ENROLLED
ACT No. 640
2024 Regular Session
HOUSE BILL NO. 873
BY REPRESENTATIVE EMERSON
1 AN ACT
2 To amend and reenact R.S. 18:44(A) and (B)(5)(b), 58(B)(2), 192(A)(1)(a), 402, 410.6,
3 410.7(A) and (C), 410.10, 453(A), 467, 1285(B)(1)(a), 1309(M)(1)(a), 1401(B),
4 1406(B), 1407, 1409(B)(1) and (2), 1432(A)(1), 1483(8), 1491.6(B)(1), (2), and (4)
5 and (C)(introductory paragraph), 1495.4(B)(1), (2), and (4) and (C)(introductory
6 paragraph), 1501.1(C)(introductory paragraph), 1505.2(H)(3)(a), and Section 2 of
7 Act No. 1 of the 2024 First Extraordinary Session of the Legislature, to enact R.S.
8 18:1483(3)(a)(iii), (21), and (22), and to repeal R.S. 18:467.1, relative to elections;
9 to provide for dates for elections and qualifying; to change the timing of the annual
10 canvass of voters; to provide for notice of the days of early voting at additional
11 locations; to provide for election contests and related procedures; to provide relative
12 to prohibited dual candidacy; to provide relative to the death of candidates; to
13 provide relative to qualifying; to provide for the duties of the Louisiana State Law
14 Institute relative thereto; to provide for definitions; to provide relative to campaign
15 finance contributions limitations and reporting requirements; to change the effective
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1 date of Act No. 1 of the 2024 First Extraordinary Session of the Legislature; to
2 provide for effectiveness; and to provide for related matters.
3 Be it enacted by the Legislature of Louisiana:
4 Section 1. R.S. 18:44(A) and (B)(5)(b), 58(B)(2), 192(A)(1)(a), 402, 410.6, 410.7(A)
5 and (C), 410.10, 453(A), 467, 1285(B)(1)(a), 1309(M)(1)(a), 1401(B), 1406(B), 1407,
6 1409(B)(1) and (2), 1432(A)(1), 1483(8), 1491.6(B)(1), (2), and (4) and (C)(introductory
7 paragraph), 1495.4(B)(1), (2), and (4) and (C)(introductory paragraph),
8 1501.1(C)(introductory paragraph), 1505.2(H)(3)(a) are hereby amended and reenacted and
9 R.S. 18:1483(3)(a)(iii), (21), and (22) are hereby enacted to read as follows:
10 §44. Contesting election; referral for prosecution
11 A. Whenever the board determines as a result of an investigation that
12 violations of law, irregularities, error, or fraud have occurred in the conduct of an
13 election which in the judgment of the board has resulted in the apparent qualification
14 for the second party primary or the general election or the apparent election of a
15 candidate not entitled to be so qualified or elected, the board, upon the favorable vote
16 of three members, may institute suit to contest the election in order to protect the
17 interest and rights of the state in fair and honest elections. In addition, for the same
18 cause and upon the same vote, the board may intervene in any suit instituted by any
19 other party to contest an election.
20 B. In any suit instituted by the board to contest an election, the provisions
21 of Chapter 9 of this Title shall apply, except that:
22 * * *
23 (5) The petition shall contain, but shall not be limited to, the following:
24 * * *
25 (b) The allegation that except for substantial irregularities or error, fraud, or
26 other unlawful activities in the conduct of the election, a different candidate would
27 have qualified for the second party primary or a general election or would have been
28 elected.
29 * * *
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1 §58. Powers and duties of registrars
2 * * *
3 B.
4 * * *
5 (2) The registrar shall assign voters in the state voter registration computer
6 system according to each voting district in the parish from which an election is to be
7 conducted. For a primary election, the assignment of voters shall be completed on
8 or before the fifth business day prior to the opening of qualifying for the primary
9 election. For a general election, the assignment of voters shall be completed on or
10 before the fifty-first fifty-eighth day prior to the general election.
11 * * *
12 §192. Annual canvass; costs
13 A.(1)(a) No later than June thirtieth July thirty-first in each parish, the
14 registrar of voters shall annually canvass the names of the registrants in all precincts
15 in the parish. Failure of the registrar to conduct an annual canvass as provided in this
16 Paragraph shall constitute willful misconduct relating to his official duty for the
17 purposes of R.S. 18:53. The Department of State shall use the United States Postal
18 Service or its licensee to verify the names and addresses of the registrants in all
19 precincts in the state. A verification by the United States Postal Service or its
20 licensee shall constitute a valid canvass of the registered voter.
