§ 18:532.1 — Changing boundaries

Louisiana § 18:532.1

• Jurisdiction: Louisiana
• Title 18: Conservation

Text

§532.1. Changing boundaries
A. The parish governing authority shall have authority, in accordance with this
Section, to change the configuration, boundaries, or designation of an election precinct. Any
change so determined shall be adopted by ordinance of the parish governing authority.
Within fifteen days after adoption of the ordinance, the parish governing authority shall send
to the secretary of state a certified copy of the ordinance, a geospacial shape file, if available,
a printed copy of the map showing the new precinct boundaries and designations and a
correct, written legal description of such boundaries. The parish governing authority shall
comply with the provisions of R.S. 18:1941 when changing precinct boundaries.
B.(1) A parish governing authority shall change a precinct only by dividing the
precinct into two or more precincts except as provided in Paragraph (2) of this Subsection.
(2)(a) When in order to make it more convenient for voters to vote, to facilitate the
administration of the election process, or to comply with the provisions of R.S. 18:532(B)(1)
or (4), it becomes necessary to merge all or part of a precinct with adjacent precincts, a part
or parts may be merged but only when the parts that are joined are in the same legislative,
Public Service Commission, State Board of Elementary and Secondary Education, state,
federal, and local governing authority voting district as such districts have been redistricted
subsequent to the release of the latest federal decennial census. However, no precinct shall
be merged unless the local governing authorities and the parish, city, or other local public
school boards within the area affected by the merger have completed redistricting and, if
required, received preclearance pursuant to the Voting Rights Act of 1965.
(b) In order to establish block boundaries for a subsequent federal decennial census,
proposed precinct mergers submitted for review through December thirty-first of any year
of which the last digit is nine in accordance with Subsection C of this Section, shall not be
subject to the requirement that the precincts or parts of the precincts shall be in the same
state, local, and municipal office voting district and shall not be subject to the provisions of
Paragraph (C)(3) of this Section; however, any mergers accomplished pursuant to the
provisions of this Subparagraph shall be effective for the following purposes at the following
times:
(i) Not later than March thirty-first of any year of which the last digit is zero for the
purpose of establishing block boundaries for the federal decennial census and for
reapportionment and redistricting purposes following that federal decennial census.
(ii) Not later than July first of any year of which the last digit is one for all purposes.
(3) Any establishment, division, or merger of precincts as provided in Paragraphs (1)
and (2) of this Subsection shall be considered a change in precinct boundaries and shall be
subject to the requirements of this Section.
C.(1) The parish governing authority shall comply with the provisions of R.S.
18:532(A), (B), (C), and (E) when changing any precinct boundary.
(2)(a) In determining features to be used as precinct boundaries, the parish governing
authority shall consult with the secretary of the Senate and the clerk of the House of
Representatives or their designees. The parish governing authority shall submit proposed
changes in precinct boundaries to the secretary and the clerk or their designees on United
States Bureau of the Census maps prepared for the next federal decennial census and, where
practicable, by electronic medium. No change in a precinct boundary may be made by the
parish governing authority without prior review and approval by the secretary and the clerk
or their designees, except as provided in this Paragraph. Such review shall consist of a
determination whether the proposed precinct change coincides with a visible feature depicted
on a base map that will be used by the United States Bureau of the Census to determine
visible tabulation boundaries for the federal decennial census.
(b) The secretary of the Senate and the clerk of the House of Representatives or their
designees shall send a report of the findings resulting from the review to the parish governing
authority within forty-five days after the receipt of the proposed precinct changes. If the
secretary of the Senate and the clerk of the House of Representatives or their designees fail
to respond within forty-five days after the receipt of the proposed precinct changes, the
proposed visible feature for precinct boundaries shall be deemed to be approved by the
secretary of the Senate and the clerk of the House of Representatives or their designees.
(3)(a) In addition to the requirements of Paragraph (2) of this Subsection, when the
proposed precinct change involves a merger authorized by Paragraph (B)(2) or Subparagraph
(D)(1)(b) of this Section, prior to adoption by ordinance, the parish governing authority shall
submit proposed changes of the merger to the secretary of state. No change in a precinct
merger may be made by the parish governing authority without prior review and approval by
the secretary of state, except as provided in this Paragraph. Such review shall consist of
either a determination that the proposed merger of the precincts establishes a precinct or
precincts where all parts of each proposed new precinct are in the same state, local, and
municipal office voting district or a determination that the voting machine is capable of
accommodating all elections that will occur in the precinct if the proposed merger occurs and
the proposed merger will not cause voter inconvenience.
(b) The secretary of state shall send a report of the findings resulting from the review
to the parish governing authority within forty-five days after the receipt of the proposed
precinct changes. If the secretary of state fails to respond within forty-five days after the
receipt of the proposed precinct mergers, the proposed mergers shall be deemed to be
approved by the secretary of state. No precinct shall be merged until all local governing
authorities and the parish or city school board within the area affected by the merger have
completed redistricting and, if required, such redistricting has been precleared pursuant to
the Voting Rights Act of 1965.
(4) In addition to the requirements of Paragraph (2) of this Subsection, when the
proposed precinct change involves dividing a precinct, prior to the adoption of the ordinance,
