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Regular Session, 2014
HOUSE BILL NO. 521
BY REPRESENTATIVE IVEY
ELECTIONS: Provides relative to federal elections
AN ACT1
To amend and reenact R.S. 18:401, 402(B), (E)(1)(b) and (2)(b), and (F)(2), 467(2), 481,2
511(A) and (B), 1272(A), and 1355(6) and to enact R.S. 18:1275.1 through 1275.23,3
relative to elections; to provide for the system of elections for congressional offices;4
to provide for a party primary; to provide relative to procedures and requirements for5
voting; to provide for the application of certain provisions of the Louisiana Election6
Code to congressional elections; to provide for election dates; to provide relative to7
qualification of candidates for primary and general elections; to provide relative to8
objections to candidacy; to provide relative to the election of candidates in a primary9
and general election; to provide relative to election materials; to provide relative to10
voting machines; to provide for effectiveness; and to provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 18:401, 402(B), (E)(1)(b) and (2)(b), and (F)(2), 467(2), 481, 511(A)13
and (B), 1272(A), and 1355(6) are hereby amended and reenacted and R.S. 18:1275.114
through 1275.23 are hereby enacted to read as follows: 15
§401. Purpose and nature of primary and general elections16
A. Purpose. Primary and general elections are held to elect persons to17
Congress congress and to all the elective offices in this state, except the office of18
presidential elector.19 HLS 14RS-1160 ORIGINAL
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B. Nature. All (1) Except for the election of persons to congress, all1
qualified voters of this state may vote on candidates for public office in primary and2
general elections without regard to the voter's party affiliation or lack of it, and all3
candidates for public office who qualify for a primary or general election may be4
voted on without regard to the candidate's party affiliation or lack of it.5
(2) In the election of persons to congress, the following shall apply:6
(a) In primary elections, recognized political parties shall make all7
nominations of candidates by direct primary elections held under the provisions of8
this Chapter. In primary elections, each qualified voter may vote only on the9
candidates for public office who are affiliated with the same political party with10
which the voter is affiliated. In primary elections, each qualified voter who is not11
affiliated with a recognized political party may choose to vote in one recognized12
political party's primary elections, except as otherwise provided by R.S. 18:1275.1.13
(b) In general elections, each qualified voter of this state may vote for14
candidates for public office without regard to the voter's party affiliation or lack15
thereof, and all candidates for public office who qualify for a general election may16
be voted on without regard to the candidates' party affiliation or lack thereof.17
§402. Dates of primary and general elections18
* * *19
B. Congressional elections. Elections for members of congress and officers20
elected at the same time as members of congress shall be held every two years,21
beginning in 1982.22
(1) Primary elections for members of congress and officers elected at the23
same time as members of congress shall be held on the first Tuesday after the first24
Monday in November Saturday in October of an election year.25
(2) General elections for members of congress and officers elected at the26
same time as members of congress shall be held on the fifth Saturday after the first27
Tuesday after the first Monday in November of an election year.28
* * *29 HLS 14RS-1160 ORIGINAL
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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 after the date on which the proclamation calling the special primary election6
was issued, provided that the proclamation was issued at least four weeks prior to the7
opening of the qualifying period for the special primary election:8
* * *9
(b) The first Tuesday after the first Monday in November Saturday in10
October, when the special general election is held on the fifth Saturday after the first11
Tuesday after the first Monday in November.12
* * *13
(2) A special general election shall be held on one of the following days:14
* * *15
(b) The fifth Saturday after the first Tuesday after the first Monday in16
November of even-numbered years.17
* * *18
F. Bond, tax, or other elections. Every bond, tax, or other election at which19
a proposition or question is to be submitted to the voters shall be held only on one20
of the following dates:21
* * *22
(2)(a) The first Tuesday after the first Monday in November Saturday in23
October or the fifth Saturday after the first Tuesday after the first Monday in24
November of even-numbered years.25
(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,26
the fifth Saturday after the first Tuesday after the first Monday in November shall27
not be applicable in a parish containing a municipality with a population of three28
hundred thousand or more for an election relative to a parcel fee imposed within a29 HLS 14RS-1160 ORIGINAL
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security or neighborhood improvement district. For purposes of this Subparagraph,1
"security or neighborhood improvement district" means a special district one of the2
primary purposes of which is aiding in crime prevention and adding to the security3