21 * * *
22 §402. Dates of primary and general elections; prohibited election days
23 A. Gubernatorial elections. Elections for governor and officers elected at the
24 same time as the governor shall be held every four years, beginning in 1983.
25 (1) Gubernatorial primary elections shall be held on the third to last Saturday
26 in October of an election year.
27 (2) Gubernatorial general elections shall be held on the fifth Saturday after
28 the third to last Saturday in October of an election year.
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1 B. Congressional elections. Elections for members of congress and officers
2 elected at the same time as members of congress shall be held every two years,
3 beginning in 1982.
4 (1) Primary elections for members of congress and officers elected at the
5 same time as members of congress shall be held on the first Tuesday after the first
6 Monday in November of an election year.
7 (2) General elections for members of congress and officers elected at the
8 same time as members of congress shall be held on the fifth Saturday after the first
9 Tuesday after the first Monday in November of an election year.
10 C. Municipal and ward elections. In all municipalities with a population of
11 less than three hundred thousand, elections for municipal and ward officers who are
12 not elected at the same time as the governor or members of congress shall be held
13 every four years.
14 (1) Primary elections for municipal and ward officers who are not elected at
15 the same time as the governor or members of congress shall be held on the last
16 Saturday in March of an election year.
17 (2) General elections for municipal and ward officers who are not elected at
18 the same time as the governor or members of congress shall be held on the fifth
19 Saturday after the last Saturday in March of an election year.
20 D. Parochial and municipal elections in a parish containing a municipality
21 with a population of three hundred thousand or more. Elections for parochial and
22 municipal officers in a parish containing a municipality with a population of three
23 hundred thousand or more shall be held every four years, beginning in 2017, as
24 follows:
25 (1) Primary elections for parochial and municipal officers shall be held on
26 the second Saturday in October of an election year.
27 (2) General elections for parochial and municipal officers shall be held on
28 the fifth Saturday after the second Saturday in October of an election year.
29 E. Special elections to fill newly created office or vacancy in office. An
30 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 (a) The third to last Saturday in October, when the special general election
8 is held on the fifth Saturday after the third to last Saturday in October.
9 (b) The first Tuesday after the first Monday in November, when the special
10 general election is held on the fifth Saturday after the first Tuesday after the first
11 Monday in November.
12 (c) The last Saturday in March, when the special general election is held on
13 the fifth Saturday after the last Saturday in March.
14 (d) The second Saturday in October, when the special general election is held
15 on the fifth Saturday after the second Saturday in October of 1985 and every fourth
16 year thereafter.
17 (e) The second Saturday in October of an election year for parish and
18 municipal officers in a parish containing a municipality with a population of three
19 hundred thousand or more.
20 (2) A special general election shall be held on one of the following days:
21 (a) The fifth Saturday after the third to last Saturday in October of 1983 and
22 every fourth year thereafter.
23 (b) The fifth Saturday after the first Tuesday after the first Monday in
24 November of even-numbered years.
25 (c) The fifth Saturday after the last Saturday in March of any year.
26 (d) The fifth Saturday after the second Saturday in October of 1985 and
27 every fourth year thereafter.
28 (e) The fifth Saturday after the second Saturday in October in a parish
29 containing a municipality with a population of three hundred thousand or more,
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1 when the special primary election in such parish and municipality is held on the
2 second Saturday in October of an election year for parish and municipal officers.
3 (3) The secretary of state shall not include the name of any candidate on any
4 ballot for a special election to fill a vacancy in any office to which this Subsection
5 is applicable unless such special election has been called in accordance with the
6 provisions of this Subsection and scheduled on one of the dates provided herein.
7 Any elector who is eligible to vote in any such special election may apply for
8 injunctive relief to prohibit the placing of the name of any candidate in an
9 improperly called election on the ballot. Venue for such application shall be in any
10 parish in which the election is called, and the secretary of state shall be the proper
11 party defendant.
12 F. Bond, tax, or other elections. Every bond, tax, or other election at which
13 a proposition or question is to be submitted to the voters shall be held only on one
14 of the following dates:
15 (1) The third to last Saturday in October or the fifth Saturday after the third
16 to last Saturday in October of 1983 and every fourth year thereafter.
17 (2)(a) The first Tuesday after the first Monday in November or the fifth
18 Saturday after the first Tuesday after the first Monday in November of
19 even-numbered years.
