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ACT No. 201
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.
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
determine the dates of the primary and general elections and the dates of the21
qualifying period for the election and shall issue a proclamation advising of the22
vacancy and setting forth the election dates and dates of the qualifying period for23
candidates. issue a proclamation advising of the vacancy and ordering a special24 ENROLLEDHB NO. 575
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election to fill the vacancy and shall specify in the proclamation, in accordance with1
R.S. 18:402, the dates on which the primary and general elections shall be held and,2
in accordance with R.S. 18:467, 467.1, and 468, the dates of the qualifying period3
for candidates in the special election. However, if the deadline for issuing the4
proclamation falls on a Saturday, Sunday, or other legal holiday, then the next day5
which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day6
for issuing such proclamation. The speaker of the House of Representatives or the7
president of the Senate shall immediately forward such information to the secretary8
of state, who shall within twenty-four hours after receipt of the information notify9
all election officials having any duty to perform in connection with a special election10
to fill such vacancy, including the parish boards of election supervisors for the parish11
or parishes in which the vacancy occurred. The secretary of state shall also publish12
the proclamation in the official journal of each parish in which the election is to be13
held.14
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection or15
R.S. 18:402, if a vacancy in the office of state legislator occurs and if six months or16
more of the term remains unexpired and in the discretion of the presiding officer of17
the house of the legislature in which the vacancy occurs a person may be elected and18
serve during a session of the legislature which occurs prior to the next regularly19
scheduled election dates provided in R.S. 18:402, then within ten days of the vacancy20
occurring, the presiding officer of the house in which the vacancy occurs shall21
determine the dates of the primary and general elections and the dates of the22
qualifying period for the election and shall issue a proclamation advising of the23
vacancy and setting forth the election dates and dates of the qualifying period for24
candidates. However, if the deadline for issuing the proclamation falls on a Saturday,25
Sunday, or other legal holiday, then the next day which is not a Saturday, Sunday,26
or legal holiday shall be deemed to be the final day for issuing such proclamation.27
The speaker of the House of Representatives or the president of the Senate shall28
immediately forward such information to the secretary of state, who shall within29
twenty-four hours after receipt of the information notify all election officials having30 ENROLLEDHB NO. 575
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any duty to perform in connection with a special election to fill such vacancy,1
including the parish boards of election supervisors for the parish or parishes in which2
the vacancy occurred. The secretary of state shall also publish the proclamation in3
the official journal of each parish in which the election is to be held.4
* * *5
Section 2. This Act shall become effective on January 1, 2012.6
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: