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Regular Session, 2014
SENATE BILL NO. 271
BY SENATOR MURRAY
JUDGES. Provides relative to vacancy in the office of a judge. (See Act)
AN ACT1
To amend and reenact R.S. 18:621, relative to elections; to provide relative to vacancies in2
the office of a judge; to provide for the calling of elections; to provide certain terms,3
conditions, procedures, requirements and effects; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 18:621 is hereby amended and reenacted to read as follows:6
ยง621. Vacancy in office of judge7
A.(1) Within twenty-four hours after having knowledge of a vacancy in the8
office of a judge, including a vacancy by reason of a newly created judgeship, the9
supreme court shall give written notice to the governor that the vacancy exists, the10
date on which it occurred, and the cause thereof The supreme court shall give11
written notice to the governor and legislature that a vacancy exists in the office12
of a judge in accordance with the provisions of Article V, Section 22(B) of the13
Louisiana Constitution. The notice shall include the date on which the vacancy14
occurred and the cause thereof.15
(2) If more than twelve months of the term remain unexpired, then within ten16
days after being notified of the vacancy If the vacancy is a judgeship newly17 SB NO. 271
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created by the legislature or the supreme court determines that the vacancy1
should be filled, then in accordance with the provisions of Article V, Section2
22(B), the governor shall determine the dates on which the special elections to fill3
the vacancy shall be held and the dates of the qualifying period and shall issue his4
proclamation ordering a special election and specifying the dates on which the5
primary and general elections will be held and the dates of the qualifying period for6
the election. However, if the deadline for issuing the proclamation falls on a7
Saturday, Sunday, or other legal holiday, then the next day which is not a Saturday,8
Sunday, or legal holiday shall be deemed to be the final day for issuing such9
proclamation.10
(3) The governor shall call any special election to fill a newly created11
judgeship or a vacancy in an existing judgeship in accordance with the dates for12
elections set forth in R.S. 18:402, if such dates can be utilized to fill a newly created13
judgeship or fill a vacancy in an existing judgeship within the period of time14
prescribed in Article V, Section 22(B) of the Louisiana Constitution. In selecting the15
dates for such special elections, the governor shall first choose a gubernatorial or16
congressional election date; if no such date is available during the constitutionally17
prescribed time period, the governor shall then select another election date, as18
provided for in R.S. 18:402.19
B. Immediately after issuance of the proclamation, the governor shall publish20
the proclamation in the official journal of each parish in which the election is to be21
held. Within twenty-four hours after its issuance, the governor shall send a copy of22
the proclamation to the secretary of state. Within twenty-four hours after he receives23
the copy, the secretary of state shall notify all election officials having any duty to24
perform in connection with a special election to fill such vacancy, including the25
parish boards of election supervisors for the parish or parishes in which the vacancy26
occurred.27
Section 2. This Act shall take effect and become operative if and when the proposed28
amendment of Article V, Sections 15(D) and 22(B) of the Constitution of Louisiana29 SB NO. 271
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contained in the Act which originated as Senate Bill No. __ of this 2014 Regular Session of1
the Legislature is adopted at the statewide election to be held on November 4, 2014, and2
becomes effective.3
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry G. Jones.
DIGEST
Murray (SB 271)
Present law provides procedure for elections to fill a vacancy in the office of a judge.
Present law provides that within 24 hours after having knowledge of a vacancy in the office
of a judge, including a vacancy by reason of a newly created judgeship, the supreme court
shall give written notice to the governor that the vacancy exists, the date on which it
occurred, and the cause thereof.
Proposed law provides that the supreme court shall give written notice to the governor and
legislature that a vacancy exists in the office of a judge in accordance with the provisions
of Article V, Section 22(B) of the Louisiana Constitution. The notice shall include the date
on which the vacancy occurred and the cause thereof.
Present law provides procedures for determining and calling special elections to fill the
vacancy. Proposed law retains such procedures if the vacancy is by reason of a newly
created judgeship or the supreme court has determined such vacancy should be filled.
(Amends R.S. 18:621)