ELECTED OFFICIALS: Provides for vacancies caused by retirement, resignation, or removal from elected office. (8/1/26)
Summary
SB 397 creates a new provision in Louisiana election law governing vacancies that arise when an elected official retires, resigns, or is removed from office. The bill generally bars that same individual from being appointed to, or qualifying as a candidate for election to, the same office from which they left. In other words, it prevents an official from stepping out of office and then immediately returning to the same seat through appointment or election.
The bill also includes a specific exception for judgeships. It states that the new vacancy rule does not apply to judges, and it does not affect the Louisiana Supreme Court’s constitutional authority to appoint a sitting or retired judge to any court. The measure was enacted as Act 262.
Impact
The bill amends Title 18 of the Louisiana Revised Statutes by enacting R.S. 18:586(C), adding a restriction on post-departure eligibility for the same elected office after retirement, resignation, or removal. Its practical effect is to limit the pool of eligible appointees or candidates for certain vacancies by excluding the former officeholder, while preserving existing constitutional procedures for judicial appointments. The law affects elected officials generally, but expressly excludes judgeships from its reach.
Sentiment
The available voting history shows strong, unanimous support for the bill in both chambers, with a 35-0 Senate vote and an 87-0 House vote. No committee transcripts were provided, and there is no indication of organized opposition in the record supplied. The overall sentiment appears to have been broadly favorable and noncontroversial.
Contention
The main substantive issue in the bill is whether a former elected official should be allowed to return to the same office after leaving it through retirement, resignation, or removal. Support for the measure appears to center on preventing circumvention of vacancy rules and discouraging officials from using resignation or retirement as a temporary step before reclaiming the same seat. The only explicit carve-out is for judgeships, reflecting concern about preserving the Supreme Court’s constitutional appointment authority and existing judicial appointment practices.
Provides for training of elected officials of municipalities and certain municipal employees relative to public contracts. (gov sig) (EN NO IMPACT See Note)