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Regular Session, 2012
HOUSE BILL NO. 876
BY REPRESENTATIVE HENRY BURNS
ELECTIONS: Provides for election dates
AN ACT1
To amend and reenact R.S. 18:402(A)(2), (B)(2), (C)(2), (D)(2), (E)(1)(a), (b), (c), and (d)2
and (2), and (F)(1), (2), (3), (4), and (6) and 1272(A), relative to elections; to provide3
for election dates; to provide for effectiveness; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 18:402(A)(2), (B)(2), (C)(2), (D)(2), (E)(1)(a), (b), (c), and (d) and6
(2), and (F)(1), (2), (3), (4), and (6) and 1272(A) are hereby amended and reenacted to read7
as follows: 8
§402. Dates of primary and general elections9
A. Gubernatorial elections. Elections for governor and officers elected at the10
same time as the governor shall be held every four years, beginning in 1983.11
* * *12
(2) Gubernatorial general elections shall be held on the fourth fifth Saturday13
after the second to last Saturday in October of an election year.14
B. Congressional elections. Elections for members of congress and officers15
elected at the same time as members of congress shall be held every two years,16
beginning in 1982.17
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(2) General elections for members of congress and officers elected at the1
same time as members of congress shall be held on the first second Saturday in2
December of an election year.3
C. Municipal and ward elections. In all municipalities with a population of4
less than three hundred thousand, elections for municipal and ward officers who are5
not elected at the same time as the governor or members of congress shall be held6
every four years.7
* * *8
(2) General elections for municipal and ward officers who are not elected at9
the same time as the governor or members of congress shall be held on the fourth10
fifth Saturday after the first Saturday in April of an election year unless the primary11
election for such officers is held on the third Saturday after the first Tuesday in12
March; in such case, the general election shall be held on the fourth fifth Saturday13
after the third Saturday after the first Tuesday in March of an election year.14
D. Parochial and municipal elections in a parish containing a municipality15
with a population of three hundred thousand or more. Elections for parochial and16
municipal officers in a parish containing a municipality with a population of three17
hundred thousand or more shall be held every four years, beginning in 2006, as18
follows:19
* * *20
(2) General elections for parochial and municipal officers shall be held on21
the fourth fifth Saturday after the first Saturday in February of an election year.22
E. Special elections to fill newly created office or vacancy in office. An23
election to fill a newly created office or vacancy in an existing office, except the24
office of representative in congress, shall be held on the dates fixed by the25
appropriate authority in the proclamation ordering a special election as follows:26
(1) A special primary election shall be held on the first of the following days27
that is not less than eleven weeks after the date on which the proclamation calling the28
special primary election was issued:29 HLS 12RS-1335 ORIGINAL
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(a) The second to last Saturday in October, when the special general election1
is held on the fourth fifth Saturday after the second to last Saturday in October.2
(b) The first Tuesday after the first Monday in November, when the special3
general election is held on the first second Saturday in December.4
(c) The first Saturday in April, when the special general election is held on5
the fourth fifth Saturday after the first Saturday in April or on the third Saturday after6
the first Tuesday in March during the presidential election year; however,7
commencing in 1986 and every fourth year thereafter, this date shall not be8
applicable in a parish containing a municipality with a population of three hundred9
thousand or more.10
(d) The third Saturday in October, when the special general election is held11
on the fourth fifth Saturday after the third Saturday in October of 1985 and every12
fourth year thereafter.13
* * *14
(2) A special general election shall be held on one of the following days:15
(a) The fourth fifth Saturday after the second to last Saturday in October of16
1983 and every fourth year thereafter.17
(b) The first second Saturday in December of even-numbered years.18
(c) The fourth fifth Saturday after the first Saturday in April of any year19
unless the primary election is held on the third Saturday after the first Tuesday in20
March; in such case, the general election shall be held on the fourth fifth Saturday21
after the third Saturday after the first Tuesday in March; however, commencing in22
1986 and every fourth year thereafter, this date shall not be applicable in a parish23
containing a municipality with a population of three hundred thousand or more.24
(d) The fourth fifth Saturday after the third Saturday in October of 1985 and25
every fourth year thereafter.26
(e) The fourth fifth Saturday after the first Saturday in February in a parish27
containing a municipality with a population of three hundred thousand or more,28 HLS 12RS-1335 ORIGINAL
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when the special primary election in such parish and municipality is held on the first1
Saturday in February of an election year for parish and municipal officers.2
* * *3
F. Bond, tax, or other elections. Every bond, tax, or other election at which4
a proposition or question is to be submitted to the voters shall be held only on one5
of the following dates:6
(1) The second to last Saturday in October or the fourth fifth Saturday after7
the second to last Saturday in October of 1983 and every fourth year thereafter.8
(2) The first Saturday in October or the first Tuesday after the first Monday9
in November or the second Saturday in December of even-numbered years.10
(3) The first Saturday in April or the fourth fifth Saturday after the first11
Saturday in April of any an election year or on the third Saturday after the first12
Tuesday in March or the fourth fifth Saturday after the third Saturday after the first13
Tuesday in March during the presidential election year; however, commencing in14
1994 and every fourth year thereafter, the first Saturday in April shall not be15
applicable in a parish containing a municipality with a population of three hundred16
thousand or more.17
(4) The third Saturday in October or the fourth fifth Saturday after the third18
Saturday in October of 1985 and every fourth year thereafter.19
(6) For a parish containing a municipality with a population of three hundred20
thousand or more, the first Saturday in February or the fourth fifth Saturday after the21
first Saturday in February in 1986 and every fourth year thereafter.22
* * *23
§1272. United States senators; representatives in congress; time of electing24
A. All general elections for representatives in congress shall be held on the25
first second Saturday in December, in even-numbered years. The primary election26
shall be held on the first Tuesday after the first Monday in November of an election27
year.28
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Section 2. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
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)]
Henry Burns HB No. 876
Abstract: Provides an additional week between primary and general elections by changing
the dates for general elections so that those elections are held a week later.
Present law provides for election dates. Provides primary and general election dates for
regularly scheduled elections. Provides for the use of such dates in calling special elections
to fill newly created offices or vacancies in offices other than representative in congress.
Provides for the use of such dates in calling bond, tax, or other elections at which a
proposition or question is to be submitted to the voters. Proposed law changes the general
election dates for regularly scheduled elections by providing that such elections shall be held
a week later. Changes corresponding election dates for special elections and for bond, tax,
and other elections at which a proposition or question is to be submitted to the voters.
Otherwise retains present law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 18:402(A)(2), (B)(2), (C)(2), (D)(2), (E)(1)(a), (b), (c), and (d) and (2), and
(F)(1), (2), (3), (4), and (6)and 1272(A))