20 (b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,
21 the fifth Saturday after the first Tuesday after the first Monday in November shall
22 not be applicable in a parish containing a municipality with a population of three
23 hundred thousand or more for an election relative to a parcel fee imposed within a
24 security or neighborhood improvement district. For purposes of this Subparagraph,
25 "security or neighborhood improvement district" means a special district one of the
26 primary purposes of which is aiding in crime prevention and adding to the security
27 of district residents by providing for an increased presence of law enforcement
28 personnel in the district or otherwise promoting and encouraging security in the
29 district.
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1 (3) The last Saturday in March or the fifth Saturday after the last Saturday
2 in March of any year.
3 (4) The second Saturday in October or the fifth Saturday after the second
4 Saturday in October of 1985 and every fourth year thereafter.
5 (6) For a parish containing a municipality with a population of three hundred
6 thousand or more, the second Saturday in October or the fifth Saturday after the
7 second Saturday in October in 2017 and every fourth year thereafter.
8 G. Prohibited days. (1)
9 A. Prohibited election days. (1) No election of any kind shall be held in this
10 state on any of the days of Rosh Hashana Hashanah, Yom Kippur, Sukkot, Shemini
11 Atzeret, Simchat Torah, the first two days and the last two days of Passover,
12 Shavuot, Tish'a B'Av, the two days preceding Labor Day or the three days preceding
13 Easter. If the date of any fall election falls on any of the above-named days, the
14 election shall be held on the same weekday of the preceding week. If the date of any
15 spring election falls on any of the above-named days, the election shall be held on
16 the same weekday of the following week.
17 (2)(a)(i) If the date for the fall primary election is advanced in accordance
18 with the provisions of Paragraph (1) of this Subsection, the general election shall be
19 advanced the same number of weeks as the primary election.
20 (3) If the date for the spring primary election is postponed in accordance
21 with the provisions of Paragraph (1) of this Subsection, the spring general election,
22 and if applicable, the second party primary election held at the same time, shall be
23 postponed the same number of weeks as the primary election.
24 (b) (4) If the date for the fall general election is advanced in accordance with
25 the provisions of Paragraph (1) of this Subsection, the fall primary election and, if
26 applicable, the general election for party primary office held at the same time shall
27 be advanced the same number of weeks as the fall general election.
28 B. Election dates in gubernatorial election years.
29 (1) Spring elections. (a) There shall be a spring primary election held on the
30 third Saturday in April for municipal and ward officers elected in the spring of a
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1 gubernatorial election year and for candidates in a party primary election for a party
2 primary office to be elected at the gubernatorial election.
3 (b) There shall be a spring election held on the sixth Saturday after the third
4 Saturday in April which shall be a general election for municipal and ward officers
5 elected in the spring of a gubernatorial election year and if necessary, a second party
6 primary for candidates in a party primary election for a party primary office to be
7 elected at the gubernatorial election.
8 (2) Fall elections. (a) There shall be a fall primary election held on the third
9 to last Saturday in October of a gubernatorial election year for governor and officers
10 elected at the same time as the governor. This election date shall also serve as the
11 general election date for party primary office to be elected at the gubernatorial
12 election.
13 (b) There shall be a fall general election held on the sixth Saturday after the
14 third to last Saturday in October of a gubernatorial election year.
15 C. Election dates in congressional election years.
16 (1) Spring elections. (a) There shall be a spring primary election held on the
17 third Saturday in April for municipal and ward officers elected in the spring of a non-
18 presidential congressional election year and for candidates in a party primary
19 election for a party primary office to be elected in that year.
20 (b) In the spring of a nonpresidential congressional election year, there shall
21 be an election held on the sixth Saturday after the third Saturday in April which shall
22 be a general election for municipal and ward officers and if necessary, a second party
23 primary for candidates in a party primary election for a party primary office to be
24 elected that year.
25 (c) In the spring of a presidential and congressional election year there shall
26 be a spring primary election held on the last Saturday in March for municipal and
27 ward officers and for candidates in a party primary election for a party primary office
28 to be elected in that year.
29 (d) In the spring of a presidential and congressional election year, there shall
30 be an election held on the sixth Saturday after the last Saturday in March for
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1 municipal and ward officers elected and for candidates in a party primary election
2 for a party primary office to be elected in that year.
3 (2) Fall elections. (a) There shall be a fall primary election held on the first
4 Tuesday after the first Monday in November for officers elected at the same time as
5 members of congress in that year. This election date shall also serve as the general
6 election date for a party primary office to be elected in a congressional election year.
