HLS 16RS-2166 ORIGINAL
2016 Regular Session
HOUSE BILL NO. 1091
BY REPRESENTATIVE IVEY
ELECTIONS: Provides for the conduct of federal elections
1 AN ACT
2To amend and reenact R.S. 18:401, 402(B), (E)(1)(b) and (2)(b) and (F)(2), 467(2), 481,
3 511(A) and (B), 1272(A), and 1355(6) and to enact R.S. 18:1275.1 through 1275.23,
4 relative to elections; to provide for the system of elections for congressional offices;
5 to provide for a party primary; to provide relative to procedures and requirements for
6 voting; to provide for the application of certain provisions of the Louisiana Election
7 Code to congressional elections; to provide for election dates; to provide relative to
8 qualification of candidates for primary and general elections; to provide relative to
9 objections to candidacy; to provide relative to the election of candidates in a primary
10 and general election; to provide relative to election materials; to provide relative to
11 voting machines; to provide for effectiveness; and to provide for related matters.
12Be it enacted by the Legislature of Louisiana:
13 Section 1. R.S. 18:401, 402(B), (E)(1)(b) and (2)(b) and (F)(2), 467(2), 481, 511(A)
14and (B), 1272(A), and 1355(6) are hereby amended and reenacted and R.S. 18:1275.1
15through 1275.23 are hereby enacted to read as follows:
16 §401. Purpose and nature of primary and general elections
17 A. Purpose. Primary and general elections are held to elect persons to
18 Congress congress and to all the elective offices in this state, except the office of
19 presidential elector.
20 B. Nature. All (1) Except for the election of persons to congress, all
21 qualified voters of this state may vote on candidates for public office in primary and
22 general elections without regard to the voter's party affiliation or lack of it, and all
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1 candidates for public office who qualify for a primary or general election may be
2 voted on without regard to the candidate's party affiliation or lack of it.
3 (2) In the election of persons to congress, the following shall apply:
4 (a) In primary elections, recognized political parties shall make all
5 nominations of candidates by direct primary elections held under the provisions of
6 this Chapter. In primary elections, each qualified voter may vote only on the
7 candidates for public office who are affiliated with the same political party with
8 which the voter is affiliated. In primary elections, each qualified voter who is not
9 affiliated with a recognized political party may choose to vote in one recognized
10 political party's primary elections, except as otherwise provided by R.S. 18:1275.1.
11 (b) In general elections, each qualified voter of this state may vote for
12 candidates for public office without regard to the voter's party affiliation or lack
13 thereof, and all candidates for public office who qualify for a general election may
14 be voted on without regard to the candidates' party affiliation or lack thereof.
15 * * *
16 §402. Dates of primary and general elections
17 * * *
18 B. Congressional elections. Elections for members of congress and officers
19 elected at the same time as members of congress shall be held every two years,
20 beginning in 1982.
21 (1) Primary elections for members of congress and officers elected at the
22 same time as members of congress shall be held on the first Tuesday after the first
23 Monday in November Saturday in October of an election year.
24 (2) General elections for members of congress and officers elected at the
25 same time as members of congress shall be held on the fifth Saturday after the first
26 Tuesday after the first Monday in November of an election year.
27 * * *
28 E. Special elections to fill newly created office or vacancy in office. An
29 election to fill a newly created office or vacancy in an existing office, except the
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1 office of representative in congress, shall be held on the dates fixed by the
2 appropriate authority in the proclamation ordering a special election as follows:
3 (1) A special primary election shall be held on the first of the following days
4 that is after the date on which the proclamation calling the special primary election
5 was issued, provided that the proclamation was issued at least four weeks prior to the
6 opening of the qualifying period for the special primary election:
7 * * *
8 (b) The first Tuesday after the first Monday in November Saturday in
9 October, when the special general election is held on the fifth Saturday after the first
10 Tuesday after the first Monday in November.
11 * * *
12 (2) A special general election shall be held on one of the following days:
13 * * *
14 (b) The fifth Saturday after the first Tuesday after the first Monday in
15 November of even-numbered years.
16 * * *
17 F. Bond, tax, or other elections. Every bond, tax, or other election at which
18 a proposition or question is to be submitted to the voters shall be held only on one
19 of the following dates:
20 * * *
21 (2)(a) The first Tuesday after the first Monday in November Saturday in
22 October or the fifth Saturday after the first Tuesday after the first Monday in
23 November of even-numbered years.
24 (b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,
25 the fifth Saturday after the first Tuesday after the first Monday in November shall
26 not be applicable in a parish containing a municipality with a population of three
27 hundred thousand or more for an election relative to a parcel fee imposed within a
28 security or neighborhood improvement district. For purposes of this Subparagraph,
29 "security or neighborhood improvement district" means a special district one of the
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1 primary purposes of which is aiding in crime prevention and adding to the security
2 of district residents by providing for an increased presence of law enforcement
3 personnel in the district or otherwise promoting and encouraging security in the
4 district.
