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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: Requires elections to fill vacancies in state legislative office to be held on
regular election dates
AN ACT1
To amend and reenact R.S. 18:402(E)(introductory paragraph) and 601(A), relative to state2
legislative vacancies; to provide relative to elections to fill state legislative3
vacancies; to require such elections to be held on certain dates; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 18:402(E)(introductory paragraph) and 601(A) are hereby amended7
and reenacted to read as follows: 8
§402. Dates of primary and general elections9
* * *10
E. Special elections to fill newly created office or vacancy in office. An11
election to fill a newly created office or vacancy in an existing office, except the12
office of state legislator or representative in congress, shall be held on the dates fixed13
by the appropriate authority in the proclamation ordering a special election as14
follows:15
* * *16
§601. Vacancy in state legislative office of state legislators; legislative service17
A. If a vacancy in the office of a state legislator occurs and if six months or18
more of the term remains unexpired, then within ten days of the vacancy occurring,19
the presiding officer of the house in which the vacancy occurs shall determine the20 HLS 11RS-641 ENGROSSED
HB NO. 575
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dates of the primary and general elections and the dates of the qualifying period for1
the election and shall issue a proclamation advising of the vacancy and setting forth2
the election dates and dates of the qualifying period for candidates. issue a3
proclamation advising of the vacancy and ordering a special election to fill the4
vacancy and shall specify in the proclamation, in accordance with R.S. 18:402, the5
dates on which the primary and general elections shall be held and, in accordance6
with R.S. 18:467, 467.1, and 468, the dates of the qualifying period for candidates7
in the special election. However, if the deadline for issuing the proclamation falls on8
a Saturday, Sunday, or other legal holiday, then the next day which is not a Saturday,9
Sunday, or legal holiday shall be deemed to be the final day for issuing such10
proclamation. The speaker of the House of Representatives or the president of the11
Senate shall immediately forward such information to the secretary of state, who12
shall within twenty-four hours after receipt of the information notify all election13
officials having any duty to perform in connection with a special election to fill such14
vacancy, including the parish boards of election supervisors for the parish or parishes15
in which the vacancy occurred. The secretary of state shall also publish the16
proclamation in the official journal of each parish in which the election is to be held.17
* * *18
Section 2. This Act shall become effective on January 1, 2012.19
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: Requires elections to fill legislative vacancies to be held on regular election
dates.
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: HLS 11RS-641 ENGROSSED
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(1)The second to last Saturday in Oct., when the special general election is held on the
fourth Saturday after the second to last Saturday in Oct.
(2)The first Tuesday after the first Monday in Nov., when the special general election
is held on the first Saturday in Dec.
(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 Feb. 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 475,000 or more.
(4)The third Saturday in Oct., when the special general election is held on the fourth
Saturday after the third Saturday in Oct. of 1985 and every fourth year thereafter.
(5)The first Saturday in Feb. of an election year for parish and municipal officers in a
parish containing a municipality with a population of 475,000 or more.
Proposed law removes the exemption in present law for elections to fill legislative office.
Proposed law requires vacancies in legislative office to be filled at elections held on the
regularly scheduled election dates in present law (R.S. 18:402(E)).
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 (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.
Effective Jan. 1, 2012.
(Amends R.S. 18:402(E)(intro. para.) and 601(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 law provisions relative to appointments to fill temporary
vacancies in legislative offices.
2. Adds requirement that elections to fill vacant legislative offices be held on
regularly scheduled election dates.
3. Provides an effective date of Jan. 1, 2012.