7 (b) There shall be a fall general election held on the sixth Saturday after the
8 first Tuesday after the first Monday in November of a congressional election year.
9 D. Odd-numbered year election dates in a nongubernatorial election year.
10 (1) Spring elections. (a) There shall be a spring primary election held on the
11 third Saturday in April for municipal and ward officers elected in the spring of a
12 nongubernatorial election year.
13 (b) There shall be a spring election held on the sixth Saturday after the third
14 Saturday in April which shall be a general election for municipal and ward officers
15 elected in the spring of a nongubernatorial election year.
16 (2) Fall elections. (a) There shall be a fall primary election held on the
17 second Saturday in October for parochial and municipal officers in a parish
18 containing a municipality with a population of three hundred thousand or more.
19 (b) There shall be a fall general election held on the sixth Saturday after the
20 second Saturday in October of an election year.
21 E.(1) Special elections to fill newly created offices or vacancies in office
22 shall be held on dates fixed by the appropriate authority in the proclamation issued
23 in accordance with law. For an election to fill a vacancy, the dates fixed in the
24 proclamation shall be limited to the dates for primary elections and general elections
25 established in Subsections B, C, and D of this Section. Except as otherwise provided
26 by law, a special primary election shall be held on the first of the election dates
27 established in this Section that is after the date on which the proclamation calling the
28 special primary election is issued, provided that the proclamation is issued at least
29 four weeks prior to the opening of the qualifying period for the special primary
30 election. The authority issuing the proclamation shall consult with the secretary of
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1 state in the establishment of a qualifying period and election dates for special
2 elections.
3 (2) Except for the office of representative in congress, the secretary of state
4 shall not include the name of any candidate on any ballot for a special election to fill
5 a vacancy in any office to which this Subsection is applicable unless such special
6 election has been called in accordance with the provisions of this Subsection and
7 scheduled on one of the dates provided herein. Any elector who is eligible to vote
8 in any such special election may apply for injunctive relief to prohibit the placing of
9 the name of any candidate in an improperly called election on the ballot. Venue for
10 such application shall be in any parish in which the election is called, and the
11 secretary of state shall be the proper party defendant.
12 F. Every bond, tax, or other election at which a proposition or question is to
13 be submitted to the voters shall be held only on an election date established in
14 Subsections B, C, and D of this Section. However, the sixth Saturday after the first
15 Tuesday after the first Monday in November of any congressional election year shall
16 not be applicable in a parish containing a municipality with a population of three
17 hundred thousand or more for an election relative to a parcel fee imposed within a
18 security or neighborhood improvement district. For purposes of this Subsection,
19 "security or neighborhood improvement district" means a special district one of the
20 primary purposes of which is aiding in crime prevention and adding to the security
21 of district residents by providing for an increased presence of law enforcement
22 personnel in the district or otherwise promoting and encouraging security in the
23 district.
24 G.(1) For purposes of Article XIII, Section 1 of the Constitution of
25 Louisiana, the fall election dates established in Subsections B and C of this Section
26 shall be the regularly scheduled statewide elections.
27 (2) The fall election dates established in Subsection B of this Section shall
28 be the gubernatorial election dates.
29 (3) The fall election dates established in Subsection C of this Section shall
30 be the congressional election dates.
31 * * *
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1 §410.6. Death of a candidate; procedure; selection of party nominee
2 A. When a person who qualified as a candidate in a party primary election
3 for the office of to be the party nominee for a party primary office dies after the close
4 of the qualifying period and before the time for closing the polls on the day of that
5 party primary election, the name of the deceased candidate shall not be printed on
6 the party primary election ballot. If the party primary election ballot was printed
7 with the deceased candidate's name on it, any votes received by the deceased
8 candidate shall be void and shall not be counted for any purpose whatsoever.
9 B.(1) If as the result of the death of a candidate in a party primary election
10 a recognized political party has no party nominee qualified for the general election,
11 the recognized political party shall select, in the manner provided in its bylaws, the
12 party nominee who shall meet all of the qualifications for the party primary office.