5 * * *
6 §467. Opening of qualifying period
7 The qualifying period for candidates in a primary election shall open:
8 * * *
9 (2) For candidates in a congressional primary election and those in any
10 special primary election to be held at the same time, on the third first Wednesday in
11 July of the year of the election.
12 * * *
13 §481. Candidates who qualify for a general election
14 The Except for candidates for United States senator or representative in
15 congress, the candidates who qualify for each office remaining to be filled in the
16 general election are those who received the two highest numbers of votes, the four
17 highest number of votes, and so on among those not elected in the primary election,
18 until the maximum number of candidates for each office on the general election
19 ballot is reached.
20 * * *
21 §511. Election of candidates in a primary election; exception, congressional
22 candidates
23 A. Majority vote. A candidate other than a candidate for United States
24 senator or representative in congress who receives a majority of the votes cast for an
25 office in a primary election is elected. If there are two or more offices of the same
26 character to be filled, the number of votes necessary to constitute a majority shall be
27 greater than the result obtained by dividing the total votes cast for all of the
28 candidates by the number of offices to be filled and dividing the result so obtained
29 by two. If more candidates receive a majority than there are offices to be filled,
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1 those of such candidates receiving the highest total of votes shall be elected, to the
2 number required to fill all of the offices. Any votes received by a withdrawn
3 candidate or a deceased candidate shall be void and shall not be counted for any
4 purpose whatsoever.
5 B. Election of unopposed candidates for public office. If, after the close of
6 the qualifying period for candidates in a primary election, other than a primary
7 election for United States senator or representative in congress, the number of
8 candidates for a public office does not exceed the number of persons to be elected
9 to the office, the candidates for that office, or those remaining after the withdrawal
10 of one or more candidates, are declared elected by the people, and their names shall
11 not appear on the ballot in either the primary or the general election.
12 * * *
13 §1272. United States senators; representatives in congress; time of electing
14 A. All primary and general elections for representatives in congress shall be
15 held on the fifth Saturday after the first Tuesday after the first Monday in November
16 in even-numbered years. The primary election shall be held on the first Tuesday
17 after the first Monday in November of an election year as provided in R.S.
18 18:402(B).
19 * * *
20 §1275.1. Purpose and nature of congressional primary and general elections
21 A. Nature of primary elections. All recognized political parties shall make
22 all nominations of candidates for United States senator or representative in congress
23 by direct primary elections held under the provisions of this Part and applicable
24 provisions of this Code. In congressional primary elections, each qualified voter of
25 this state may vote only on the candidates for public office who are affiliated with
26 the same political party with which the voter is affiliated. In congressional primary
27 elections, each qualified voter of this state who is not affiliated with a recognized
28 political party may choose to vote in a recognized political party's primary elections,
29 unless the state central committee of such political party in its rules and regulations
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1 prohibits unaffiliated voters from participating in its primary elections. If a
2 recognized political party prohibits unaffiliated voters from participating in its
3 primary elections, the state central committee of such party shall give written notice
4 to the secretary of state of such prohibition, including a copy of the rules and
5 regulations containing such prohibition, no later than January first of the year in
6 which regularly scheduled congressional elections are to be held, or no later than the
7 forty-sixth day prior to a special primary election. The notice, once filed with the
8 secretary of state, shall be effective until the recognized political party notifies the
9 secretary of state in writing of a change. Any such notice of a change shall be filed
10 with the secretary of state no later than January first of the year in which regularly
11 scheduled congressional elections are to be held, or no later than the forty-sixth day
12 prior to a special primary election. Should more than one recognized political party
13 not prohibit unaffiliated voters to participate in the primary, the participating voter
14 shall select only one party ballot to vote in the primary election.
15 B. Nature of congressional general elections. Each qualified voter of this
16 state may vote on candidates for United States senator and representative in congress
17 in general elections without regard to the voter's party affiliation or lack thereof, and
18 all candidates for such offices who qualify for a general election may be voted on
19 without regard to the candidates' party affiliation or lack thereof.
20 C. The provisions of this Code shall govern any matter related to
21 congressional elections not otherwise specifically provided for in this Part.
