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Coding: Words which are struck through are deletions from existing law;
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Regular Session, 2011
SENATE BILL NO. 47
BY SENATOR PETERSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ELECTION CODE. Provides for the calling of a special election to fill an anticipated
judicial vacancy when the current holder of the judgeship has been elected to another office.
(gov sig)
AN ACT1
To amend and reenact R.S. 18:581(3) and 621(A)(1), relative to the Election Code; to2
provide for the filling of a vacancy in the office of a judge when the officeholder has3
been elected to another elective office but remains in office until the term of the4
other elective office commences; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 18:581(3) and 621(A)(1) are hereby amended and reenacted to read7
as follows:8
§581. Definitions9
As used in this Title:10
* * *11
(3) "Vacancy" occurs in an elective office when any of the following12
occurs:13
(a) The when the office is or will be unoccupied by reason of the death of the14
official who was elected to the office, or by reason of his retirement or resignation,.15
(b) Removal removal from office by any means ,.16
(c) Failure failure to take office for any reason, or when it becomes certain17 SB NO. 47
SLS 11RS-82 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
that the person elected to the office will not take the office on the day when the term1
for which he was elected commences, or when the.2
(d) The person elected to or holding the office no longer meets the residence3
or domicile requirements of that office, any declaration of retention of domicile to4
the contrary notwithstanding , or when an.5
(e) An office is created due to a reclassification of a municipality.6
(f) In the office of a judge, when the officeholder is elected to another7
elective office although the judgeship held at the time of the election to the other8
elective office will not be vacated until the term of office of the other elective9
office commences or at such earlier time as provided for by law.10
* * *11
§621. Vacancy in office of judge12
A.(1) Within twenty-four hours after having knowledge of a vacancy in the13
office of a judge, including a vacancy by reason of a newly created judgeship or the14
election of the officeholder to another elective office , the supreme court shall give15
written notice to the governor that the vacancy exists, the date on which it occurred,16
and the cause thereof.17
* * *18
Section 2. This Act shall become effective upon signature by the governor or, if not19
signed by the governor, upon expiration of the time for bills to become law without signature20
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If21
vetoed by the governor and subsequently approved by the legislature, this Act shall become22
effective on the day following such approval.23
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 a "vacancy" occurs in an elective office under the following
circumstances:
(1)When the office is or will be unoccupied by reason of the death of the official who
was elected to the office, or by reason of the official's retirement or resignation. SB NO. 47
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(2)By reason of the official's removal from office by any means.
(3) By reason of the official's failure to take office for any reason, or when it becomes
certain that the person elected to the office will not take the office on the day when
the term for which he was elected commences.
(4)When the person elected to or holding the office no longer meets the residence or
domicile requirements of that office, any declaration of retention of domicile to the
contrary notwithstanding.
(5) When an office is created due to a reclassification of a municipality.
Proposed law retains present law, and adds that a "vacancy" occurs in the office of a judge
when the officeholder is elected to another elective office although the judgeship held at the
time of the election to the other elective office will not be vacated until the term of office of
the other elective office commences, or at such earlier time as provided for by present law.
Present law provides that, within 24 hours after having knowledge of a vacancy in the office
of a judge, including a vacancy by reason of a newly created judgeship , the supreme court
is to give written notice to the governor that the vacancy exists, the date on which it
occurred, and the cause of the vacancy.
Proposed law retains present law, and adds as a specific example of "a vacancy in the office
of a judge" that a judge has been elected to another elective office.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 18:581(3) and 621(A)(1))