13 (2) The chairman of the state central committee of the recognized political
14 party shall transmit an attestation to the secretary of state containing the name of the
15 party nominee, the signature of the chairman of the state central committee, the
16 signature of the party nominee, and any other information required by the form of
17 the attestation prescribed by the secretary of state. The attestation shall be filed as
18 soon as possible after the death of the party's candidate, but no later than noon on the
19 seventh day prior to the general election day. If the attestation is received no later
20 than 4:30 p.m. on the seventh day after the close of the qualifying period for
21 nonparty primary offices for the fall primary election, the secretary of state shall
22 print the name of the selected party nominee on the ballot. If the attestation is filed
23 in accordance with this Paragraph, but the name of the selected party nominee is not
24 placed on the ballot, there shall be a notice regarding the selected party nominee
25 posted at each polling place and on the website of the secretary of state. If the
26 selected party nominee's name is not placed on the ballot, all votes cast for the party's
27 deceased candidate shall be attributed to the party nominee.
28 (3) If the party nominee dies after noon on the seventh day prior to general
29 election day, there shall be no selected party nominee and no attestation shall be filed
30 with or accepted by the secretary of state. All votes cast for the deceased party
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1 nominee shall be counted and if the deceased party nominee obtains the most votes
2 cast for the party primary office in the general election, a vacancy in the party
3 primary office shall be declared.
4 §410.7. Party candidates who qualify for a general election
5 A. The candidate who receives the majority of votes in the party primary
6 qualifies for the general election as the party's nominee for the office. All candidate
7 nominations for a party primary office by recognized political parties for the general
8 election shall be made in this manner, except as otherwise provided in R.S.
9 18:410.6(B).
10 * * *
11 C. There shall be no third party primary. In the case of a tie vote in the
12 second party primary of a recognized political party, none of the candidates qualify
13 as the party nominee for the general election and the party nominee shall be selected
14 by a public drawing of lots conducted by the State Board of Election Supervisors
15 from among the candidates who received the highest number of votes in the second
16 party primary election. The public drawing of lots shall be conducted at the state
17 capitol on a day and at a time fixed by the board within one week after the results of
18 the election become official. The candidates involved shall be given at least three
19 days' written notice of the time and place of the public drawing of lots. For any
20 situation not specifically provided for in this Section, the state central committee of
21 the recognized political party involved shall provide for the selection of a nominee
22 from the candidates and shall provide notice of the selection of a nominee to the
23 secretary of state no later than five business days after the second party primary
24 election.
25 * * *
26 §410.10. Party primary elections
27 Party primary elections shall be held in March of an election year on the
28 spring election dates established in R.S. 18:402.
29 * * *
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1 §453. Dual candidacy
2 A. General prohibitions.(1) A person shall not become a candidate in a
3 primary or general election for more than one office unless one of the offices is
4 membership on a political party committee, nor shall a person be a candidate at the
5 same time for two or more different offices to be filled at separate elections.
6 (2) A person shall not become a candidate for more than one office if the
7 general election date for the office sought is to be held on the same date as the other
8 office's primary election date unless one of the offices is membership on a political
9 party committee.
10 * * *
11 §467. Opening of qualifying period
12 A. Except as otherwise provided in Part I-A of this Chapter, the qualifying
13 period for candidates in a primary election shall open:
14 (1) For candidates in a gubernatorial fall primary election in a gubernatorial
15 election year and those in any special primary election to be held at the same time,
16 on the first Tuesday after the first Monday in August of the year of the election.
17 (2) For candidates in a congressional fall primary election in a congressional
18 election year and those in any special primary election to be held at the same time,
19 on the third last Wednesday in July of the year of the election.
20 (3) For candidates in a spring primary election for municipal and ward
21 officers who are not elected at the same time as the governor or members of congress
22 in municipalities with a population of less than three hundred thousand in a
23 gubernatorial election year, for all candidates for a party primary office to be elected
24 that year, and those in any special primary election to be held at the same time, on
25 the last second Wednesday in January of the year of the election, unless the primary
26 election is held in a presidential election year; in such case, the qualifying period for
27 candidates in the primary election shall open on the third Wednesday in December
28 of the year prior to the election.
29 (4) For candidates in a nongubernatorial, odd-numbered year fall primary
30 election for parochial and municipal officers in a parish containing a municipality
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1 with a population of three hundred thousand or more and in which the municipal and
2 parochial elections are those in any special primary election to be held at the same
3 time, on the second Wednesday in July in the year of the election.
4 (5) For candidates in a spring primary election in a presidential election year
5 and for candidates in a presidential primary election, for all candidates for a party
6 primary office to be elected that year, and those in any special primary election to
7 be held at the same time, the qualifying period shall open on the third Wednesday in
8 December.
9 (6) For candidates in a spring primary election held on the second Saturday
10 in October of 1981 and every fourth year thereafter, on the second Wednesday in
11 July of the year of the election in a nonpresidential congressional election year, for
12 all candidates for a party primary office to be elected that year, and those in any
13 special primary election to be held at the same time, on the second Wednesday in
14 January of the year of the election.
15 (7) For candidates in a spring primary election held in a nongubernatorial,
16 odd-numbered election year, for all candidates for a party primary office to be
17 elected that year, and those in any special primary election to be held at the same
18 time, on the second Wednesday in January of the year of the election.