the parish governing authority shall submit proposed changes to the clerk of court and
registrar of voters to confirm the ability to conduct an election utilizing the proposed
boundaries.
(5) No precinct boundary change shall become effective for the election unless the
information required in this Subsection is received by the secretary of state prior to 4:30 p.m.
at least four weeks prior to the date the qualifying period opens.
D.(1)(a) Notwithstanding any other law to the contrary, no election precinct shall be
created, divided, abolished, or merged or the boundaries thereof otherwise changed between
December thirty-first of any year of which the last digit is nine and January first of any year
of which the last digit is three.
(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph to the
contrary, if the legislature has completed the reapportionment required by Article III, Section
6 of the Constitution of Louisiana following the latest federal decennial census and, if
required, has received preclearance pursuant to the Voting Rights Act of 1965, the parish
governing authority may merge precincts upon the parish governing authority's certifying in
writing to the office of the secretary of state that the parish governing authority and all school
boards within the parish have completed all redistricting that is required following the latest
federal decennial census, if required, have received preclearance pursuant to the Voting
Rights Act of 1965, and have received written approval to merge the precincts from the
office of the secretary of state.
(i) A certified copy of the ordinance describing such precinct mergers, a correct,
written legal description of proposed new precinct boundaries, geospacial shape files, if
available, and a printed copy of a map clearly detailing the precinct boundaries within the
parish shall be sent to the secretary of the Senate, the clerk of the House of Representatives,
the secretary of state, the clerk of court, and the registrar of voters of the parish within fifteen
days after the adoption of the ordinance.
(ii) No precinct merger shall become effective without prior review and approval by
the secretary of state, the secretary of the Senate, and the clerk of the House of
Representatives, or their designees. The secretary of state, the secretary of the Senate, and
the clerk of the House of Representatives, or their designees shall send a report of the
findings of the review to the parish governing authority within forty-five days after receipt
of the proposed precinct changes. If the secretary of state, the secretary of the Senate, or the
clerk of the House of Representatives, or their designees fail to respond within forty-five
days after receipt of the proposed precinct changes, the proposed precinct changes shall be
deemed to be approved by the official or designee who failed to respond.
(2)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection to the
contrary, if after the release of the federal decennial census data a parish governing authority
is unable to comply with applicable law regarding redistricting and reapportionment,
including adherence to traditional redistricting principles, in the creation of its redistricting
or reapportionment plan using the whole precincts submitted to the United States Bureau of
the Census, the parish governing authority may divide a precinct into two or more precincts;
any such division shall be by a visible feature which is a census tabulation boundary. Upon
dividing a precinct, the parish governing authority shall notify the secretary of state of such
precinct division in writing.
(b) Any such parish governing authority shall include the precinct changes in its
ordinance establishing its redistricting or reapportionment plan.
(c) Within fifteen days after the adoption of the ordinance, the parish governing
authority shall send to the secretary of the Senate and the clerk of the House of
Representatives a certified copy of the ordinance and a copy of a map showing the new
precinct boundaries together with a written description of such boundaries. If the precinct
changes were the result of action in a court of competent jurisdiction, the parish governing
authority shall include a certified copy of the court order, and the secretary and the clerk shall
likewise be notified of appeals filed or other actions that pertain to any such order or
ordinance.
(d) The provisions of this Paragraph shall not be construed as authority for a parish
governing authority which has adopted or accomplished redistricting or reapportionment or
is able to redistrict or reapportion itself in accordance with applicable law using the whole
precincts submitted to the United States Bureau of the Census to divide precincts. Any plan
adopted by a parish governing authority in contravention of this Subsection shall be null and
void, and no election shall be conducted using any ballot based on such a null and void plan.
Any declaration of nullity of a plan pursuant to this Paragraph shall be by a court of
competent jurisdiction. In the event a plan is declared null, such declaration shall not affect
the validity or legality of any actions taken by, ordinances or regulations adopted by, or
contracts entered into by the governing authority elected pursuant to the null plan.
E.(1) A precinct shall not be changed, and no precinct shall be established or altered
in any way, including alphabetical division by voter surname, and no annexation shall be
implemented during the period commencing on the tenth business day prior to the date the
qualifying period opens and ending on the date of the general election.
(2) No precinct change or annexation that is made prior to the tenth business day
prior to the date the qualifying period opens shall become effective for the election unless
the information required in Subsection A of this Section, including notice of preclearance if
required pursuant to the Voting Rights Act of 1965, is received by the secretary of state prior
to 4:30 p.m. on the tenth business day prior to the date the qualifying period opens.
F. Within fifteen days after the adoption of the ordinance as provided in this Section,
the parish governing authority shall send to the secretary of the Senate and the clerk of the
House of Representatives, the secretary of state, the clerk of court, and the registrar of voters
a certified copy of the ordinance, geospacial shape files, if available, and a printed copy of
a map showing the new precinct boundaries and a correct, written legal description of such
boundaries.
G, H. Repealed by Acts 2008, No. 136, §3, eff. June 6, 2008.

