§ 18:591 — Vacancy in office of elective members of state boards and commissions

§591. Vacancy in office of elective members of state boards and commissions
Within twenty-four hours after any member of a state board or commission has
knowledge of a vacancy in an elective office on that state board or commission, the member
shall notify the governor by certified mail of the vacancy, the date on which it occurred, and
the cause thereof. Within twenty days after the governor is notified of the vacancy, the
governor shall appoint a person to fill the vacancy who has the qualifications for the office.
However, if the deadline for making the appointment falls on a Saturday, Sunday, or other
legal holiday, then the next day which is not a Saturday, Sunday, or legal holiday shall be
deemed to be the final day for making such appointment. If the unexpired term is one year
or less, the member so appointed shall serve for the remainder thereof. If the unexpired term
exceeds one year, the governor, within twenty days after the governor is notified of the
vacancy, shall issue his proclamation ordering a special election to fill the vacancy, which
shall specify, in accordance with R.S. 18:402, the dates on which the primary and general
elections shall be held, and in accordance with R.S. 18:467 and 468, the dates of the
qualifying period for the candidates in the special election. However, if the deadline for
issuing the proclamation falls on a Saturday, Sunday, or other legal holiday, then the next day
which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day for
issuing such proclamation. Immediately thereafter, the governor shall publish the
proclamation in the official journal of each parish in which the election is to be held. Within
twenty-four hours after issuing the proclamation, the governor shall send a copy of the
proclamation to the secretary of state who shall within twenty-four hours after receipt of the
information notify all election officials having any duty to perform in connection with the
special election to fill such vacancy, including the parish boards of election supervisors for
the parish or parishes in which the vacancy occurred. The governor may appoint a person
to fill a vacancy and issue a proclamation ordering a special election when the governor
learns of a vacancy, whether or not the governor has received notice thereof from a state
board or commission member. Whenever a special election is required, the governor's
appointee shall serve only until the successor is elected and takes office.

Legislative History

Acts 1976, No. 697, §1, eff. Jan. 1, 1978; Acts 1977, No. 545, §1, eff. Jan. 1, 1978; Acts 1980, No. 792, §1, eff. Jan. 1, 1981; Acts 1981, No. 76, §1, eff. June 26, 1981; Acts 1997, No. 1420, §1, eff. Jan. 1, 1998; Acts 2005, No. 431, §1, eff. Jan. 1, 2006; Acts 2012, No. 138, §1, eff. May 14, 2012; Acts 2024, No. 640, §4, eff. See Act.