19 B. The qualifying period for candidates qualifying for the general election
20 for a party primary office in the manner provided in R.S. 18:410.8 shall be the
21 qualifying period for candidates qualifying for a party primary office as provided
22 Subsection A of this Section.
23 * * *
24 §1285. Notice of election
25 * * *
26 B.(1)(a) Written notice of the election and the certificate required by
27 Subparagraph (b) of this Paragraph shall be transmitted to the secretary of state and
28 each clerk of court and registrar of voters in the area affected by the election. If the
29 election is to be held on a primary election date, then such notice and certificate shall
30 be received by the secretary of state at least four weeks prior to the opening of the
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1 qualifying period for the primary election. If the election is not to be held on a
2 primary election date, then the notice and certificate shall be received by the
3 secretary of state on or before the fifty-fourth sixty-first day prior to the election.
4 The secretary of state shall not accept any revisions to propositions, including but not
5 limited to changes in title, text, or numerical designations, after the last day for
6 submission of the notice and certificate to the secretary of state, unless prior to the
7 printing of the ballots the revision will correct a typographical error and the revision
8 has been approved by the governing authority that called the proposition election.
9 * * *
10 §1309. Early voting; verification
11 * * *
12 M.(1)(a) In a parish where early voting is conducted at an additional location
13 pursuant to R.S. 18:1309.2, the registrar may fix the days during which early voting
14 shall be conducted at the additional location during the early voting period, with the
15 approval of the secretary of state, at least thirty days prior to a primary election and
16 twenty-one thirty days prior to a general election.
17 * * *
18 §1401. Objections to candidacy, contests of elections, contests of certification of
19 recall petition; parties authorized to institute actions
20 * * *
21 B. A candidate who alleges that, except for substantial irregularities or error,
22 or except for fraud or other unlawful activities in the conduct of the election, he
23 would have qualified for a second party primary or general election or would have
24 been elected may bring an action contesting the election.
25 * * *
26 §1406. Petition; answer; notification
27 * * *
28 B. The petition shall set forth in specific detail the facts upon which the
29 objection or contest is based. If the action contests an election involving election to
30 office, the petition shall allege that except for substantial irregularities or error, fraud,
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1 or other unlawful activities in the conduct of the election, the petitioner would have
2 qualified for a second party primary or general election or would have been elected.
3 If the action contests an election involving the recall of a public officer, the petition
4 shall allege that except for substantial irregularities or error, fraud, or other unlawful
5 activities in the conduct of the election, the petitioner would not have been recalled.
6 The trial judge may allow the filing of amended pleadings for good cause shown and
7 in the interest of justice.
8 * * *
9 §1407. Appointment of agent for service of process
10 By filing notice of candidacy a candidate appoints the clerk of court for each
11 parish in which he is to be voted on as his agent for service of process in any action
12 objecting to his candidacy, contesting his qualification as a candidate in a second
13 party primary or general election, or contesting his election to office.
14 * * *
15 §1409. Trial; decision; appeal
16 * * *
17 B.(1) If the action involves the contest of a primary election for a major
18 office, the trial judge, for good cause shown, may postpone the date of the second
19 party primary or general election for the office as to which the contest was filed for
20 a period not to exceed five weeks.
21 (2) Whenever the trial of an action contesting a primary election for a major
22 office, extends past 5:00 p.m. on the fourteenth day after the day of the election, the
23 trial judge shall order the second party primary or general election for the affected
24 office postponed to a Saturday specified by him which is at least thirty days after the
25 date on which the trial court renders judgment.
26 * * *
27 §1432. Remedies
28 A.(1) If the trial judge in an action contesting an election determines that: it
29 is impossible to determine the result of election, or the number of qualified voters
30 who were denied the right to vote by the election officials was sufficient to change
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1 the result in the election, if they had been allowed to vote, or the number of
2 unqualified voters who were allowed to vote by the election officials was sufficient
3 to change the result of the election if they had not been allowed to vote, or a
4 combination of these factors would have been sufficient to change the result had they
5 not occurred, the judge may render a final judgment declaring the election void and
6 ordering a new party primary, primary, or general election for all the candidates, or,
7 if the judge determines that the appropriate remedy is the calling of a restricted
8 election, the judge may render a final judgment ordering a restricted election,
9 specifying the date of the election, the appropriate candidates for the election, the
10 office or other position for which the election shall be held, and indicating which
11 voters will be eligible to vote.
