Louisiana 2025 2025 Regular Session

Louisiana House Bill HB367 Introduced / Bill

                    HLS 25RS-948	ORIGINAL
2025 Regular Session
HOUSE BILL NO. 367
BY REPRESENTATIVE MARCELLE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
COURTS:  Provides relative to the election sections for judgeship of the second district of
the First Circuit Court of Appeal
1	AN ACT
2To amend and reenact R.S. 13:312(1)(b) and 312.1(A), relative to the Court of Appeal for
3 the First Circuit; to provide for the organization of districts within the First Circuit;
4 to provide election sections for the second district of the First Circuit; to provide for
5 the assignment of judgeships for election purposes; to provide for the election of
6 judges; to provide for an effective date; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1.  R.S. 13:312(1)(b) and 312.1(A) are hereby amended and reenacted to read
9as follows:
10 §312.  Courts of appeal; circuits and districts
11	There shall be five court of appeal circuits, which shall be subdivided into
12 districts as follows:
13	1.
14	*          *          *
15	(b) Districts of first circuit. (i) The parishes of Ascension, Assumption,
16 Iberville, Lafourche, Pointe Coupee, St. Mary, Terrebonne, and West Baton Rouge
17 shall compose the first district of the first circuit.  The first district shall be further
18 divided into two election sections.
19	(aa) Election section one shall be composed of Ascension Parish, Assumption
20 Parish, Iberville Parish, Pointe Coupee Parish, and West Baton Rouge Parish.
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1	(bb) Election section two shall be composed of Lafourche Parish, St. Mary
2 Parish, and Terrebonne Parish.
3	(ii) The parish of East Baton Rouge shall compose the second district of the
4 first circuit.  The second district shall be further divided into two election sections.
5	(aa) Election Section One is composed of Precincts 1-8, 1-12, 1-34, 1-35,
6 1-39, 1-40, 1-41, 1-42, 1-43, 1-47, 1-48, 1-49, 1-56, 1-59, 1-64, 1-65, 1-66, 1-69,
7 1-73, 1-74, 1-75, 1-76, 1-79, 1-80, 1-89, 1-97, 1-98, 1-99, 1-105, 1-106, 1-107, 2-6,
8 2-7, 2-8, 2-33, 3-1, 3-2, 3-3, 3-4, 3-5, 3-6, 3-7, 3-9, 3-10, 3-12, 3-13, 3-14, 3-15,
9 3-16, 3-17, 3-18, 3-19, 3-20, 3-21, 3-22, 3-23, 3-25, 3-26, 3-29, 3-30, 3-31, 3-32,
10 3-33, 3-34, 3-35, 3-36, 3-37, 3-38, 3-39, 3-40, 3-41, 3-43, 3-44, 3-45, 3-46, 3-47,
11 3-48, 3-49, 3-50, 3-51, 3-52, 3-53, 3-54, 3-55, 3-56, 3-57, 3-58, 3-59, 3-60, 3-61,
12 3-62, 3-63, 3-64, 3-65, 3-66, 3-67, 3-68, 3-69, 3-70, 3-71, 3-72, 3-73, 3-74, 3-75, and
13 3-76 of East Baton Rouge Parish.
14	(bb) Election Section Two is composed of Precincts 1-1, 1-2, 1-3, 1-4, 1-5,
15 1-6, 1-7, 1-9, 1-10, 1-11, 1-13, 1-14, 1-15, 1-16, 1-17, 1-18, 1-19, 1-20, 1-21, 1-22,
16 1-23, 1-24, 1-25, 1-26, 1-27, 1-28, 1-29, 1-30, 1-31, 1-32, 1-33, 1-36, 1-37, 1-38,
17 1-44, 1-45, 1-46, 1-50, 1-51, 1-52, 1-53, 1-54, 1-55, 1-57, 1-58, 1-60, 1-61, 1-62,
18 1-63, 1-67, 1-68, 1-70, 1-71, 1-72, 1-77, 1-78, 1-81, 1-82, 1-83, 1-84, 1-85, 1-86,
19 1-87, 1-88, 1-90, 1-91, 1-92, 1-93, 1-94, 1-95, 1-96, 1-100, 1-101, 1-102, 1-103,
20 1-104, 2-1, 2-2, 2-3, 2-4, 2-5, 2-9, 2-10, 2-11, 2-12, 2-13, 2-14, 2-15, 2-16, 2-17,
21 2-18, 2-19, 2-20, 2-21, 2-22, 2-23, 2-24, 2-25, 2-26, 2-27, 2-28, 2-29, 2-30, 2-31,
22 2-32, 2-34, 2-35, 2-36, 2-37, 2-38, 3-8, 3-11, 3-24, 3-27, 3-28, and 3-42 of East
23 Baton Rouge Parish.
24	(iii) The parishes of East Feliciana, Livingston, St. Helena, St. Tammany,
25 Tangipahoa, Washington, and West Feliciana shall compose the third district of the
26 first circuit.
27	*          *          *
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1 §312.1.  Circuit court of appeal; domicile; number of judges; election
2	A. (1) The Court of Appeal for the First Circuit, domiciled in the city of
3 Baton Rouge, shall have twelve judges.  Four judges shall be elected from each of
4 the three districts composing the circuit by the qualified electors of each district,
5 respectively.
