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Coding: Words which are struck through are deletions from existing law;
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Regular Session, 2012
SENATE BILL NO. 417
BY SENATOR RISER
ELECTION CODE. To provide relative to qualifying for an election for certain candidates.
(gov sig)
AN ACT1
To amend and reenact R.S. 18:461(A)(1), and to enact R.S. 18:461(A)(2)(d) and2
463(A)(1)(d), relative to the Louisiana Election Code; to provide for the manner of3
qualifying for elections for candidates serving outside of the United States in the4
armed forces; to provide relative to fees; to provide for filing by facsimile or5
electronic mail; to provide for qualifying with the secretary of state or a person in his6
office designated to receive qualifying papers; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 18:461(A)(1) is hereby amended and reenacted and R.S.9
18:461(A)(2)(d) and 463(A)(1)(d) are hereby enacted to read as follows: 10
§461. Manner of qualifying 11
A.(1) A person who desires to become a candidate in a primary election shall12
qualify as a candidate by timely filing notice of his candidacy, which shall be13
accompanied either by a nominating petition or by the qualifying fee and any14
additional fee imposed. A candidate whose notice of candidacy is accompanied by15
a nominating petition shall not be required to pay any qualifying fee or any16
additional fee. A candidate serving in the armed forces of the United States who17 SB NO. 417
SLS 12RS-803 REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
is stationed outside of the United States shall not be required to pay any1
qualifying fee or any additional fee.2
(2) The notice of candidacy may be filed in any of the following ways:3
* * *4
(d) By facsimile or electronic mail if filed by a candidate serving in the5
armed forces of the United States who is stationed outside of the United States.6
* * *7
§463. Notice of candidacy; financial disclosure; political advertising; penalties8
A.(1)(a) * * *9
(d) When a candidate serving in the armed forces of the United States10
who is stationed outside of the United States files his notice of candidacy and11
does not pay any qualifying fees or any additional fee, he shall file with the12
qualifying official a certification prepared by the secretary of state certifying13
that at the time of qualifying he is serving in the armed forces of the United14
States and he is stationed outside of the United States.15
* * *16
Section 2. This Act shall become effective upon signature by the governor or, if not17
signed by the governor, upon expiration of the time for bills to become law without signature18
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If19
vetoed by the governor and subsequently approved by the legislature, this Act shall become20
effective on the day following such approval.21
The original instrument was prepared by Lauren Bailey. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Alan Miller.
DIGEST
Riser (SB 417)
Present law provides that a person who desires to become a candidate in a primary election
qualifies as a candidate by timely filing notice of his candidacy, accompanied either by a
nominating petition or by the qualifying fee and any additional fee imposed.
Present law provides that a candidate whose notice of candidacy is accompanied by a
nominating petition will not be required to pay any qualifying fee or any additional fee.
Proposed law retains present law and provides that a candidate serving in the armed forces SB NO. 417
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
who is stationed outside of the US will not be required to pay any qualifying fee or any
additional fee.
Present law provides for the notice of candidacy to be filed in any of the following ways:
1. In person by the candidate.
2. By certified mail or commercial carrier, provided the notice is received within the
qualifying period provided by law by the qualifying official.
3. By an agent on behalf of the candidate.
Proposed law retains present law and provides that a candidate serving in the armed forces
who is stationed outside of the US may file his notice of candidacy by facsimile or electronic
mail.
Proposed law provides that when a candidate serving in the armed forces of the US is
stationed outside of the US files his notice of candidacy and does not pay any qualifying fees
or any additional fee, he is required to file with the qualifyi ng official a certification
prepared by the secretary of state certifying that at the time of qualifying he is serving in the
armed forces of the US and he is stationed outside of the US.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 18:461(A)(1); adds R.S. 18:461(A)(2)(d) and 463(A)(1)(d))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill.
1. Removed language regarding the recipient of the facsimile or electronic mail
notice of candidacy forms.
2. Added language requiring the candidate serving in the armed forces of the
US who is stationed outside of the US who files his notice of candidacy and
does not pay any qualifying fees or any additional fee, to file with the
qualifying official a certification prepared by the secretary of state certifying
that at the time of qualifying he is serving in the armed forces of the US and
he is stationed outside of the US.
3. Changes the effective date from August 1, 2012, to upon signature of the
governor or lapse of time for gubernatorial action.