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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 for elections to fill vacancies in state legislative office
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.(1) If a vacancy in the office of a state legislator occurs and if six months18
or more of the term remains unexpired, then within ten days of the vacancy19
occurring, the presiding officer of the house in which the vacancy occurs shall20 HLS 11RS-641 REENGROSSED
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determine the dates of the primary and general elections and the dates of the1
qualifying period for the election and shall issue a proclamation advising of the2
vacancy and setting forth the election dates and dates of the qualifying period for3
candidates. issue a proclamation advising of the vacancy and ordering a special4
election to fill the vacancy and shall specify in the proclamation, in accordance with5
R.S. 18:402, the dates on which the primary and general elections shall be held and,6
in accordance with R.S. 18:467, 467.1, and 468, the dates of the qualifying period7
for candidates in the special election. However, if the deadline for issuing the8
proclamation falls on a Saturday, Sunday, or other legal holiday, then the next day9
which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day10
for issuing such proclamation. The speaker of the House of Representatives or the11
president of the Senate shall immediately forward such information to the secretary12
of state, who shall within twenty-four hours after receipt of the information notify13
all election officials having any duty to perform in connection with a special election14
to fill such vacancy, including the parish boards of election supervisors for the parish15
or parishes in which the vacancy occurred. The secretary of state shall also publish16
the proclamation in the official journal of each parish in which the election is to be17
held.18
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection or19
R.S. 18:402, if a vacancy in the office of state legislator occurs and if six months or20
more of the term remains unexpired and in the discretion of the presiding officer of21
the house of the legislature in which the vacancy occurs a person may be elected and22
serve during a session of the legislature which occurs prior to the next regularly23
scheduled election dates provided in R.S. 18:402, then within ten days of the vacancy24
occurring, the presiding officer of the house in which the vacancy occurs shall25
determine the dates of the primary and general elections and the dates of the26
qualifying period for the election and shall issue a proclamation advising of the27
vacancy and setting forth the election dates and dates of the qualifying period for28
candidates. However, if the deadline for issuing the proclamation falls on a Saturday,29 HLS 11RS-641 REENGROSSED
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Sunday, or other legal holiday, then the next day which is not a Saturday, Sunday,1
or legal holiday shall be deemed to be the final day for issuing such proclamation.2
The speaker of the House of Representatives or the president of the Senate shall3
immediately forward such information to the secretary of state, who shall within4
twenty-four hours after receipt of the information notify all election officials having5
any duty to perform in connection with a special election to fill such vacancy,6
including the parish boards of election supervisors for the parish or parishes in which7
the vacancy occurred. The secretary of state shall also publish the proclamation in8
the official journal of each parish in which the election is to be held.9
* * *10
Section 2. This Act shall become effective on January 1, 2012.11
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; however gives the presiding officer discretion to call an election to fill a
legislative vacancy on other dates if he determines a person may be elected and serve
during a legislative session which occurs prior to the next regularly scheduled
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:
(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. HLS 11RS-641 REENGROSSED
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(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.
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.
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)). However, when a
legislative vacancy occurs and six months or more remains in the term and, in the discretion
of the appropriate presiding officer, a person may be elected and serve during a legislative
session which occurs prior to the next regularly scheduled election dates in present law (R.S.
18:402), proposed law provides that the presiding officer determine the dates of qualifying
and of the primary and general elections in the same manner as provided in present law.
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.
House Floor Amendments to the engrossed bill.
1. Provides that the presiding officer may determine non-regular election dates to
fill a legislative vacancy when six months or more remains in the term and when,
in the presiding officer's discretion, a person can be elected and serve during a
legislative session which occurs prior to the next regularly scheduled election
dates.