of district residents by providing for an increased presence of law enforcement4
personnel in the district or otherwise promoting and encouraging security in the5
district.6
* * *7
§467. Opening of qualifying period8
The qualifying period for candidates in a primary election shall open:9
* * *10
(2) For candidates in a congressional primary election and those in any11
special primary election to be held at the same time, on the third first Wednesday in12
August of the year of the election.13
* * *14
§481. Candidates who qualify for a general election15
The Except for candidates for United States senator or representative in16
congress, the candidates who qualify for each office remaining to be filled in the17
general election are those who received the two highest numbers of votes, the four18
highest number of votes, and so on among those not elected in the primary election,19
until the maximum number of candidates for each office on the general election20
ballot is reached.21
* * *22
§511. Election of candidates in a primary election ; exception, congressional23
candidates24
A. Majority vote. A candidate other than a candidate for United States25
senator or representative in congress who receives a majority of the votes cast for an26
office in a primary election is elected. If there are two or more offices of the same27
character to be filled, the number of votes necessary to constitute a majority shall be28
greater than the result obtained by dividing the total votes cast for all of the29 HLS 14RS-1160 ORIGINAL
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candidates by the number of offices to be filled and dividing the result so obtained1
by two. If more candidates receive a majority than there are offices to be filled,2
those of such candidates receiving the highest total of votes shall be elected, to the3
number required to fill all of the offices. Any votes received by a withdrawn4
candidate or a deceased candidate shall be void and shall not be counted for any5
purpose whatsoever.6
B. Election of unopposed candidates for public office. If, after the close of7
the qualifyin g period for candidates in a primary election, other than a primary8
election for United States senator or representative in congress, the number of9
candidates for a public office does not exceed the number of persons to be elected10
to the office, the candidates for that office, or those remaining after the withdrawal11
of one or more candidates, are declared elected by the people, and their names shall12
not appear on the ballot in either the primary or the general election.13
* * *14
§1272. United States senators; representatives in congress; time of electing15
A. All primary and general elections for representatives in congress shall be16
held on the fifth Saturday after the first Tuesday after the first Monday in November17
in even-numbered years. The primary election shall be held on the first Tuesday18
after the first Monday in November of an election year as provided in R.S.19
18:402(B).20
* * *21
§1275.1. Purpose and nature of congressional primary and general elections22
A. Nature of primary elections. All recognized political parties shall make23
all nominations of candidates for United States senator or representative in congress24
by direct primary elections held under the provisions of this Part and applicable25
general election law. In congressional primary elections, each qualified voter of this26
state may vote only on the candidates for public office who are affiliated with the27
same political party with which the voter is affiliated. In congressional primary28
elections, each qualified voter of this state who is not affiliated with a recognized29 HLS 14RS-1160 ORIGINAL
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political party may choose to vote in a recognized political party's primary elections,1
unless the state central committee of such political party in its rules and regulations2
prohibits unaffiliated voters from participating in its primary elections. If a3
recognized political party prohibits unaffiliated voters from participating in its4
primary elections, the state central committee of such party shall give written notice5
to the secretary of state of such prohibition, including a copy of the rules and6
regulations containing such prohibition, no later than January first of the year in7
which regularly scheduled congressional elections are to be held, or no later than the8
forty-sixth day prior to a special primary election. The notice, once filed with the9
secretary of state, shall be effective until the recognized political party notifies the10
secretary of state in writing of a change. Any such notice of a change shall be filed11
with the secretary of state no later than January first of the year in which regularly12
scheduled congressional elections are to be held, or no later than the forty-sixth day13
prior to a special primary election. Should more than one political party not prohibit14
nonaffiliated voters to participate in the primary, the participating voter shall select15
only one party ballot to vote on in the primary election.16
B. Nature of congressional general elections. Each qualified voter of this17
state may vote on candidates for United States senator and representative in congress18
in general elections without regard to the voter's party affiliation or lack thereof, and19