12 * * *
13 §1483. Definitions
14 As used in this Chapter, the following terms shall have the meanings given
15 to each in this Section unless the context clearly indicates otherwise:
16 * * *
17 (3)(a) "Candidate" means a person who seeks nomination or election to
18 public office, except the office of president or vice president of the United States,
19 presidential elector, delegate to a political party convention, United States senator,
20 United States congressman, or political party office. An individual shall be deemed
21 to seek nomination or election to such office if he has:
22 * * *
23 (iii) Been selected as a party nominee in accordance with R.S. 18:410.6.
24 * * *
25 (8) "Election" means any party primary, primary, general, or special election
26 or other election held, pursuant to the laws of this state or a parish or municipal
27 charter or ordinance or a court order, to choose a public officer or nominee. For
28 purposes of this Chapter, a primary election and a general election for a particular
29 office shall constitute one election. For purposes of the reporting requirements for
30 the support or opposition of a proposition or question submitted to the voters,
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1 "election" shall also mean any primary, general, or special election, except local
2 option elections held pursuant to the provisions of Chapter 3 of Title 26 of the
3 Louisiana Revised Statutes of 1950, at which a proposition or question is submitted
4 to the voters in accordance with Chapters 6-A, 6-B, and 6-C of this Code.
5 * * *
6 (21) "Primary election" means any type of primary election, including a
7 party primary election and a second party primary election.
8 (22) "Nonparty primary candidate" means a candidate for a party primary
9 office who qualified for the general election for a party primary office in the manner
10 provided by R.S. 18:410.8.
11 * * *
12 §1491.6. Reports required; reporting times and periods
13 * * *
14 B. A report shall be filed for a political committee for each regularly
15 scheduled election in which the committee participates according to the following
16 schedule:
17 (1) Each committee which is participating in the election of a candidate for
18 major office, excluding a candidate for party primary office, shall file a report no
19 later than the one hundred eightieth day prior to the primary election, which shall be
20 complete through the one hundred ninetieth day prior to the primary election.
21 (2) Each committee which is participating in the election of a candidate for
22 major office, excluding a candidate for party primary office, shall file a report no
23 later than the ninetieth day prior to the primary election, which shall be complete
24 through the one hundredth day prior to the primary election.
25 * * *
26 (4)(a) Each committee shall file a report no later than the tenth day prior to
27 the primary election which shall be complete through the twentieth day prior to the
28 primary election.
29 (b) If a second party primary is held, each committee participating in the
30 second party primary election shall file a report no later than the tenth day prior to
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1 the second party primary election which shall be complete through the twentieth day
2 prior to the second party primary election.
3 (c) Each committee participating in an election for a party primary office
4 shall file a report no later than the ninetieth day prior to the general election for a
5 party primary office, which shall be complete through the one hundredth day prior
6 to the general election. This shall be the final report for the election for any
7 committee which does not participate in the general election for party primary office,
8 unless supplemental reports are required as provided in Subsection D of this Section.
9 (d) Each committee participating in the general election for a party primary
10 election shall file a report no later than the thirtieth day before the general election
11 for a party primary election, which shall be complete through the fortieth day prior
12 to the general election for a party primary office.
13 * * *
14 C. During the period beginning at midnight of the twentieth day prior to a
15 primary election and extending through midnight of primary election day, during the
16 period beginning at midnight of the twentieth day prior to a second party primary
17 election and extending through midnight of a second party primary election day, if
18 applicable, and during the period beginning at midnight of the twentieth day prior to
19 a general election and extending through midnight of general election day, each
20 committee shall file a report with the supervisory committee of:
21 * * *
22 §1495.4. Reports required; reporting times and periods; extension
23 * * *
24 B. A report shall be filed for a candidate for each regularly scheduled
25 election in which the candidate participates according to the following schedule:
26 (1) Each candidate for major office , excluding a candidate for party primary
27 office, shall file a report no later than the one hundred eightieth day prior to the
28 primary election, which shall be complete through the one hundred ninetieth day
29 prior to the primary election.
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1 (2) Each candidate for major office, excluding a candidate for party primary
2 office, shall file a report no later than the ninetieth day prior to the primary election,
3 which shall be complete through the one hundredth day prior to the primary election.