22 §1275.3. Manner of qualifying for the primary election
23 A. A person who desires to become a candidate in the primary election shall
24 qualify as provided in Part IV of Chapter 5 of this Code except as otherwise provided
25 in this Section.
26 B. A person who desires to become a candidate in the primary election must
27 be affiliated with a recognized political party. A person may qualify as a candidate
28 only in the primary election of the party with which he is affiliated as shown on his
29 voter registration.
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1 C. Candidates shall qualify for the primary election with the secretary of
2 state or a person in his office designated to receive qualifying papers.
3 D.(1) A notice of candidacy shall be in writing and shall state the candidate's
4 name; the office he seeks; the address of his domicile; the parish, ward, and precinct
5 where he is registered to vote; and the political party with which he is registered as
6 being affiliated.
7 (2) A notice of candidacy, accompanied either by the qualifying fee or by a
8 nominating petition, is filed timely only if received by the secretary of state during
9 the qualifying period for candidates in the primary election.
10 E.(1) A nominating petition shall be filed with the official with whom the
11 candidate qualifies and shall accompany the notice of candidacy.
12 (2) A person may only be nominated as a candidate in the primary election
13 by persons within the same political party who are registered to vote on the office he
14 seeks and who sign a nominating petition for him no more than one hundred twenty
15 days before the qualifying period opens for candidates in the primary election. In
16 addition to his signature, each voter who signs a nominating petition shall date his
17 signature and shall provide the ward and precinct in which he is registered to vote;
18 his residence address, including the municipal number, the apartment number, the
19 rural route and box number, or any other physical description that will identify his
20 actual place of residence; and his political party affiliation. Once a voter has signed
21 a nominating petition, he may not withdraw the nomination. The secretary of state
22 shall prepare forms which may be used by any person who seeks to be nominated by
23 nominating petition as a candidate for United States senator or representative in
24 congress. The secretary of state shall furnish copies of the forms to each clerk of
25 court, and the forms shall be available, upon request, at the office of the secretary of
26 state or at the office of the clerk of court. However, nothing in this Subsection shall
27 be construed to require nominating petitions to be filed only on forms prepared by
28 the secretary of state.
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1 (3) The registrar for each parish shall endorse upon the nominating petitions,
2 whether original or supplemental, the date and time of submission and shall promptly
3 certify the nominating petitions, in the order received, by determining and certifying
4 on each nominating petition which of the signers who provided a residence address
5 in the parish signed the nominating petition timely, are registered with the same
6 political party as the candidate, and are entitled to vote on the office the candidate
7 seeks. A supplemental nominating petition shall be certified in the order in which
8 it is received, without regard to the time when the original nominating petition for
9 that candidate was submitted. A registrar may stop certifying the signatures on a
10 nominating petition when the total number of the signers he has certified as having
11 signed the petition timely, being registered with the same political party as the
12 candidate, and being entitled to vote on the office the candidate seeks equals one
13 hundred fifteen percent of the number of qualified voters required to nominate the
14 candidate for the office he seeks. A registrar's certification shall be conclusive as to
15 the number of qualified voters who timely signed a nominating petition, and
16 evidence to the contrary shall not be admitted in an action objecting to the candidacy
17 of the candidate who filed the nominating petition.
18 §1275.5. Reopening of qualifying period; effect
19 A. When a person who qualified as a candidate in the primary election for
20 the office of senator or representative in congress dies after the close of the
21 qualifying period and before the time for closing the polls on the day of the primary
22 election, the qualifying period for candidates in the primary election for that office
23 shall reopen for the party of the candidate who died on the day after the death and
24 shall close at 5:00 p.m. on the third day after the death or, if that day is a legal
25 holiday, at 5:00 p.m. on the next day which is not a legal holiday. The name of the
26 deceased candidate shall not be printed on the primary election ballot. If the primary
27 election ballot was printed with the deceased candidate's name on it, any votes
28 received by the deceased candidate shall be void and shall not be counted for any
29 purpose whatsoever.
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1 B. When, at the close of the qualifying period, no candidate has qualified for
2 an office, the qualifying period shall be reopened, but only for the office for which
3 no candidates qualified, on the first Wednesday after the close of the qualifying
4 period and shall close at 5:00 p.m. on the Friday thereafter or, if that day is a legal
5 holiday, at 5:00 p.m. on the next day which is not a legal holiday.
6 C. Whenever the qualifying period is reopened as required by Subsections
7 A or B of this Section, the secretary of state shall cause notice of the reopening,
8 listing the dates and times the period shall run, to be published in the official journal
9 of the state.