all candidates for such offices who qualify for a general election may be voted on20
without regard to the candidates' party affiliation or lack thereof.21
C. The provisions of this Code shall govern any matter related to22
congressional elections not otherwise specifically provided for in this Part.23
§1275.3. Manner of qualifying for the primary election24
A. A person who desires to become a candidate in the primary election shall25
qualify as provided in Part IV of Chapter 5 of this Code except as otherwise provided26
in this Section.27
B. Party affiliation required. A person who desires to become a candidate28
in the primary election must be affiliated with a recognized political party. A person29 HLS 14RS-1160 ORIGINAL
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may qualify as a candidate only in the primary election of the party with which he1
is affiliated as shown on his voter registration.2
C. Qualifying official. Candidates shall qualify for the primary election with3
the secretary of state or a person in his office designated to receive qualifying papers.4
D. Notice of candidacy. (1) A notice of candidacy shall be in writing and5
shall state the candidate's name, the office he seeks, the address of his domicile, the6
parish, ward, and precinct where he is registered to vote, and the political party with7
which he is registered as being affiliated.8
(2) A notice of candidacy, accompanied either by the qualifying fee or by a9
nominating petition, is filed timely only if received by the secretary of state during10
the qualifying period for candidates in the primary election.11
E. Nominating petition. (1) A nominating petition shall be filed with the12
official with whom the candidate qualifies and shall accompany the notice of13
candidacy.14
(2) A person may only be nominated as a candidate in the primary election15
by persons within the same political party who are registered to vote on the office he16
seeks who sign a nominating petition for him no more than one hundred twenty days17
before the qualifying period opens for candidates in the primary election. In addition18
to his signature, each voter who signs a nominating petition shall date his signature19
and shall provide the ward and precinct in which he is registered to vote, his20
residence address, including the municipal number, the apartment number, if any, the21
rural route and box number, or any other physical description that will identify his22
actual place of residence and his political party affiliation. Once a voter has signed23
a nominating petition, he may not withdraw the nomination. The secretary of state24
shall prepare forms which may be used by any person who seeks to be nominated by25
nominating petition as a candidate for United States senator or representative in26
congress. The secretary of state shall furnish copies of the forms to each clerk of27
court, and the forms shall be available, upon request, at the office of the secretary of28
state or at the office of the clerk of court. Nothing in this Subsection shall be29 HLS 14RS-1160 ORIGINAL
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construed to require nominating petitions to be filed only on forms prepared by the1
secretary of state.2
(3) The registrar for each parish shall endorse upon the nominating petitions,3
whether original or supplemental, the date and time of submission and shall promptly4
certify the nominating petitions, in the order received, by determining and certifying5
on each nominating petition which of the signers who provided a residence address6
in the parish signed the nominating petition timely, are registered with the same7
political party as the candidate, and are entitled to vote on the office the candidate8
seeks. A supplemental nominating petition shall be certified in the order in which9
it is received, without regard to the time when the original nominating petition for10
that candidate was submitted. A registrar may stop certifying the signatures on a11
nominating petition when the total number of the signers he has certified as having12
signed the petition timely, as being registered to vote on the office the candidate13
seeks, and as affiliated with the candidate's political party equals one hundred fifteen14
percent of the number of qualified voters required to nominate the candidate for the15
office he seeks. A registrar's certification shall be conclusive as to the number of16
qualified voters who timely signed a nominating petition, and evidence to the17
contrary shall not be admitted in an action objecting to the candidacy of the18
candidate who filed the nominating petition.19
§1275.5. Reopening of qualifying period; effect20
A. When a person who qualified as a candidate in the primary election for21
the office of senator or representative in congress dies after the close of the22
qualifying period and before the time for closing the polls on the day of the primary23
election, the qualifying period for candidates in the primary election for that office24
shall reopen for the party of the candidate who died on the day after the death and25
shall close at 5:00 p.m. on the third day after the death or, if that day is a legal26
holiday, at 5:00 p.m. on the next day which is not a legal holiday. The name of the27
deceased candidate shall not be printed on the primary election ballot. If the primary28
election ballot was printed with the deceased candidate's name on it, any votes29 HLS 14RS-1160 ORIGINAL
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received by the deceased candidate shall be void and shall not be counted for any1
purpose whatsoever.2
B. When, at the close of the qualifying period, no candidate has qualified for3
an office, the qualifying period shall be reopened, but only for the office for which4
no candidates qualified, on the first Wednesday after the close of the qualifying5
period and shall close at 5:00 p.m. on the Friday thereafter or, if that day is a legal6
holiday, at 5:00 p.m. on the next day which is not a legal holiday.7
C. Whenever the qualifying period is reopened as required by Subsections8
A or B of this Section, the secretary of state shall cause notice of the reopening,9
listing the dates and times the period shall run, to be published in the official journal10
of the state.11
D. Effect on primary election. (1) If the qualifying period for candidates12
reopens for any recognized political party within thirty days before a primary13
election, all the votes cast in the primary election for that public office shall be void,14
unless the qualifying period for the office reopened and closed without additional15
candidates qualifying for the office. If additional candidates qualify for the office16
and the votes for the primary will be void for that reason, the secretary of state shall17
immediately publish in the official journal of the state a notice to the electorate that18
the election for that office has been voided because new candidates qualified. Such19
notice shall include the dates for the rescheduled primary and general elections.20
(2) If all the votes cast in a primary election for a public office are void21
because of the death of a candidate, the primary election for the office shall be held22
on the date of the general election, and the general election for the office shall be23
held on the fifth Saturday after the primary election.24
§1275.7. Nomination of candidates in a primary election; general election;25
unopposed candidate26
A. If, after the close of the qualifying period for candidates in a primary27
election, only one candidate qualifies for nomination by a recognized political party28
for an office or only one candidate for nomination by a recognized political party for29 HLS 14RS-1160 ORIGINAL
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an office remains after the withdrawal of one or more candidates, such candidate1
shall be declared the nominee of the party, and his name shall be on the ballot for the2
general election. If the primary election ballot was printed with the name of a3
candidate who withdrew on it, any votes received by a candidate who withdrew shall4
be void and shall not be counted for any purpose whatsoever.5
B. If, after the close of the qualifying period for candidates for the public6
office of United States senator or representative in congress and, if applicable, after7
the expiration of the time period for a recognized political party to select a nominee8
pursuant to R.S. 18:1275.13(B) only one candidate qualifies for the primary election9
or general election or only one candidate remains after the withdrawal of one or more10
candidates, such candidate shall be declared elected by the people at the close of the11
polls on the day of the general election, and his name shall not appear on the ballot12
in a primary, if applicable, and such candidate's name shall not appear on the general13
election ballot.14
§1275.9. Qualifications of voters15
All persons who have registered to vote in this state prior to the time the16
registration records are closed as required in R.S. 18:135 may vote in congressional17
primary elections as provided in R.S. 18:1275.1.18
§1275.11. Prerequisites to voting19
The provisions of R.S. 18:562 shall be applicable to all congressional primary20
elections and congressional general elections. Additionally, any person who desires21
to vote in any primary election shall also give his party affiliation, if any, to a22
commissioner, who shall announce the applicant's name, address, and party23
affiliation, if any, to the persons at the polling place.24
§1275.13. Effect of tie vote, withdrawal or death of a candidate25
A. If one or more of the persons who qualified for the primary election26
withdraws his candidacy, dies, or is otherwise disqualified, thereby leaving only one27
candidate from the same political party in the race, the remaining candidate shall be28
declared the nominee of the party.29 HLS 14RS-1160 ORIGINAL
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B.(1) The state central committee of a recognized political party may provide1
for the selection of a nominee in either of the following situations:2
(a) When a candidate withdraws after the close of the qualifying period and3
before the time for closing the polls on the day of the primary election, thereby4
leaving the recognized political party with no nominee.5
(b) When a candidate dies before the time for closing the polls on the day of6
the primary election, thereby leaving the recognized political party with no nominee.7
(2) The state central committee shall provide a notarized notice of the8
selection of such nominee to the secretary of state, which notice shall be delivered9
to the secretary of state within ten days of the death or withdrawal or by 4:30 p.m.10
on the third calendar day after the primary election, whichever occurs first.11
C. There shall be no second primary. In the case of a tie vote in the primary,12
the party's nominee for the general election shall be selected by a public drawing of13
lots conducted by the secretary of state.14
§1275.15. Candidates who qualify for a general election15
All nominations by recognized political parties for the general election shall16
be in accordance with the provisions relative to primary elections. The candidate17
from a recognized political party who receives the highest number of votes cast in18
the primary shall be the party nominee and qualify for the general election. If there19
is only one candidate remaining after the death or withdrawal of a candidate after the20
primary, the remaining candidate from the recognized political party shall be the21
party nominee and qualify for the general election. A nominee selected in22
accordance with R.S. 18:1275.13(B) or (C) shall qualify for the general election.23
§1275.17. Number of candidates who may qualify for a general election24
The number of candidates for an office who may qualify for the general25
election by party nomination is one candidate from each recognized political party.26 HLS 14RS-1160 ORIGINAL
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§1275.19. Candidates not affiliated with a recognized political party; qualifying for1
the general election2
A. Any person desiring to become a candidate in a general election who is3
not registered as being affiliated with a recognized political party shall file his notice4
of candidacy which shall be accompanied by either a ballot access petition or by the5
qualifying fee required for state candidates as provided in R.S. 18:464. The number6
of signatures required on a ballot access petition shall be the same as the number7
required for candidates seeking nomination by a nominating petition for the same8
office in the primary election.9
B. The ballot access petition shall comply with all of the requirements of this10
Code relative to nominating petitions except as otherwise specifically provided for11
in this Part. No person affiliated with a recognized political party shall be eligible12
to sign a ballot access petition.13
C. The notice of candidacy shall comply with all of the requirements of this14
Code relative to notice of candidacy except as otherwise specifically provided for in15
this Part.16
D. The time of qualifying and the official with whom a candidate qualifies17
shall be in accordance with all of the provisions of this Code relative to qualifying18
for a primary election except as otherwise specifically provided for in this Part.19
§1275.21. Objecting to candidacy of person not affiliated with a recognized political20
party21
The provisions of this Code relative to objections to candidacy for candidates22
in a primary election shall apply to an action objecting to candidacy of a person who23
qualified pursuant to R.S. 18:1275.19 in the same manner as if the person had24
qualified for the primary election.25
§1275.23. Ballots26
A. Preparation. The secretary of state shall prepare and certify the absentee27
ballots and the ballots to be used on the voting machines in the primary and general28
elections in the manner provided in R.S. 18:551 except as provided in this Section.29 HLS 14RS-1160 ORIGINAL
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B. Names and numbers of candidates. The names of the candidates in any1
primary or general election shall be printed on the ballot as follows:2
(1) In any primary election only the names of candidates who qualified for3
election and were not subsequently disqualified by a judgment rendered in an action4
objecting to candidacy or who were not unopposed shall be printed on the ballot.5
The name of each candidate shall be printed on the ballot in the form designated by6
the candidate in his notice of candidacy on file with the secretary of state. The7
parties shall be arranged alphabetically, and under such party affiliation, the names8
of the candidates for each office shall be listed alphabetically by surname within9
each party and printed below the title of the office and below the respective party10
designation. The names of the candidates shall be numbered from first to last. Once11
the secretary of state has assigned numbers to the candidates on the primary election12
ballot, the numbers shall not be changed. If the qualifying period reopens because13
of the death of a candidate, additional candidates who qualify for the primary14
election shall be given the numbers following the number assigned to the last15
candidate on the ballot. If two or more candidates have the same surname, the word16
"Incumbent" shall be printed after the name of each candidate having the same17
surname who is an incumbent and the residence address shall be printed after the18
name of each candidate having the same surname who is not an incumbent.19
(2) In a general election, only the names of the candidates who qualified for20
election and who were not subsequently disqualified by a judgment rendered in an21
action objecting to candidacy shall be printed on the ballot, and the names shall be22
printed in the same form as they were printed on the ballot for the primary election.23
The names of candidates who qualified pursuant to R.S. 18:1275.19 shall be as they24
appear on the notice of candidacy. The names of the candidates for each office shall25
be arranged alphabetically by surname, and shall be listed below the title of the26
office. The political party designation of a candidate shall be listed on the ballot as27
provided in R.S. 18:551(D). The names of the candidates shall be given the same28
number assigned to them on the primary election ballot. Additional candidates who29 HLS 14RS-1160 ORIGINAL
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qualify who were not on the primary election ballot shall be given the numbers1
following the number assigned to the last candidate on the ballot for the primary2
election.3
* * *4
§1355. Construction and equipment of machines; requirements5
Each voting machine used in an election shall be so constructed and equipped6
as to:7
* * *8
(6) When used in a congressional primary election or primary election at9
which members of a political party committee are to be voted on, allow election10
officials to lock out all candidate counters except those of the party with which the11
voter is affiliated or those of the party for which a voter unaffiliated with a12
recognized political party may vote in accordance with law.13
* * *14
Section 2. This Act shall become effective upon signature by the governor or, if not15
signed by the governor, upon expiration of the time for bills to become law without signature16
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If17
vetoed by the governor and subsequently approved by the legislature, this Act shall become18
effective on the day following such approval.19
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)]
Ivey HB No. 521
Abstract: Provides for party primary elections for the election of members to the U.S.
House of Representatives and the U.S. Senate.
Present law, relative to elections, provides that all qualified voters of this state may vote on
candidates for public office in primary and general elections without regard to the voter's
party affiliation or lack of it, and that all candidates for public office who qualify for a
primary and general election may be voted on without regard to the candidate's party
affiliation or lack of it. Present law further provides that if a candidate receives a majority
in a primary election, he is elected. Present law provides that no candidate received a
majority in the primary election, the candidates who qualify for the general election are those
who received the two highest number of votes. HLS 14RS-1160 ORIGINAL
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Proposed law specifies that the present law provisions of the election code govern
congressional elections in any matter not otherwise provided by proposed law. Proposed law
provides that for election of members to the U.S. House of Representatives and the U.S.
Senate that, the following shall apply instead:
(1)Proposed law provides that all recognized political parties shall make nominations
of all congressional candidates by direct party primary elections. Provides that in
such party primary elections, all qualified voters of this state may vote only on the
candidates for public office who are affiliated with the same political party with
which the voter is affiliated. Provides for qualified voters not affiliated with a
recognized political party to choose to vote in one recognized political party's
primary election. Further provides that in congressional primary elections each
qualified voter who is not affiliated with a recognized political party may choose to
vote in a recognized political party's primary elections, unless the state central
committee of such political party in its rules and regulations prohibits unaffiliated
voters from participating in its primary elections. Provides that if a recognized
political party prohibits unaffiliated voters from participating in its primary election,
the state central committee of such party shall give written notice to the secretary of
state of such prohibition, including a copy of the rules and regulations containing
such prohibition, no later than Jan. first of the year in which regularly scheduled
congressional elections are to held and no later than 46 days prior to a special
primary election.
Proposed law provides that all qualified voters may vote on candidates for public
office in general elections without regard to the voter's party affiliation or lack
thereof, and all candidates for public office who qualify for a general election may
be voted on without regard to the candidate's party affiliation or lack thereof. (Note:
As provided in present law (R.S. 18:512) for a general election, the candidate with
the most votes is elected.)
(2)Present law provides that the congressional primary election for members of
congress and officers elected at the same time as members of congress shall be on
the first Tuesday after the first Monday in November and that the congressional
general election shall be held on the fifth Saturday after the first Tuesday after the
first Monday in November of each even- numbered year. Proposed law provides that
the congressional primary election shall be on the first Saturday in October and the
congressional general election shall be the first Tuesday after the first Monday in
November of each even-numbered year and makes the same change relative to
available dates for special elections and bond, tax, or other elections.
(3)Present law provides that the qualifying period for candidates in a congressional
primary election and any special primary election held at the same time opens on the
third Wednesday in August of the year of the election. Proposed law changes the
opening of the qualifying period to the first Wednesday in August.
