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Regular Session, 2012
HOUSE BILL NO. 894
BY REPRESENTATIVE TIM BURNS
ELECTIONS: Provides relative to elections
AN ACT1
To amend and reenact R.S. 18:402(B)(2), (E)(1)(introductory paragraph) and (b) and (2)(b),2
and (F)(2), 1272(A), 1285(B)(1)(a), and 1300(C)(1), relative to elections; to provide3
for election dates; to provide for certain deadlines relative to special elections and4
bond, tax, and other elections at which a proposition or question is to be submitted5
to the voters; to provide for effectiveness; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 18:402(B)(2), (E)(1)(introductory paragraph) and (b) and (2)(b), and8
(F)(2) and 1272(A) are hereby amended and reenacted to read as follows: 9
§402. Dates of primary and general elections10
* * *11
B. Congressional elections. Elections for members of congress and officers12
elected at the same time as members of congress shall be held every two years,13
beginning in 1982.14
* * *15
(2) General elections for members of congress and officers elected at the16
same time as members of congress shall be held on the first fifth Saturday in17
December after the first Tuesday after the first Monday in November of an election18
year.19
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E. Special elections to fill newly created office or vacancy in office. An1
election to fill a newly created office or vacancy in an existing office, except the2
office of representative in congress, shall be held on the dates fixed by the3
appropriate authority in the proclamation ordering a special election as follows:4
(1) A special primary election shall be held on the first of the following days5
that is not less than eleven weeks after the date on which the proclamation calling the6
special primary election was issued, provided that the proclamation was issued at7
least four weeks prior to the opening of the qualifying period for the special primary8
election:9
* * *10
(b) The first Tuesday after the first Monday in November, when the special11
general election is held on the first fifth Saturday in December after the first Tuesday12
after the first Monday in November.13
* * *14
(2) A special general election shall be held on one of the following days:15
* * *16
(b) The first fifth Saturday in December after the first Tuesday after the first17
Monday in November of even-numbered years.18
* * *19
F. Bond, tax, or other elections. Every bond, tax, or other election at which20
a proposition or question is to be submitted to the voters shall be held only on one21
of the following dates:22
* * *23
(2) The first Saturday in October or the The first Tuesday after the first24
Monday in November or the fifth Saturday after the first Tuesday after the first25
Monday in November of even-numbered years.26
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§1272. United States senators; representatives in congress; time of electing1
A. All general elections for representatives in congress shall be held on the2
first fifth Saturday in December, after the first Tuesday after the first Monday in3
November in even-numbered years. The primary election shall be held on the first4
Tuesday after the first Monday in November of an election year.5
* * *6
Section 2. R.S. 18:1285(B)(1)(a) and 1300(C)(1) are hereby amended and reenacted7
to read as follows:8
§1285. Notice of election9
* * *10
B.(1)(a) Written notice of the election and the certificate required by11
Subparagraph (b) of this Paragraph shall be transmitted to the secretary of state and12
each clerk of court and registrar of voters in the area affected by the election. If the13
election is to be held on a primary election date, then such notice and certificate shall14
be received by the secretary of state on or before the seventy-first day at least four15
weeks prior to the opening of the qualifying period for the primary election. If the16
election is not to be held on a primary election date, then the notice and certificate17
shall be received by the secretary of state on or before the forty-sixth day prior to the18
election. The secretary of state shall not accept any revisions to propositions,19
including but not limited to changes in title, text, or numerical designations, after the20
last day for submission of the notice and certificate to the secretary of state.21
* * *22
§1300. Procedures; notice of election; expenses23
* * *24
C.(1) When an election is called under the provisions of this Chapter, written25
notice of the election shall be transmitted to the secretary of state, the commissioner26
of elections, and each clerk of court and registrar of voters in the area affected by the27
election. If the election is to be held on a primary election date, then such notice28
shall be received by the secretary of state on or before the seventy-first day at least29 HLS 12RS-1203 ENGROSSED
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four weeks prior to the opening of the qualifying period for the primary election. If1
the election is not to be held on a primary election date, then such notice shall be2
received by the secretary of state on or before the forty-sixth day prior to the3
election.4
* * *5
Section 3.(A) This Section and Section 1 of this Act shall become effective upon6
signature of this Act by the governor or, if not signed by the governor, upon expiration of7
the time for bills to become law without signature by the governor, as provided by Article8
III, Section 18 of the Constitution of Louisiana. If this Act is vetoed by the governor and9
subsequently approved by the legislature, this Section and Section 1 of this Act shall become10
effective on the day following such approval.11
(B) Section 2 of this Act shall become effective on January 1, 2013.12
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)]
Tim Burns HB No. 894
Abstract: Changes the date of congressional general elections from the first Sat. in Dec. to
the fifth Sat. after the first Tues. after the first Mon. in Nov.; provides that a bond,
tax, or other election at which a proposition or question is submitted to the voters
may be held on this date instead of the first Sat. in Oct.; and provides that certain
required notices for such an election to be held on a primary date and a proclamation
calling a special election to be held on a primary date must be submitted at least four
weeks prior to the opening of the qualifying period for the primary.