10 D.(1) If the qualifying period for candidates reopens for any recognized
11 political party within thirty days before a primary election, all the votes cast in the
12 primary election for that public office shall be void, unless the qualifying period for
13 the office reopened and closed without additional candidates qualifying for the
14 office. If additional candidates qualify for the office and the votes for the primary
15 are void for that reason, the secretary of state shall immediately publish in the
16 official journal of the state a notice to the electorate that the election for that office
17 has been voided because new candidates qualified. Such notice shall include the
18 dates for the rescheduled primary and general elections.
19 (2) If all the votes cast in a primary election for a public office of United
20 States Senator or Representative in Congress are void because of the death of a
21 candidate, the primary election for the office shall be held on the date of the general
22 election, and the general election for the office shall be held on the fifth Saturday
23 after the primary election.
24 §1275.7. Selection of nominee by state central committee
25 A. The state central committee of a recognized political party may provide
26 for the selection of a nominee in either of the following situations:
27 (1) When a candidate withdraws after the close of the qualifying period and
28 before the time for closing the polls on the day of the primary election, thereby
29 leaving the recognized political party with no nominee.
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1 (2) When a candidate dies before the time for closing the polls on the day of
2 the primary election, thereby leaving the recognized political party with no nominee.
3 B. The state central committee shall provide a notarized notice of the
4 selection of such nominee to the secretary of state, which notice shall be delivered
5 to the secretary of state within ten days of the death or withdrawal or by 4:30 p.m.
6 on the third calendar day after the primary election, whichever occurs first.
7 §1275.9. Candidates who qualify for a general election
8 A. All nominations by recognized political parties for the general election
9 shall be in accordance with the provisions relative to primary elections.
10 B. If after the close of the qualifying period for candidates in a primary
11 election only one candidate qualifies for nomination by a recognized political party
12 for an office or only one candidate for nomination by a recognized political party for
13 an office remains after the withdrawal of one or more candidates prior to the time for
14 closing the polls on the day of the primary election, such candidate shall be declared
15 the nominee of the party and qualify for the general election. His name shall not
16 appear on the ballot in the primary election, but shall be on the ballot for the general
17 election. If the primary election ballot is printed with the name of a candidate who
18 withdrew on it, any votes received by a candidate who withdrew shall be void and
19 shall not be counted for any purpose whatsoever.
20 C. The candidate from a recognized political party who receives the highest
21 number of votes cast in the primary shall be the party nominee and qualify for the
22 general election.
23 D. A nominee selected in accordance with R.S. 18:1275.7 shall qualify for
24 the general election.
25 E. There shall be no second primary. In the case of a tie vote in the primary,
26 the party's nominee for the general election shall be selected by a public drawing of
27 lots conducted by the secretary of state.
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1 §1275.11. Number of candidates who may qualify for a general election
2 The number of candidates for an office who may qualify for the general
3 election by party nomination is one candidate from each recognized political party.
4 §1275.13. Candidates not affiliated with a recognized political party; qualifying for
5 the general election
6 A. Any person desiring to become a candidate in a general election who is
7 not registered as being affiliated with a recognized political party shall file his notice
8 of candidacy which shall be accompanied by either a ballot access petition or by the
9 qualifying fee required for state candidates as provided in R.S. 18:464. The number
10 of signatures required on a ballot access petition shall be the same as the number
11 required for candidates seeking nomination by a nominating petition for the same
12 office in the primary election.
13 B. The ballot access petition shall comply with all of the requirements of this
14 Code relative to nominating petitions except as otherwise specifically provided for
15 in this Part. No person affiliated with a recognized political party shall be eligible
16 to sign a ballot access petition.
17 C. The notice of candidacy shall comply with all of the requirements of this
18 Code relative to notice of candidacy except as otherwise specifically provided for in
19 this Part.
20 D. The time of qualifying and the official with whom a candidate qualifies
21 shall be in accordance with all of the provisions of this Code relative to qualifying
22 for a primary election except as otherwise specifically provided for in this Part.
23 §1275.15. Objecting to candidacy of person not affiliated with a recognized political
24 party
25 The provisions of this Code relative to objections to candidacy for candidates
26 in a primary election shall apply to an action objecting to the candidacy of a person
27 who qualified pursuant to R.S. 18:1275.13 in the same manner as if the person had
28 qualified for the primary election.
