SLS 16RS-117 ORIGINAL
2016 Regular Session
SENATE BILL NO. 76
BY SENATOR GATTI
CIVIL SERVICE. Constitutional amendment to remove prohibition against civil servants
being able to participate or engage in political activities. (2/3-CA13s1(A))
1 A JOINT RESOLUTION
2 Proposing to amend Article X, Section 9 and Section 47, and to repeal Article X, Section 20
3 of the Constitution of Louisiana, relative to permissible political activity for civil
4 service employees; to provide for political activities; and to specify an election for
5 submission of the proposition to electors and provide a ballot proposition; and to
6 provide for related matters.
7 Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members
8 elected to each house concurring, that there shall be submitted to the electors of the state, for
9 their approval or rejection in the manner provided by law, a proposal to amend Article X,
10 Section 9 and Section 47 of the Constitution of Louisiana, to read as follows:
11 §9. Prohibitions Against Political Activities
12 Section 9.(A) Party Membership; Elections. No member of a civil service
13 commission and no officer or employee in the classified service shall participate or
14 engage in political activity; be a candidate for nomination or election to public office
15 except to seek election as the classified state employee serving on the State Civil
16 Service Commission; or be a member of any national, state, or local committee of
17 a political party or faction make or solicit contributions for any political party,
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 76
SLS 16RS-117 ORIGINAL
1 faction, or candidate; or take active part in the management of the affairs of a
2 political party, faction, candidate, or any political campaign, except to exercise his
3 right as a citizen to express his opinion privately, to serve as a commissioner or
4 official watcher at the polls, and to cast his vote as he desires.
5 (B) Contributions. No person shall solicit contributions for political purposes
6 from any classified employee or official or use or attempt to use his position in the
7 state or city service to punish or coerce the political action of a classified employee.
8 (C) Political Activity Defined. As used in this Part, "political activity" means
9 an effort to support or oppose the election of a candidate for political office or to
10 support a particular political party in an election. The support of issues involving
11 bonded indebtedness, tax referenda, or constitutional amendments shall not be
12 prohibited.
13 * * *
14 §47. Prohibitions Against Political Activities
15 Section 47.(A) Party Membership; Elections. No member of the commission
16 and no state police officer in the classified service shall participate or engage in
17 political activity; be a candidate for nomination or election to public office except
18 to seek election as the classified state police officer serving on the State Police
19 Commission; or be a member of any national, state, or local committee of a political
20 party or faction; make or solicit contributions for any political party, faction, or
21 candidate; or take active part in the management of the affairs of a political party,
22 faction, candidate, or any political campaign, except to exercise his right as a citizen
23 to express his opinion privately, to serve as a commissioner or official watcher at the
24 polls, and to cast his vote as he desires.
25 (B) Contributions. No person shall solicit contributions for political
26 purposes from any classified state police officer or use or attempt to use his position
27 to punish or coerce the political action of a classified state police officer.
28 (C) Political Activity Defined. As used in this Part, "political activity"
29 means an effort to support or oppose the election of a candidate for political office
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 76
SLS 16RS-117 ORIGINAL
1 or to support a particular political party in an election. The support or opposition of
2 a candidate seeking election as the classified state police officer member of the State
3 Police Commission, issues involving bonded indebtedness, tax referenda, or
4 constitutional amendments shall not be prohibited.
5 Section 2. Be it resolved by the Legislature of Louisiana, two-thirds of the members
6 elected to each house concurring, that there shall be submitted to the electors of the state of
7 Louisiana, for their approval or rejection in the manner provided by law, a proposal to repeal
8 Article X, Section 20 of the Constitution.
9 Section 3. Be it further resolved that this proposed amendment shall be submitted
10 to the electors of the state of Louisiana at the statewide election to be held on November 8,
11 2016.
12 Section 4. Be it further resolved that on the official ballot to be used at said election
13 there shall be printed a proposition, upon which the electors of the state shall be permitted
14 to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as
15 follows:
16 Do you support an amendment to remove the prohibition against civil service
17 employees participating in political activities as defined in the Louisiana
18 State Constitution which would allow civil service employees to participate
19 in certain political activities?
20 (Amends Article X, Sections (9) and (47); Repeals Article X, Section (20))
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by J. Ashley Mitchell Carter.
DIGEST
SB 76 Original 2016 Regular Session Gatti
Present law prohibits civil service employees from participating in any political activity as
specified by the Louisiana Constitution.
Proposed constitutional amendment removes provisions prohibiting civil service employees
from participating in all political activity and allows them to participate in a political party
or faction, campaigns, and to solicit and make contributions to a candidate.
Specifies submission of the amendment to the voters at the statewide election to be held on
November 8, 2016.
(Amends Const. Art. X, Sec. 9; repeals Const. Art. X, Sec 20)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.