4 * * *
5 (4)(a) Each candidate shall file a report no later than the tenth day prior to
6 the primary election which shall be complete through the twentieth day prior to the
7 primary election.
8 (b) If a second party primary election is held, each candidate shall file a
9 report no later than the tenth day prior to the second party primary election which
10 shall be complete through the twentieth day prior to the second party primary
11 election.
12 (c) Each candidate for a party primary office shall file a report no later than
13 the ninetieth day prior to the general election for a party primary office, which shall
14 be complete through the one hundredth day prior to the general election for a party
15 primary office. This shall be the final report for the election for any candidate which
16 does not participate in the general election for party primary office, unless
17 supplemental reports are required as provided in Subsection D of this Section.
18 (d) Each candidate participating in the general election for a party primary
19 office shall file a report no later than the thirtieth day before the general election for
20 a party primary office, which shall be complete through the fortieth day before the
21 general election for a party primary office.
22 * * *
23 C. During the period beginning at midnight of the twentieth day prior to a
24 primary election and extending through midnight of primary election day, during the
25 period beginning at midnight of the twentieth day prior to a second party primary
26 election and extending through midnight of the second party primary election day,
27 if applicable, and during the period beginning at midnight of the twentieth day prior
28 to a general election and extending through midnight of general election day, each
29 candidate shall file a report with the supervisory committee of:
30 * * *
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1 §1501.1. Reports by persons not candidates or committees
2 * * *
3 C. In addition to the reports filed in accordance with Subsection B of this
4 Section, during the period beginning at midnight of the twentieth day prior to a
5 primary election and extending through midnight of primary election day, during the
6 period beginning at midnight of the twentieth day prior to a second party primary
7 election and extending through midnight of the second party primary election day,
8 if applicable, and during the period beginning at midnight of the twentieth day prior
9 to a general election and extending through midnight of general election day, any
10 person, other than a candidate or a political committee, who makes any expenditure
11 or who accepts a contribution, other than to or from a candidate or to or from a
12 political committee, shall file a report with the supervisory committee of:
13 * * *
14 §1505.2. Contributions; expenditures; certain prohibitions and limitations
15 * * *
16 H.
17 * * *
18 (3)(a) For purposes of this Subsection, a primary election and a general
19 election shall constitute two separate elections, except that for a party primary office,
20 a primary, a second party primary, and a general election shall constitute three
21 separate elections. For purposes of this Subsection, for candidates for a party
22 primary office and committees that participate in a second party primary, the
23 reporting period for the second party primary election shall be deemed to begin the
24 day following the primary election. For purposes of this Subsection, for candidates
25 and committees that participate in a general election, the reporting period for the
26 general election shall be deemed to begin the day following the primary election at
27 which the candidate qualified for the general election, except that for a nonparty
28 primary candidate, the reporting period for the general election shall be deemed to
29 begin the day the candidate became a candidate for a party primary office.
30 * * *
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1 Section 2. Section 2 of Act No. 1 of the 2024 First Extraordinary Session of the
2 Legislature is hereby amended and reenacted to read as follows:
3 "Section 2. This (A) Solely for the purposes of qualifying for elections in
4 2026 and for other activities and requirements related to the conduct of elections in
5 2026, the provisions of Section 1 of this Act shall become effective on August 1,
6 2025.
7 (B) For all other purposes, the provisions of this Act shall become effective
8 on January 1, 2026."
9 Section 3. R.S. 18:467.1 is hereby repealed in its entirety.
10 Section 4. The Louisiana State Law Institute is hereby authorized and directed to
11 change the references to "R.S. 18:467, 467.1, and 468" as those references appear in R.S.
12 18:591, 601(A)(1)602(B)(2)(a), and 604(B)(2)(a) to "R.S. 18:467 and 468". The Louisiana
13 State Law Institute is hereby authorized and directed to change the reference from "R.S.
14 18:410.6 and 469" to "R.S. 18:469" in R.S. 18:154(F)(8) as enacted by House Bill No. 677
15 of this 2024 Regular Session of the Legislature if the Act which originated as House Bill
16 No. 677 of this 2024 Regular Session of the Legislature is enacted and becomes effective.
17 Section 5.(A) Solely for the purposes of qualifying for elections in 2026 and for
18 other activities and requirements related to the conduct of elections in 2026, the provisions
19 of this Act shall become effective on August 1, 2025.
20 (B) For all other purposes, the provisions of this Act shall become effective on
21 January 1, 2026.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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