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1 §1275.17. Unopposed candidate; election
2 If, after the close of the qualifying period for candidates for the public office
3 of United States senator or representative in congress and, if applicable, after the
4 expiration of the time period for a recognized political party to select a nominee
5 pursuant to R.S. 18:1275.7 only one candidate qualifies for the primary election or
6 general election or only one candidate remains after the withdrawal of one or more
7 candidates, such candidate shall be declared elected by the people at the close of the
8 polls on the day of the general election, and his name shall not appear on the ballot
9 in the primary election, if applicable, or the general election.
10 §1275.19. Qualifications of voters
11 All persons who have registered to vote in this state prior to the time the
12 registration records are closed as required in R.S. 18:135 may vote in congressional
13 primary elections except as otherwise provided in R.S. 18:1275.1.
14 §1275.21. Prerequisites to voting
15 The provisions of R.S. 18:562 and 1309 shall be applicable to all
16 congressional primary elections and congressional general elections. Additionally,
17 any person who desires to vote in any primary election shall also give his party
18 affiliation, if any, to a commissioner, who shall announce the applicant's name,
19 address, and party affiliation, if any, to the persons at the polling place.
20 §1275.23. Ballots
21 A. Preparation. The secretary of state shall prepare and certify the absentee
22 ballots and the ballots to be used on the voting machines in the primary and general
23 elections in the manner provided in R.S. 18:551 except as provided in this Section.
24 B. Names and numbers of candidates. The names of the candidates in any
25 primary or general election shall be printed on the ballot as follows:
26 (1) In any primary election only the names of candidates who qualified for
27 election and were not subsequently disqualified by a judgment rendered in an action
28 objecting to candidacy or who were not unopposed shall be printed on the ballot.
29 The name of each candidate shall be printed on the ballot in the form designated by
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1 the candidate in his notice of candidacy on file with the secretary of state. The
2 parties shall be arranged alphabetically, and under such party affiliation, the names
3 of the candidates for each office shall be listed alphabetically by surname within
4 each party and printed below the title of the office and below the respective party
5 designation. The names of the candidates shall be numbered from first to last. Once
6 the secretary of state has assigned numbers to the candidates on the primary election
7 ballot, the numbers shall not be changed. If the qualifying period reopens because
8 of the death of a candidate, additional candidates who qualify for the primary
9 election shall be given the numbers following the number assigned to the last
10 candidate on the ballot. If two or more candidates have the same surname, the word
11 "Incumbent" shall be printed after the name of each candidate having the same
12 surname who is an incumbent and the residence address shall be printed after the
13 name of each candidate having the same surname who is not an incumbent.
14 (2) In a general election, only the names of the candidates who qualified for
15 election and who were not subsequently disqualified by a judgment rendered in an
16 action objecting to candidacy shall be printed on the ballot, and the names shall be
17 printed in the same form as they were printed on the ballot for the primary election.
18 The names of candidates who qualified pursuant to R.S. 18:1275.13 shall be as they
19 appear on the notice of candidacy. The names of the candidates for each office shall
20 be arranged alphabetically by surname, and shall be listed below the title of the
21 office. The political party designation of a candidate shall be listed on the ballot as
22 provided in R.S. 18:551(D). The names of the candidates shall be given the same
23 number assigned to them on the primary election ballot. Additional candidates who
24 qualify who were not on the primary election ballot shall be given the numbers
25 following the number assigned to the last candidate on the ballot for the primary
26 election.
27 * * *
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1 §1355. Construction and equipment of machines; requirements
2 Each voting machine used in an election shall be so constructed and equipped
3 as to:
4 * * *
5 (6) When used in a congressional primary election or primary election at
6 which members of a political party committee are to be voted on, allow election
7 officials to lock out all candidate counters except those of the party with which the
8 voter is affiliated or those of the party for which a voter unaffiliated with a
9 recognized political party may vote in accordance with law.
10 * * *
11 Section 2. This Act shall become effective upon signature by the governor or, if not
12signed by the governor, upon expiration of the time for bills to become law without signature
13by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
14vetoed by the governor and subsequently approved by the legislature, this Act shall become
15effective on the day following such approval.
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 1091 Original 2016 Regular Session Ivey
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.
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
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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 July of the year of the election. Proposed law changes the
opening of the qualifying period to the first Wednesday in July.
(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.
(5) 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
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.
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(6) 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.
(7)Proposed law provides for the nomination and election of unopposed candidates.
(8)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.
(9)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 may 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.
(10) 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.
(11) 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.
(12)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.
(13)Provides that the prerequisites to voting in the elections are the same as provided in
present law (R.S. 18:562 and 1309), 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.
(14)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)
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