HLS 17RS-1051 ORIGINAL
2017 Regular Session
HOUSE BILL NO. 339
BY REPRESENTATIVE DANAHAY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ELECTIONS: Provides relative to elections held to determine whether the sale of alcoholic
beverages will be conducted and licensed in an area
1 AN ACT
2To amend and reenact R.S. 26:587(C), relative to elections held to determine whether the
3 sale of alcoholic beverages will be conducted and licensed in an area; to provide
4 relative to procedures and requirements for conducting such elections; to provide for
5 the date of such elections; to provide relative to procedures for ordering an election;
6 to provide relative to a proposition ordering an election; to provide for notice of the
7 election; to provide deadlines; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 26:587(C) is hereby amended and reenacted to read as follows:
10 ยง587. Ordering of election; verification of registrar of voters; date of election
11 * * *
12 C. The date fixed for the election shall be the next date on which such an
13 election may be held, as provided for in R.S. 18:402(F), which falls more than forty-
14 five days after the date verification was filed with the governing authority by the
15 registrar of voters. Written notice of the election shall be transmitted to the secretary
16 of state and each clerk of court and registrar of voters in the area affected by the
17 election. If the election is to be held on a primary election date, then such notice
18 shall be received by the secretary of state at least four weeks prior to the opening of
19 the qualifying period for the primary election. If the election is not to be held on a
20 primary election date, then the notice shall be received by the secretary of state on
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-1051 ORIGINAL
HB NO. 339
1 or before the fifty-fourth day prior to the election. The secretary of state shall not
2 accept any revisions to propositions, including but not limited to changes in title,
3 text, or numerical designations, after the last day for submission of the notice to the
4 secretary of state.
5 Section 2. This Act shall become effective upon signature by the governor or, if not
6signed by the governor, upon expiration of the time for bills to become law without signature
7by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
8vetoed by the governor and subsequently approved by the legislature, this Act shall become
9effective 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 339 Original 2017 Regular Session Danahay
Abstract: Provides relative to elections held to determine whether the sale of alcoholic
beverages will be conducted and licensed in an area.
Present law (R.S. 26:581 et seq.) provides procedures and requirements for elections held
to determine whether the sale of alcoholic beverages will be conducted and licensed in an
area. Provides that upon petition of not less than 25% of the qualified electors residing in
any ward, election district, or any incorporated municipality, the governing authority shall
order a referendum election to be held to determine whether or not the business of selling
alcoholic beverages shall be conducted and licensed therein. Provides for the form of the
petition and requires the registrar of voters to file a verification of the petition with the
governing authority responsible for calling the election.
Present law (R.S. 26:587) provides that if the petition conforms to all the provisions of
present law (R.S. 26:581 et seq.), the governing authority shall order the election. Requires
the ordinance or resolution of the governing authority ordering the election to be adopted at
the next meeting held after the verification was filed with the governing authority by the
registrar of voters. Provides that the date fixed for the election shall be the next date on
which such an election may be held, as provided for in present law (R.S. 18:402(F)).
Proposed law retains present law
Present law provides additionally that the date on which the election is to be held must be
more than 45 days after the date verification was filed with the governing authority by the
registrar of voters.
Proposed law repeals present law. Provides that written notice of the election shall be
transmitted to the secretary of state and each clerk of court and registrar of voters in the area
affected by the election. Provides that if the election is to be held on a primary election date,
then such notice shall be received by the secretary of state at least four weeks prior to the
opening of the qualifying period for the primary election. Provides that if the election is not
to be held on a primary election date, then the notice shall be received by the secretary of
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-1051 ORIGINAL
HB NO. 339
state on or before the 54th day prior to the election. Provides further that the secretary of
state shall not accept any revisions to propositions, including but not limited to changes in
title, text, or numerical designations, after the last day for submission of the notice to the
secretary of state.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 26:587(C))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.