Legislative History

Added by Acts 1982, No. 559, §1, eff. July 22, 1982; Acts 1985, No. 670, §1, eff. July 16, 1985; Acts 1986, No. 286, §1, eff. June 30, 1986; Acts 1987, No. 831, §1, eff. Jan. 1, 1988; Acts 1988, No. 329, §1; Acts 1988, No. 909, §1, eff. Jan. 1, 1989; Acts 1990, No. 288, §1, eff. July 5, 1990; Acts 1990, No. 629, §§1 and 2; Acts 1992, No. 803, §1; Acts 1993, No. 418, §§1 and 2, eff. Jan. 1, 1994; Acts 1995, No. 552, §1, eff. Jan. 1, 1996; Acts 1997, No. 1420, §§2, 3, eff. July 1, 1997; Acts 1999, No. 254, §1, eff. Jan. 1, 2000; Acts 1999, No. 254, §2, eff. July 1, 1999; Acts 2001, No. 451, §6, eff. Jan. 12, 2004; Acts 2002, 1st Ex. Sess., No. 123, §1, eff. April 23, 2002; Acts 2003, No. 1022, §1; Acts 2004, No. 526, §2, eff. June 25, 2004; Acts 2008, No. 136, §§1, 3, eff. June 6, 2008; Acts 2010, No. 824, §2, eff. June 30, 2010; Acts 2012, No. 138, §1, eff. May 14, 2012; Acts 2012, No. 726, §1; Acts 2014, No. 675, §1; Acts 2016, No. 281, §1, eff. May 31, 2016; Acts 2018, No. 550, §1; Acts 2020, No. 28, §1, eff. June 4, 2020; Acts 2025, No. 199, §1.