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Louisiana Revised Statutes Tit. 18, § 402. Dates of primary and general elections; prohibited election days

Current as of January 01, 2023 | Updated by Findlaw Staff

A. Prohibited election days.(1) No election of any kind shall be held in this state on any of the days of Rosh Hashanah, Yom Kippur, Sukkot, Shemini Atzeret, Simchat Torah, the first two days and the last two days of Passover, Shavuot, Tish'a B'Av, the two days preceding Labor Day, the three days preceding Easter, or the three days following Thanksgiving Day. If the date of any fall election falls on any of the above-named days, the election shall be held on the same weekday of the preceding week. If the date of any spring election falls on any of the above-named days, the election shall be held on the same day of the following week.

(2) If the date for the fall primary election is advanced in accordance with the provisions of Paragraph (1) of this Subsection, the general election shall be advanced the same number of weeks as the primary election.

(3) If the date for the spring primary election is postponed in accordance with the provisions of Paragraph (1) of this Subsection, the spring general election and, if applicable, the second party primary election held at the same time shall be postponed the same number of weeks as the primary election.

(4) If the date for the fall general election is advanced in accordance with the provisions of Paragraph (1) of this Subsection, the fall primary election and, if applicable, the general election for party primary office held at the same time shall be advanced the same number of weeks as the fall general election.

B. Election dates in gubernatorial election years.

(1) Spring elections.(a) There shall be a spring primary election held on the third Saturday in April for municipal and ward officers elected in the spring of a gubernatorial election year and for candidates in a party primary election for a party primary office to be elected at the gubernatorial election.

(b) There shall be a spring election held on the sixth Saturday after the third Saturday in April which shall be a general election for municipal and ward officers elected in the spring of a gubernatorial election year and, if necessary, a second party primary for candidates in a party primary election for a party primary office to be elected at the gubernatorial election.

(2) Fall elections.(a) There shall be a fall primary election held on the third to last Saturday in October of a gubernatorial election year for governor and officers elected at the same time as the governor. This election date shall also serve as the general election date for party primary office to be elected at the gubernatorial election.

(b) There shall be a fall general election held on the sixth Saturday after the third to last Saturday in October of a gubernatorial election year.

C. Election dates in congressional election years.

(1) Spring elections.(a) There shall be a spring primary election held on the third Saturday in April for municipal and ward officers elected in the spring of a nonpresidential congressional election year and for candidates in a party primary election for a party primary office to be elected in that year.

(b) In the spring of a nonpresidential congressional election year, there shall be an election held on the sixth Saturday after the third Saturday in April which shall be a general election for municipal and ward officers and, if necessary, a second party primary for candidates in a party primary election for a party primary office to be elected that year.

(c) In the spring of a presidential and congressional election year, there shall be a spring primary election held on the last Saturday in March for municipal and ward officers and for candidates in a party primary election for a party primary office to be elected in that year.

(d) In the spring of a presidential and congressional election year, there shall be an election held on the sixth Saturday after the last Saturday in March for municipal and ward officers elected and for candidates in a party primary election for a party primary office to be elected in that year.

(2) Fall elections.(a) There shall be a fall primary election held on the first Tuesday after the first Monday in November for officers elected at the same time as members of congress in that year. This election date shall also serve as the general election date for a party primary office to be elected in a congressional election year.

(b) There shall be a fall general election held on the sixth Saturday after the first Tuesday after the first Monday in November of a congressional election year.

D. Odd-numbered year election dates in a nongubernatorial election year.

(1) Spring elections.(a) There shall be a spring primary election held on the third Saturday in April for municipal and ward officers elected in the spring of a nongubernatorial election year. This date shall also serve as the first party primary election for a special election called to fill a vacancy in a party primary office.

(b) There shall be a spring election held on the sixth Saturday after the third Saturday in April which shall be a general election for municipal and ward officers elected in the spring of a nongubernatorial election year. This date shall also serve as the second party primary election, if necessary, for a special election called to fill a vacancy in a party primary office.

(2) Fall elections.(a) There shall be a fall primary election held on the second Saturday in October for parochial and municipal officers in a parish containing a municipality with a population of three hundred thousand or more. This date shall serve as the general election for a special election called to fill a vacancy in a party primary office.

(b) There shall be a fall general election held on the sixth Saturday after the second Saturday in October of an election year.

E.(1) Special elections to fill newly created offices or vacancies in office shall be held on dates fixed by the appropriate authority in the proclamation issued in accordance with law. For an election to fill a vacancy, the dates fixed in the proclamation shall be limited to the dates for primary elections and general elections established in Subsections B, C, and D of this Section. Except as otherwise provided by law, a special primary election shall be held on the first of the election dates established in this Section that is after the date on which the proclamation calling the special primary election is issued, provided that the proclamation is issued at least four weeks prior to the opening of the qualifying period for the special primary election. If this deadline falls on a Saturday, Sunday, or legal holiday, then the deadline shall be the following day which is not a Saturday, Sunday, or legal holiday. The authority issuing the proclamation shall consult with the secretary of state in the establishment of a qualifying period and election dates for special elections.

(2) Except for the office of representative in congress, the secretary of state shall not include the name of any candidate on any ballot for a special election to fill a vacancy in any office to which this Subsection is applicable unless such special election has been called in accordance with the provisions of this Subsection and scheduled on one of the dates provided herein. Any elector who is eligible to vote in any such special election may apply for injunctive relief to prohibit the placing of the name of any candidate in an improperly called election on the ballot. Venue for such application shall be in any parish in which the election is called, and the secretary of state shall be the proper party defendant.

F. Every bond, tax, or other election at which a proposition or question is to be submitted to the voters shall be held only on an election date established in Subsections B, C, and D of this Section. However, the sixth Saturday after the first Tuesday after the first Monday in November of any congressional election year shall not be applicable in a parish containing a municipality with a population of three hundred thousand or more for an election relative to a parcel fee imposed within a security or neighborhood improvement district. For purposes of this Subsection, “security or neighborhood improvement district” means a special district, one of the primary purposes of which is aiding in crime prevention and adding to the security of district residents by providing for an increased presence of law enforcement personnel in the district or otherwise promoting and encouraging security in the district.

G. Prohibited days.(1) No election of any kind shall be held in this state on any of the days of Rosh Hashana, Yom Kippur, Sukkot, Shemini Atzeret, Simchat Torah, the first two days and the last two days of Passover, Shavuot, Tish'a B'Av, the two days preceding Labor Day, the three days preceding Easter, or the three days following Thanksgiving Day. If the date of any election falls on any of the above-named days, the election shall be held on the same day of the preceding week.

(2) The fall election dates established in Subsection B of this Section shall be the gubernatorial election dates.

(3) The fall election dates established in Subsection C of this Section shall be the congressional election dates.

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Cite this article: FindLaw.com - Louisiana Revised Statutes Tit. 18, § 402. Dates of primary and general elections; prohibited election days - last updated January 01, 2023 | https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-18-sect-402/

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