6	(2)  However, in In the first district, one judge, Division C, shall be elected
7 from election section one by the qualified electors of election section one, and one
8 judge, Division A, shall be elected from election section two by the qualified electors
9 of election section two.  The remaining two judges in the first district, Divisions B
10 and D, shall be elected by the qualified electors of the entire first district.
11	(3) In the second district, two judges, Division A and B, shall be elected from
12 election section one by the qualified electors of election section one, and two judges,
13 Divisions C and D, shall be elected from election section two by the qualified
14 electors of election section two.
15	*          *          *
16 Section 2. (A) Each judge of the second district in office on the effective date of this
17Act shall be the judge for the division to which he was elected and may complete the term
18for which he was elected.
19 (B)(1) The successor to the office of a judge of the second district shall be elected
20from the election section to which the division is assigned as provided by R.S. 13:312.1. 
21The election shall be from the election section composed as provided by R.S. 13:312.
22 (2) Notwithstanding any other provision of law to the contrary, there shall be no
23requirement that a judge be a resident of the election section from which he is elected;
24however, the judge shall be a resident of the second district of the Court of Appeal for the
25First Circuit, in accordance with law.
26 Section 3. (A) The precincts referenced in this Act are those contained in the file
27named "2025 Precinct Shapefiles (1-16-2025)" available on the website of the Legislature
28of Louisiana on the effective date of this Section. The 2025 Precinct Shapefiles are based
29upon those Voting Districts (VTDs) contained in the 2020 Census Redistricting TIGER/Line
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1Shapefiles for the State of Louisiana as those files have been modified and validated through
2the data verification program of the Louisiana House of Representatives and the Louisiana
3Senate to represent precinct changes submitted through January 16, 2025, to the Legislature
4of Louisiana by parish governing authorities pursuant to the provisions of R.S. 18:532 and
5532.1.
6 (B) When a precinct referenced in this Act has been subdivided by action of the
7parish governing authority on a nongeographic basis or subdivided by action of the parish
8governing authority on a geographic basis in accordance with the provisions of R.S.
918:532.1, the enumeration in this Act of the general precinct designation shall include all
10nongeographic and all geographic subdivisions thereof, however such subdivisions may be
11designated.
12 (C) The territorial limits of the districts as provided in this Act shall continue in
13effect until changed by law regardless of any subsequent change made to the precincts by
14the parish governing authority.
15 Section 4.  This Act shall become effective upon signature by the governor or, if not
16signed by the governor, upon expiration of the time for bills to become law without signature
17by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If
18vetoed by the governor and subsequently approved by the legislature, this Act shall become
19effective 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 367 Original 2025 Regular Session	Marcelle
Abstract:  Provides for an additional election section in the second district of the First 
Circuit Court of Appeal. Effective upon signature of the governor for all purposes.
Statistical summaries of proposed law including maps illustrating proposed district
boundaries accompany this digest. (Attached to the bill version on the internet.)
Present law provides for composition of the First Circuit Court of Appeal.  Provides that the
parishes of Ascension, Assumption, East Baton Rouge, East Feliciana, Iberville, Lafourche,
Livingston, Pointe Coupee, St. Helena, St. Mary, St. Tammany, Tangipahoa, Terrebonne,
Washington, West Baton Rouge, and West Feliciana shall compose the first circuit.  Further
provides that the parishes of Ascension, Assumption, Iberville, Lafourche, Pointe Coupee,
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HB NO. 367
St. Mary, Terrebonne, and West Baton Rouge shall compose the first district of the first
circuit.  The parish of East Baton Rouge shall compose the second district of the first circuit.
Present law provides that the first circuit shall be composed of twelve judges.  Provides that
four judges shall be elected from the second district of the first circuit by the qualified
electors thereof.  Proposed law retains present law. 
Present law provides that the second district is divided into two subdistricts.  Further
provides Subdistrict one shall elect judges for Divisions A, B, and C. Subdistrict two shall
elect a judge for Division D.
Proposed law divides the second district into two election sections. Further provides that two
judges will be elected from election section one for Divisions A and B, and two judges will
be elected from election section two for Divisions C and D.
Proposed law provides that each judge of the second district in office on the effective date
of this Act will be the judge for the election section, subdistrict having the same designation
as the election section, subdistrict from which the justice was elected and may complete the
term for which he was elected.  Further provides that the successor to the office of a judge
of the second district will be elected from the election section assigned to that office as
provided by proposed law.
Proposed law specifies that precincts referenced in district descriptions are those precincts
identified as Voting Districts (VTDs) in the 2020 Census Redistricting TIGER/Line
Shapefiles for the state of La. as validated through the data verification program of the La.
legislature.  Also specifies that if any such precinct has been subdivided by action of the
parish governing authority on a nongeographic basis or subdivided by action of the parish
governing authority on a geographic basis in accordance with present law, the enumeration
of the general precinct designation shall include all nongeographic and all geographic
subdivisions thereof.  Further provides that the territorial limits of the districts as enacted
shall continue in effect without change regardless of any subsequent change made to the
precincts by the parish governing authority.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 13:312(1)(b) and 312.1(A))
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