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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2011
SENATE BILL NO. 108
BY SENATOR RISER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ELECTION DAYS. Provides that local tax elections can be held only at the same time as
statewide or congressional elections. (gov sig)
AN ACT1
To amend and reenact R.S. 18:402(F), relative to the Louisiana Election Code; to provide2
that local tax elections can only be held at the same time as statewide and3
congressional primary elections; to provide a limitation on the number of emergency4
tax elections that can be held; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 18:402(F) is hereby amended and reenacted to read as follows:7
§402. Dates of primary and general elections8
* * *9
F. Bond, tax, or other elections. Every bond, tax, or bond or tax election10
shall be held only on the same date as a primary election for statewide or11
congressional office, excluding any date on which a special election is held to fill12
a vacancy in a statewide or congressional office. Any other election at which a13
proposition or question is to be submitted to the voters shall be held only on one of14
the following dates:15
(1) The second to last Saturday in October or the fourth Saturday after the16
second to last Saturday in October of 1983 and every fourth year thereafter.17 SB NO. 108
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(2) The first Saturday in October or the first Tuesday after the first Monday1
in November of even-numbered years.2
(3) The first Saturday in April or the fourth Saturday after the first Saturday3
in April of any year or on the second or third Saturday in February or fourth Saturday4
after the second or third Saturday in February, as the case may be, during the5
presidential election year, if the statewide presidential preference primary election6
is scheduled on the second or third Saturday in February of the presidential election7
year; however, commencing in 1994 and every fourth year thereafter, the first8
Saturday in April shall not be applicable in a parish containing a municipality with9
a population of four hundred seventy-five thousand or more.10
(4) The third Saturday in October or the fourth Saturday after the third11
Saturday in October of 1985 and every fourth year thereafter.12
(5) Repealed by Acts 2008, No. 134, §1, eff. August 15, 2008.13
(6) For a parish containing a municipality with a population of four hundred14
seventy-five thousand or more, the first Saturday in February or the fourth Saturday15
after the first Saturday in February in 1986 and every fourth year thereafter.16
(7) In case of an emergency, upon application to and approval by the State17
Bond Commission by two-thirds vote of its total membership, and with approval of18
the governor, the governing authority of a parish, of a municipality, or of a parish or19
city school board may conduct a bond or tax election on a Saturday which is not20
provided for in this Subsection. However, the taxing authority is limited to21
holding one emergency bond or tax election per calendar year.22
* * *23
Section 2. This Act shall become effective upon signature by the governor or, if not24
signed by the governor, upon expiration of the time for bills to become law without signature25
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If26
vetoed by the governor and subsequently approved by the legislature, this Act shall become27
effective on the day following such approval.28 SB NO. 108
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Present law provides that every bond, tax, or other election at which a proposition or
question is to be submitted to the voters must be held on one of the following dates:
(1)The second to last Saturday in October or the fourth Saturday after the second to last
Saturday in October of 1983 and every fourth year thereafter.
(2)The first Saturday in October or the first Tuesday after the first Monday in
November of even-numbered years.
(3)The first Saturday in April or the fourth Saturday after the first Saturday in April of
any year or on the second or third Saturday in February or fourth Saturday after the
second or third Saturday in February, as the case may be, 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 1994 and every fourth year thereafter, the first Saturday in
April shall not be applicable in a parish containing a municipality with a population
of 475,000 or more.
(4)The third Saturday in October or the fourth Saturday after the third Saturday in
October of 1985 and every fourth year thereafter.
(5)For a parish containing a municipality with a population of 475,000 or more, the first
Saturday in February or the fourth Saturday after the first Saturday in February in
1986 and every fourth year thereafter.
Proposed law deletes the applicability of present law to bond and tax elections, and further
provides that every bond or tax election must be held on the same date as a primary election
for statewide or congressional office, excluding any date on which a special election is held
to fill a vacancy in a statewide or congressional office.
Proposed law otherwise retains present law.
Present law provides that in case of an emergency, upon application to and approval by the
State Bond Commission by two-thirds vote of its total membership, and with approval of the
governor, the governing authority of a parish, of a municipality, or of a parish or city school
board may conduct a bond or tax election on a Saturday that is not otherwise provided for
in present law.
Proposed law retains present law and adds that the taxing authority is limited to holding one
emergency bond or tax election per calendar year.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 18:402(F))