§ 18:601 — Vacancy in state legislative office; legislative service

§601. Vacancy in state legislative office; legislative service
A.(1) If a vacancy in the office of a state legislator occurs and if six months or more
of the term remains unexpired, then within ten days of the vacancy occurring, the presiding
officer of the house in which the vacancy occurs shall issue a proclamation advising of the
vacancy and ordering a special election to fill the vacancy and shall specify in the
proclamation, 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 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. The speaker of the House of Representatives or the president of the
Senate shall immediately forward such information 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 a special election to fill such vacancy, including the parish
boards of election supervisors for the parish or parishes in which the vacancy occurred. The
secretary of state shall also publish the proclamation in the official journal of each parish in
which the election is to be held.
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection or R.S.
18:402, if a vacancy in the office of state legislator occurs and if six months or more of the
term remains unexpired and in the discretion of the presiding officer of the house of the
legislature in which the vacancy occurs a person may be elected and serve during a session
of the legislature which occurs prior to the next regularly scheduled election dates provided
in R.S. 18:402, then within ten days of the vacancy occurring, the presiding officer of the
house in which the vacancy occurs shall determine the dates of the primary and general
elections and the dates of the qualifying period for the election and shall issue a proclamation
advising of the vacancy and setting forth the election dates and dates of the qualifying period
for candidates. 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. The speaker of
the House of Representatives or the president of the Senate shall immediately forward such
information 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 a
special election to fill such vacancy, including the parish boards of election supervisors for
the parish or parishes in which the vacancy occurred. The secretary of state shall also publish
the proclamation in the official journal of each parish in which the election is to be held.
B. For purposes of Article III, Section 4(E) of the Constitution of Louisiana only, the
service of a person who is elected to fill an unexpired term in the office of state legislator
shall begin at the time such person takes the oath of office before his house of the legislature.

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 1992, No. 730, §1, eff. July 6, 1992; Acts 1997, No. 1420, §1, eff. Jan. 1, 1998; Acts 2005, No. 431, §1, eff. Jan. 1, 2006; Acts 2006, No. 403, §1, eff. June 15, 2006; Acts 2011, No. 201, §1, eff. Jan. 1, 2012; Acts 2024, No. 640, §4, eff. See Act.