
(b) All appointments made pursuant to this Paragraph shall be made by10
proclamation of the presiding officer, attested to by the clerical officer of the house,11
and shall be deposited in the office of the secretary of state and recorded by him.12
(c) The presiding officer shall immediately notify each member of his house13
of the legislature of the name of the person appointed to serve as temporary14
successor.15
(d) If a person appointed to serve as a temporary successor is unable to serve16
for any reason, the appropriate presiding officer may appoint a different person to17
serve in the same manner as the original appointment.18
(5) A temporary successor shall serve at the pleasure of the house of the19
legislature of which he is a temporary member, and all constitutional and statutory20
provisions pertaining to the discipline and expulsion of a legislator shall be21
applicable to a temporary successor.22
Section 2. This Act shall take effect and become operative if and when the proposed23
amendment of Article III, Section 4(D) and (F) of the Constitution of Louisiana contained24
in the Act which originated as House Bill No. 359 of this 2011 Regular Session of the25
Legislature is adopted at the statewide election to be held on October 22, 2011, and becomes26
effective.27 HLS 11RS-641 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)]
Fannin HB No. 575
Abstract: Provides procedures for the appropriate presiding officer to appoint a temporary
successor to fill a legislative vacancy until the office is filled by election and
provides certain qualifications for a person to serve as a temporary successor.
Present law (R.S. 18:402) provides dates for primary and general elections including
gubernatorial, congressional, municipal, and special elections, and for proposition elections.
For special elections to fill a newly created office or vacancy in an existing office, present
law (R.S. 18:402(E)) provides that except for the office of state legislator or representative
in congress a special primary shall be held on the first of the following days that is not less
than 11 weeks after the date on which the proclamation calling the special primary election
was issued:
(1)The second to last Saturday in October, when the special general election is
held on the fourth Saturday after the second to last Saturday in October.
(2)The first Tuesday after the first Monday in November, when the special
general election is held on the first Saturday in December.
(3)The first Saturday in April, when the special general election is held on the
fourth Saturday after the first Saturday in April or on the second or third
Saturday in February during the presidential election year, if the statewide
presidential preference primary election is scheduled on the second or third
Saturday in February of the presidential election year (however, commencing
in 1986 and every fourth year thereafter, this date shall not be applicable in
a parish containing a municipality with a population of four hundred
seventy-five thousand or more.)
(4)The third Saturday in October, when the special general election is held on
the fourth Saturday after the third Saturday in October of 1985 and every
fourth year thereafter.
(5)The first Saturday in February of an election year for parish and municipal
officers in a parish containing a municipality with a population of four
hundred seventy-five thousand or more.
Present law (R.S. 18:601) provides relative to a vacancy in the office of a state legislator.
Provides for holding an election if such vacancy occurs with six months or more of the term
unexpired. Requires, within 10 days of the vacancy, the appropriate presiding officer to
determine the dates of qualifying and of the primary and general elections and to issue a
proclamation advising of the vacancy and the dates. Requires the presiding officer to
immediately notify the secretary of state who shall notify all election officials having any
duty to perform in connection with the special election to fill the vacancy. Further requires
the secretary of state to publish the proclamation in the official journal of each parish in
which the election is to be held. Present law further provides that for purposes of present
law (La. Const. Art. III, §4(E), relative to election limitations), the service of a person who
is elected to fill an unexpired term in the office of state legislator begins at the time such
person takes the oath of office before his house of the legislature. HLS 11RS-641 ORIGINAL
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Proposed law retains present law but specifically authorizes the presiding officer to utilize
the dates in present law.
Proposed law further provides, in accordance with the proposed constitutional amendment
(Art. III, Section 4(D) and (F)-to allow the appointment of temporary successors to fill
legislative vacancies), that the presiding officer of the house in which the vacancy occurs
may appoint a temporary successor to serve until the office is filled by election and the
elected successor takes the oath of office.
Proposed law specifies that each person appointed to serve as a temporary shall have the
qualifications and eligibility to serve as a member of the legislature from the legislative
district in which the vacancy occurred; that the temporary successor is ineligible to be a
candidate in the election to fill the vacancy; and that an immediate family member of the
legislator who vacated the office is not eligible to serve as a temporary successor to fill the
vacancy.
Proposed law requires that each legislator who vacates his office by resignation to include
with his resignation a list containing the names and contact information of at least three
qualified nominees to be his temporary successor. Provides that if the presiding officer
appoints a temporary successor to fill that vacancy, he shall appoint a temporary successor
from the list of qualified nominees submitted by the legislator within ten days of the
vacancy. Proposed law provides for vacancies in state legislative office that occur for other
reasons than resignation, that if the presiding officer of the house in which the vacancy
occurs appoints a temporary successor to fill a vacancy, the presiding officer shall appoint
a qualified person who has the same political party affiliation as the legislator who vacated
the office or if the legislator who vacated the office was not affiliated with a political party,
the presiding officer shall appoint a qualified person who is not affiliated with a political
party. Requires all such appointments to be made by proclamation of the presiding officer,
attested to by the clerical officer of the house, and deposited in the office of the secretary of
state and recorded by him. Further requires the presiding officer to immediately notify each
member of his house of the legislature of the name of the person appointed to serve as
temporary successor. Provides that if a person appointed to serve as a temporary successor
is unable to serve for any reason, the appropriate presiding officer may appoint a different
person to serve in the same manner as the original appointment. Specifies that a temporary
successor shall serve at the pleasure of the house of the legislature of which he is a
temporary member, and all constitutional and statutory provisions pertaining to the
discipline and expulsion of a legislator shall be applicable to a temporary successor.
Effective if and when the proposed amendment of Article III, Section 4(D) and (F) of the
Constitution of Louisiana contained in the Act which originated as House Bill No. 359 of
this 2011 Regular Session of the Legislature is adopted at the statewide election to be held
on Oct. 22, 2010, and becomes effective.
(Amends R.S. 18:601)