2009 Louisiana Laws TITLE 18 Louisiana election code :: RS 18:1275.11 Repealed by acts 2010, no. 570, §2, eff. jan. 1, 2011.

§1275.11.  Reopening of qualifying period; effect

A.  When a person who qualified as a candidate in a first party primary election for the office of senator or representative in congress dies after the close of the qualifying period and before the time for closing the polls on the day of the first party primary election, the qualifying period for candidates in the first party primary election for that office shall reopen for the party from which the candidate died on the day after the death and shall close at 5:00 p.m. on the third day after the death or, if that day is a legal holiday, at 5:00 p.m. on the next day which is not a legal holiday.  The name of the deceased candidate shall not be printed on the first party primary election ballot.  If the first party primary election ballot was printed with the deceased candidate's name on it, any votes received by the deceased candidate shall be void and shall not be counted for any purpose whatsoever.

B.  When, at the close of the qualifying period, no candidate has qualified for an office, the qualifying period shall be reopened, but only for the office for which no candidates qualified, on the first Wednesday after the close of the qualifying period and shall close at 5:00 p.m. on the Friday thereafter or, if that day is a legal holiday, at 5:00 p.m. on the next day which is not a legal holiday.

C.  Whenever the qualifying period is reopened as required by Subsections A or B of this Section, the secretary of state shall cause notice of the reopening, listing the dates and times the period shall run, to be published in the official journal of the state.

D.  Effect on primary election.  (1)  If the qualifying period for candidates reopens for any recognized political party within thirty days before a first party primary election, all the votes cast in the first party primary election for that public office are void, unless the qualifying period for the office reopened and closed without additional candidates qualifying for the office.  If additional candidates qualify for the office and the votes for the first party primary will be void for that reason, the secretary of state shall immediately publish in the official journal of the state a notice to the electorate that the election for that office has been voided because new candidates qualified.  Such notice shall include the dates for the rescheduled first party primary, second party primary, and general elections.

(2)  If all the votes cast in a first party primary election for a public office are void because of the death of a candidate, the first party primary election for the office shall be held on the date of the second party primary election, the second party primary election for the office shall be held on the date of the general election, and the general election for the office, if necessary, shall be held on the fifth Saturday after the second party primary election.

Acts 2006, No. 560, §1, eff. Jan. 1, 2007; Acts 2007, No. 448, §1.