ENROLLED
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ACT No. 139
Regular Session, 2012
HOUSE BILL NO. 894
BY REPRESENTATIVE TIM BURNS
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
* * *20
E. Special elections to fill newly created office or vacancy in office. An21
election to fill a newly created office or vacancy in an existing office, except the22
office of representative in congress, shall be held on the dates fixed by the23
appropriate authority in the proclamation ordering a special election as follows:24 ENROLLEDHB NO. 894
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(1) A special primary election shall be held on the first of the following days1
that is not less than eleven weeks after the date on which the proclamation calling the2
special primary election was issued, provided that the proclamation was issued at3
least four weeks prior to the opening of the qualifying period for the special primary4
election:5
* * *6
(b) The first Tuesday after the first Monday in November, when the special7
general election is held on the first fifth Saturday in December after the first Tuesday8
after the first Monday in November.9
* * *10
(2) A special general election shall be held on one of the following days:11
* * *12
(b) The first fifth Saturday in December after the first Tuesday after the first13
Monday in November of even-numbered years.14
* * *15
F. Bond, tax, or other elections. Every bond, tax, or other election at which16
a proposition or question is to be submitted to the voters shall be held only on one17
of the following dates:18
* * *19
(2) The first Saturday in October or the The first Tuesday after the first20
Monday in November or the fifth Saturday after the first Tuesday after the first21
Monday in November of even-numbered years.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 fifth Saturday in December, after the first Tuesday after the first Monday in26
November in even-numbered years. The primary election shall be held on the first27
Tuesday after the first Monday in November of an election year.28
* * *29 ENROLLEDHB NO. 894
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Section 2. R.S. 18:1285(B)(1)(a) and 1300(C)(1) are hereby amended and reenacted1
to read as follows:2
§1285. Notice of election3
* * *4
B.(1)(a) Written notice of the election and the certificate required by5
Subparagraph (b) of this Paragraph shall be transmitted to the secretary of state and6
each clerk of court and registrar of voters in the area affected by the election. If the7
election is to be held on a primary election date, then such notice and certificate shall8
be received by the secretary of state on or before the seventy-first day at least four9
weeks prior to the opening of the qualifying period for the primary election. If the10
election is not to be held on a primary election date, then the notice and certificate11
shall be received by the secretary of state on or before the forty-sixth day prior to the12
election. The secretary of state shall not accept any revisions to propositions,13
including but not limited to changes in title, text, or numerical designations, after the14
last day for submission of the notice and certificate to the secretary of state.15
* * *16
§1300. Procedures; notice of election; expenses17
* * *18
C.(1) When an election is called under the provisions of this Chapter, written19
notice of the election shall be transmitted to the secretary of state, the commissioner20
of elections, and each clerk of court and registrar of voters in the area affected by the21
election. If the election is to be held on a primary election date, then such notice22
shall be received by the secretary of state on or before the seventy-first day at least23
four weeks prior to the opening of the qualifying period for the primary election. If24
the election is not to be held on a primary election date, then such notice shall be25
received by the secretary of state on or before the forty-sixth day prior to the26
election.27
* * *28
Section 3.(A) This Section and Section 1 of this Act shall become effective upon29
signature of this Act by the governor or, if not signed by the governor, upon expiration of30 ENROLLEDHB NO. 894
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the time for bills to become law without signature by the governor, as provided by Article1
III, Section 18 of the Constitution of Louisiana. If this Act is vetoed by the governor and2
subsequently approved by the legislature, this Section and Section 1 of this Act shall become3
effective on the day following such approval.4
(B) Section 2 of this Act shall become effective on January 1, 2013.5
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: