SLS 14RS-598 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 208
BY SENATOR WARD
ELECTION CODE. Prohibits a public officer who has been removed from office pursuant
to a recall election from qualifying for the same office at a special election to fill the
position. (8/1/14)
AN ACT1
To amend and reenact R.S. 18:1300.13, relative to recall elections; to prohibit recalled2
public officers from running in special elections to fill the vacated position; and to3
provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 18:1300.13 is hereby amended and reenacted to read as follows:6
ยง1300.13. Declaration of vacancy7
A. When the majority is in favor of the recall, the public officer is, ipso8
facto, recalled and removed from office, and the office shall be vacated upon9
expiration of the time period for contesting the recall election set forth in R.S.10
18:1405(H) if an action contesting the recall election is not commenced timely or11
when the final judgment becomes definitive if an action contesting the recall election12
is commenced timely, and the office shall be filled as in the case of ordinary13
vacancies and according to the constitution and laws of the state. A public officer14
who has been recalled and removed from office shall not be appointed to succeed15
himself in the office from which he was recalled and removed.16
B. A public officer recalled and removed from public office, as provided17 SB NO. 208
SLS 14RS-598 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
for in Subsection A of this Section, shall be prohibited from succeeding himself1
in the office from which he was recalled and removed in any special election,2
called for that purpose.3
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Tim Prather.
DIGEST
Ward (SB 208)
Present law provides that when a majority of voters are in favor of the recall, the public
officer is, ipso facto, recalled and removed from office, and the office will be vacated upon
expiration of the time period for contesting the recall election, as provided in present law,
if an action contesting the recall election is not commenced timely or when the final
judgment becomes definitive if an action contesting the recall election is commenced timely,
and the office will be filled as in the case of ordinary vacancies and according to the
constitution and laws of the state.
Present law provides that a public officer who has been recalled and removed from office
will not be appointed to succeed himself in the office from which he was recalled and
removed.
Proposed law retains present law and provides that a public officer recalled and removed
from public office, as provided in present law, will be prohibited from succeeding himself
in the office from which he was recalled and removed in any special election, called for that
purpose.
Effective August 1, 2014.
(Amends R.S. 18:1300.13)