(4)Proposed law provides that a candidate in a congressional primary election shall be
affiliated with a recognized political party and may qualify as a candidate only in the
party primary of the party with which he is affiliated as shown on his voter
registration.
(8) Proposed law provides that the manner of qualifying for the primary election is the
same as provided in present law except candidates shall qualify for the primary
election with the secretary of state or a person in his office designated to receive
qualifying papers and the notice of candidacy shall be in writing and shall state the
candidate's name, the office he seeks, the address of his domicile, the parish, ward,
and precinct where he is registered to vote, and the political party with which he is
registered as being affiliated. Provides that the notice of candidacy shall be
accompanied either by the qualifying fee or by a nominating petition and is filed HLS 14RS-1160 ORIGINAL
HB NO. 521
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are additions.
timely only if received by the secretary of state during the qualifying period for
candidates in the primary election. Requires designation of party affiliation for
signers of a nominating petition for a candidate and provides that only persons in the
same party as the candidate are eligible to sign the nominating petition. Provides
procedures for the form and certifications of the petitions.
(9) Proposed law provides that when qualifying is reopened due to the death of a
congressional candidate in a primary election, the qualifying shall be open only for
the party of the candidate who died. Specifies the time for such reopening. Further
provides for rescheduling of the primary and general election in such cases.
(10)Proposed law provides that if after the close of qualifying, the number of persons to
be nominated by a recognized political party for a congressional office does not
exceed the number of persons to be nominated by that party, those persons are
declared nominated and their names shall appear on the general election ballot.
Provides for the election of an unopposed candidate by declaring such candidate
elected by the people at the close of polls on the day of the general election and
specifies that his name shall not appear on any ballot.
(11)Proposed law provides that in the case of a tie vote in the party primary the party's
nominee for the general election shall be selected by public drawing of lots
conducted by the secretary of state.
(12)Proposed law provides that if one of the congressional candidates dies or withdraws
before the close of polls on the day of the primary leaving no nominee for the party,
the state central committee shall provide for the selection of a nominee of their party
and shall notify the secretary of state within 10 days of the death or withdrawal or
by 4:30 p.m. on the third calendar day after the primary, whichever occurs first.
(13) Proposed law provides that a person who is not affiliated with a recognized political
party may become a candidate in a general election by filing his notice of candidacy
which shall be accompanied by either a ballot access petition or the qualifying fee
with the same number of signatures required on a nominating petition for candidates
in the primary, in the same manner and during the same time period as is provided
for candidates in the primary who are affiliated with a recognized political party.
Further provides that a person affiliated with a recognized political party shall not
be eligible to sign a ballot access petition.
(14) Proposed law provides that present law relative to objections to candidacy applies
to congressional candidates unaffiliated with a recognized political party who qualify
for the general election in the same manner as if the candidate qualified for the
primary election.
(15)Provides that the secretary of state shall prepare the ballots as provided in present
law (R.S. 18:551) except that for the primary election ballot the parties shall be
arranged alphabetically, and under such party affiliation, the names of the candidates
for each office shall be listed alphabetically by surname within each party and
printed below the title of the office and below the respective party designation and
the names of the candidates shall be numbered from first to last. For the general
election, provides that additional candidates who qualify and who were not on the
primary election ballot shall be given the numbers following the number assigned
to the last candidate on the ballot for the primary election.
(16)Provides that the prerequisites to voting in the elections are the same as provided in
present law (R.S. 18:562), except that a voter shall also give his party affiliation, if
any, to the commissioner who shall announce the applicant's name, address, and
party affiliation, if any to the persons at the polling place. HLS 14RS-1160 ORIGINAL
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(17)Relative to voting machines, proposed law specifies that they be constructed and
equipped, when used in a congressional primary election or primary election at
which members of a political party committee are to be voted on, to allow election
officials to lock out all candidate counters except those of the party with which the
voter is affiliated or those of the party for which a voter unaffiliated with a
recognized political party may vote in accordance with proposed law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 18:401, 402(B), (E)(1)(b) and (2)(b), and (F)(2), 467(2), 481, 511(A) and (B),
1272(A), and 1355(6); Adds R.S. 18:1275.1-1275.23)