RÉSUMÉ DIGEST
ACT 410 (HB 591) 2015 Regular Session Broadwater
New law moves the primary election date one week earlier for regularly scheduled primary
elections (except congressional primary elections and the presidential preference primary),
moves the general election date one week later in certain municipal and ward elections, and
moves the opening of the qualifying period one month earlier for all regularly scheduled
elections (except the presidential preference primary) as follows:
Elections for governor and officers elected at the same time: Moves the primary election
from the second to last Sat. in Oct. to the third to last Sat. in Oct. Moves the opening
of the qualifying period from the first Tues. after the first Mon. in Sept. to the first
Tues. after the first Mon. in Aug.
Elections for members of congress and officers elected at the same time: Moves the opening
of the qualifying period from the third Wed. in Aug. to the third Wed. in July.
Elections for municipal and ward officers who are not elected at the same time as the
governor or members of congress in municipalities with a population of less than
300,000: Moves the primary election in a year other than a presidential election year
from the first Sat. in April to the last Sat. in March. Moves the general election in
a presidential election year from the fourth Sat. after the primary to the fifth Sat. after
primary. Moves the opening of the qualifying period in a year other than a
presidential election year from the second Wed. in Feb. to the second Wed. in Jan.
Elections for parochial and municipal officers in a parish containing a municipality with a
population of 300,000 or more: Moves the primary election from the third Sat. in
Oct. to the second Sat. in Oct. Moves the opening of the qualifying period from the
second Wed. in Aug. to the second Wed. in July.
New law makes the same changes for special elections to fill a newly created office or
vacancy in an existing office and to bond, tax, or other elections at which a proposition or
question is to be submitted to the voters that are provided to be held on the same dates as the
above elections.
Existing law (R.S. 18:501, 1256, and 1280.22) allows a candidate to withdraw from an
election by filing notice of his withdrawal with the secretary of state. Requires the notice to
be signed by the candidate and duly acknowledged by him before an officer authorized to
administer oaths.
Prior law allowed a candidate to withdraw from a primary or general election at any time
prior to the close of the polls on the day of the election.
New law limits the time period during which a candidate may withdraw from an election.
Provides that the candidate must file notice of his withdrawal prior to 4:30 p.m. on the
seventh day after the close of the qualifying period to withdraw from a primary and prior to
4:30 p.m. on the ninth day after the date of the primary election to withdraw from a general
election.
Prior law (R.S. 18:1256 and 1280.22) relative to presidential elections provided that a notice
of withdrawal shall not be returned to the person withdrawing.
New law repeals prior law.
New law provides that the secretary of state shall not accept a notice of withdrawal that does
not satisfy the content requirements of existing law and filing requirements of new law.
Requires the secretary of state to endorse the date and time of receipt of such a notice of
withdrawal and return the notice to the candidate. Relative to a candidate in a primary
election, provides that new law does not apply to a notice of withdrawal filed pursuant to a
court order as provided in existing law provisions relative to certain objections to candidacy
that are sustained (R.S. 18:494(B)). Existing law (R.S. 18:501) requires the secretary of state to forward a copy of a notice of
withdrawal filed by a local or municipal candidate to the president of the board of election
supervisors and the clerk of court of the parish in which the candidate qualified.
New law specifies that the secretary of state shall forward a copy of the notice only if the
notice satisfies the content requirements of existing law and filing requirements of new law.
Existing law (R.S. 18:502, 1256, and 1280.22) provides that a notice of withdrawal shall be
effective when it is filed with the secretary of state, and the candidate who filed the notice
no longer shall be qualified as a candidate in the election from which he withdrew. Provides
that if the election ballot was printed with a withdrawn candidate's name on it, any votes
received by the withdrawn candidate shall be null and void and shall not be counted for any
purpose whatsoever.
New law specifies that existing law applies to notices that satisfy the content requirements
of existing law and filing requirements of new law.
Effective January 1, 2016.
(Amends R.S. 18:402(A), (C), (D), (E)(1)(a), (c), (d), and (e) and (2)(a), (c), (d), and (e), and
(F)(1), (3), (4), and (6), 467(1)-(4) and (6), 501, 502, 503(A)(1), 1256, and 1280.22(C))