HLS 14RS-2488 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 1226
BY REPRESENTATIVE NORTON
ELECTED OFFICIALS: Requires a former elected official to remove certain signs and
avoid using certain letterhead following the termination of the holding of elected
public office
AN ACT1
To enact R.S. 42:5, relative to former elected officials; to require a person who formerly2
held an elected public office to remove certain signs that indicate that the person3
continues to hold the office; to prohibit a person who formerly held an elected public4
office from using a letterhead that indicates that the person continues to hold the5
office; to provide relative to the authority and duties of district attorneys; to provide6
for enforcement; to provide for penalties; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 42:5 is hereby enacted to read as follows:9
ยง5. Former elected official; removal of signs; use of letterhead; enforcement;10
penalty11
A. Within six months from the date on which a person who was elected to12
public office ceases to hold such office, the person shall remove all signs erected by13
him or on his behalf that indicate to the public that the person continues to hold such14
elected public office.15
B. No person who was elected to public office who has ceased to hold such16
office shall use a letterhead that indicates that the person continues to hold such17
elected public office.18 HLS 14RS-2488 ORIGINAL
HB NO. 1226
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
C.(1) A district attorney may bring a judicial action to enforce the provisions1
of this Section. In any such action, the court may impose a civil penalty not to2
exceed five hundred dollars.3
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, prior4
to instituting an action to enforce the provisions of this Section, the district attorney5
shall send notice to the person informing the person of the alleged violation, and the6
district attorney shall allow the person thirty days from the date the notice is sent to7
remove the sign or signs or to cease the use of and destroy any remaining letterhead,8
as applicable. If the person fails to comply, the district attorney may bring an action9
pursuant to Paragraph (1) of this Section.10
(3) Costs and reasonable attorney fees shall be awarded to the district11
attorney in all actions when the district attorney successfully enforces the provisions12
of this Section.13
Section 2. Each former elected official who ceased to hold elected public office prior14
to the effective date of this Act shall comply with the provisions of this Act within six15
months from the effective date of this Act.16
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)]
Norton HB No. 1226
Abstract: Requires a person who formerly held elected public office to remove signs and
cease using letterhead that indicates that the person continues to hold such elected
public office, provides for civil penalties, and provides district attorneys with
enforcement authority.
Proposed law provides that within six months from the date on which a person who was
elected to public office ceases to hold such office, the person shall remove all signs erected
by him or on his behalf that indicate to the public that the person continues to hold such
elected public office.
Proposed law prohibits a person who was elected to public office who has ceased to hold
such office from using a letterhead that indicates that the person continues to hold such
elected public office.
Proposed law provides that a district attorney may bring a judicial action to enforce proposed
law. Provides that in any such action, the court may impose a civil penalty not to exceed
$500. HLS 14RS-2488 ORIGINAL
HB NO. 1226
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law provides, however, that prior to instituting an action to enforce proposed law,
the district attorney shall send notice to the person informing the person of the alleged
violation, and the district attorney shall allow the person 30 days from the date the notice is
sent to remove the sign or signs or to cease the use of and destroy any remaining letterhead,
as applicable. Provides that if the person fails to comply, the district attorney may bring an
enforcement action.
Proposed law provides that costs and reasonable attorney fees shall be awarded to the district
attorney in all actions when the district attorney successfully enforces the provisions of
proposed law.
Proposed law provides that each former elected official who ceased to hold elected public
office prior to the effective date of proposed law shall comply with the provisions of
proposed law within six months from the effective date of proposed law.
(Adds R.S. 42:5)