Present law provides for the dates of primary and general elections. Provides that
congressional general elections are held on the first Sat. in Dec. in even-numbered years.
Proposed law changes the date of the congressional general election from the first Sat. in
Dec. to the fifth Sat. after the first Tues. after the first Mon. in Nov. Otherwise retains
present law.
Present law provides dates for bond, tax, or other election at which a proposition or question
is submitted to the voters. Provides that one of the dates on which such an election may be
held is the first Sat. in Oct. Proposed law replaces the first Sat. in Oct. with the fifth Sat.
after the first Tues. after the first Mon. in Nov. as a possible election date. Otherwise retains
present law.
Present law provides dates on which special elections may be held to fill a newly created
office or vacancy in an existing office, except the office of representative in congress.
Provides that a special primary election may be held on the first of several specified dates
that is not less than 11 weeks after the date on which the proclamation calling the special
primary election was issued. Proposed law provides instead that the proclamation must be HLS 12RS-1203 ENGROSSED
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issued at least four weeks prior to the opening of the qualifying period for the special
primary election. Otherwise retains present law.
Present law provides procedures for the conduct of elections to authorize the issuance of
bonds, the assumption of indebtedness, and the imposition or increase of taxes by political
subdivisions. Requires, among other things, publication of a notice of the election and that
the notice and certification of approval by the La. State Bond Commission be transmitted
to the secretary of state and each clerk of court and registrar of voters in the area affected by
the election. Proposed law retains present law.
Present law provides that if the election is to be held on a primary election date, such notice
and certificate shall be received by the secretary of state on or before the 71st day prior to
the primary election. Proposed law provides instead that the notice must be received by the
secretary of state at least four weeks prior to the opening of the qualifying period for the
primary election.
Present law provides procedures to be used in elections (except bond and tax elections) at
which a proposition or question is submitted to the voters. Requires, among other things,
written notice of the election to be transmitted to the secretary of state, the commissioner of
elections, and each clerk of court and registrar of voters in the area affected by the election.
Proposed law retains present law.
Present law provides that if the election is to be held on a primary election date, such notice
shall be received by the secretary of state on or before the 71st day prior to the primary
election. Proposed law provides instead that the notice must be received by the secretary of
state at least four weeks prior to the opening of the qualifying period for the primary
election.
Effective upon signature of governor or lapse of time for gubernatorial action, except that
provisions relative to bond, tax, and other elections at which a proposition or question is
submitted to the voters are effective Jan. 1, 2013.
(Amends R.S. 18:402(B)(2), (E)(1)(intro. para.) and (b) and (2)(b), and (F)(2), 1272(A),
1285(B)(1)(a), and 1300(C)(1))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original bill.
1. Changes the dates in proposed law of congressional general elections and
elections held at the same time from the second Sat. in Dec. to the fifth Sat. after
the first Tues. after the first Mon. in Nov.