HLS 15RS-422 ORIGINAL
2015 Regular Session
HOUSE BILL NO. 131
BY REPRESENTATIVE BERTHELOT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ELECTIONS/RECALL: Provides that certain recalled elected officials are ineligible to
become candidates in certain elections
1 AN ACT
2To amend and reenact R.S. 18:1300.13(B)(2), relative to public officers who have been
3 recalled and removed from office; to provide that certain public officers who have
4 been recalled and removed from office are ineligible to become candidates in certain
5 elections; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 18:1300.13(B)(2) is hereby amended and reenacted to read as
8follows:
9 ยง1300.13. Declaration of vacancy; prohibitions
10 * * *
11 B.
12 * * *
13 (2)(a) A public officer who has been recalled and removed from office shall
14 be ineligible as a candidate at an election called to fill the vacancy created by the
15 recall of such public officer.
16 (b) If the recalled public officer was removed from office as a member of the
17 governing authority of a municipality governed by Part I of Chapter 2 of Title 33 of
18 the Louisiana Revised Statutes of 1950, he shall also be ineligible as a candidate at
19 an election to fill a vacancy on the governing authority that is held prior to the next
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-422 ORIGINAL
HB NO. 131
1 regularly scheduled election for members of the governing authority following the
2 recall of the public officer.
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)]
HB 131 Original 2015 Regular Session Berthelot
Abstract: Provides that a recalled public officer who was removed from office as a member
of certain municipal governing authorities is ineligible as a candidate at an election
to fill a vacancy on the governing authority that is held prior to the next regularly
scheduled election for members of the governing authority.
Present law (R.S. 18:1300.13) prohibits a public officer who has been recalled and removed
from office from being appointed to succeed himself in the office from which he was
recalled and removed. Further prohibits a public officer who has been recalled and removed
from office from being eligible as a candidate at an election called to fill the vacancy created
by the recall of the public officer.
Proposed law retains present law. Additionally provides that if the recalled public officer
was removed from office as a member of the governing authority of a Lawrason Act
municipality, he is ineligible as a candidate at an election to fill a vacancy on the governing
authority that is held prior to the next regularly scheduled election for members of the
governing authority following the recall of the public officer.
(Amends R.S. 18:1300.13(B)(2))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.