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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 relative to the Louisiana Election Code. (1/1/12)
AN ACT1
To amend and reenact R.S. 18:402(F) and 1352, relative to the Louisiana Election Code; to2
provide relative to the use of voting machines in elections; to provide for the use of3
paper ballots in elections; to provide relative to tax elections; to provide that local4
tax elections can only be held at the same time as statewide and congressional5
primary elections; to provide a limitation on the number of emergency tax elections6
that can be held; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 18:402(F) and 1352 are hereby amended and reenacted to read as9
follows:10
§402. Dates of primary and general elections11
* * *12
F. Bond, tax, or other elections. Every bond, tax, or bond or tax election13
shall be held only on the same date as a regularly scheduled primary or general14
election for statewide or congressional office. Any other election at which a15
proposition or question is to be submitted to the voters shall be held only on one of16
the following dates:17 SB NO. 108
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(1) The second to last Saturday in October or the fourth Saturday after the1
second to last Saturday in October of 1983 and every fourth year thereafter.2
(2) The first Saturday in October or the first Tuesday after the first Monday3
in November of even-numbered years.4
(3) The first Saturday in April or the fourth Saturday after the first Saturday5
in April of any year or on the second or third Saturday in February or fourth Saturday6
after the second or third Saturday in February, as the case may be, during the7
presidential election year, if the statewide presidential preference primary election8
is scheduled on the second or third Saturday in February of the presidential election9
year; however, commencing in 1994 and every fourth year thereafter, the first10
Saturday in April shall not be applicable in a parish containing a municipality with11
a population of four hundred seventy-five thousand or more.12
(4) The third Saturday in October or the fourth Saturday after the third13
Saturday in October of 1985 and every fourth year thereafter.14
(5) Repealed by Acts 2008, No. 134, §1, eff. August 15, 2008.15
(6) For a parish containing a municipality with a population of four hundred16
seventy-five thousand or more, the first Saturday in February or the fourth Saturday17
after the first Saturday in February in 1986 and every fourth year thereafter.18
(7) In case of an emergency, upon application to and approval by the State19
Bond Commission by two-thirds vote of its total membership, and with approval of20
the governor, the governing authority of a parish, of a municipality, or of a parish or21
city school board may conduct a bond or tax election on a Saturday which is not an22
election date provided for in this Subsection. However, the taxing authority is23
limited to holding one emergency bond or tax election per calendar year.24
* * *25
§1352. Use of voting machines throughout state; exception for failure of voting26
equipment, machine ballot overcrowding, absentee by mail and27
early voting28
A. Voting machines shall be used throughout this state in all elections;29 SB NO. 108
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however, nothing in this Chapter shall prohibit absentee by mail and early voting as1
otherwise provided in this Title.2
B. Notwithstanding the provisions of Subsection A of this Section, paper3
ballots may be used when voting machines fail or when all ballot items for an4
election will not fit on one voting machine.5
C. Nothing in this Chapter shall prohibit absentee by mail and early6
voting as otherwise provided in this Title.7
Section 2. This Act shall become effective on January 1, 2012.8
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Riser (SB 108)
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 regularly
scheduled primary or general election for 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 SB NO. 108
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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.
Present law provides that voting machines are to be used throughout this state in all
elections, but nothing in present law prohibits absentee by mail and early voting as otherwise
provided for in present law.
Proposed law retains present law and further provides that paper ballots may be used when
voting machines fail or when all ballot items for an election will not fit on one voting
machine.
Effective January 1, 2012.
(Amends R.S. 18:402(F) and 1352)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and
Governmental Affairs to the original bill.
1. Changes the date in proposed law for a tax election from the same date as a
primary election for statewide or congressional office to the same date as a
regularly scheduled primary or general election for statewide or
congressional office.
2. Deletes from proposed law the specific provision that a tax election cannot
be held on any date on which a special election is held (but retains this
exclusion in proposed law via the preceding committee amendment).
3. Adds provision of proposed law that paper ballots may be used when voting
machines fail or when all ballot items for an election will not fit on one
voting machine.
4. Changes proposed law effective date from upon signature of governor to
January 1, 2012.