RS 18:513 Certification of candidates elected
§513. Certification of candidates elected
A. Certification of candidates elected for a full term. Within thirty days after the date on which a general election is scheduled to be held, the secretary of state shall certify the name of each candidate elected for a full term to the appropriate official in the following manner:
(1) The name of a candidate elected to the state legislature and the district from which he was elected shall be certified to the appropriate house of the state legislature, and the name of the candidate shall be entered on the rolls of the appropriate house by the secretary of the Senate or the clerk of the House of Representatives.
(2) The name of a candidate elected to Congress and the election results shall be certified as provided by R.S. 18:1277.
(3) The name of a candidate elected as a presidential elector and the election results shall be certified as provided by R.S. 18:1261.
(4) The name of the candidate elected to membership on a political party committee shall be certified to the chairman of the political party committee to which the candidate was elected.
(5) The name of a candidate elected to any other office, except governor or lieutenant governor, shall be certified to the governor, who shall issue a commission to the elected official on the date the term begins as provided by law or the home rule charter or plan of government. If the date the term begins for an official of a municipality elected in accordance with R.S. 18:402(C) is not provided for, the term shall begin July first following the election. If the date the term begins for any other elected official is not provided by law or home rule charter or plan of government, the governor shall issue a commission:
(a) To an official elected for a full term at the gubernatorial election, within thirty days after the date on which the governor is inaugurated.
(b) To an official elected for a full term at the congressional election, within thirty days after the name of the official has been certified to the governor by the secretary of state.
(c) To an official elected for a full term at a municipal election not held at the time of a congressional or gubernatorial election, within thirty days after the name of the official has been certified to the governor by the secretary of state.
(d) To an official elected at a special election to fill an unexpired term, within thirty days after the name of the official has been certified to the governor by the secretary of state.
(e) Repealed by Acts 1996, 1st Ex. Sess., No. 23, §2.
(6) The name of a candidate elected to the office of parish president for the parish of Jefferson or to the Jefferson Parish Council shall be certified by the secretary of state to the governor who shall issue a commission to the elected official which shall not become effective until the first Wednesday after the first Monday in January following the election.
B. Certification of candidates elected for an unexpired term. If a candidate is elected at a special primary or general election for an unexpired term or if he is elected at such an election by the people without opposition, the secretary of state shall promptly certify the name of the candidate elected to the appropriate official named in Paragraphs (1) through (6) of Subsection A of this Section.
C. Certification of candidates elected to a reduced term due to a postponed election. (1) When a reapportionment or redistricting plan fails to receive preclearance pursuant to the Voting Rights Act of 1965 by the deadline set forth in R.S. 18:1941 or R.S. 18:1942 and there is a postponement of the election, the secretary of state shall promptly certify the name of any candidate elected at the postponed election to the appropriate official named in Subsection A of this Section, when the secretary of state can immediately determine which office and term of office to which such newly elected official has been elected as follows:
(a) Following the close of qualifying and prior to the primary election if the candidate is declared elected without opposition.
(b) Following the primary election and prior to the general election if the candidate is elected at the primary election.
(c) Following the general election if the candidate is elected at the general election.
(2) If the secretary of state cannot immediately determine which office and term of office to which a newly elected official has been elected, the secretary of state shall not certify any candidate for the postponed election until the general election has been held. Following the general election, the secretary of state shall promptly certify the name of any candidate elected at the postponed election to the appropriate official named in Subsection A of this Section.
D. If the secretary of state receives a proclamation calling a special election in accordance with the provision of R.S. 18:583(A), prior to certifying a candidate's name as required by this Section, the secretary of state shall not be required to certify the name of the candidate as being elected to the office.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978. Amended by Acts 1977, No. 523, §1, eff. Jan. 1, 1978; Acts 1978, No. 292, §1, eff. July 6, 1978; Acts 1978, No. 630, §1; Acts 1978, No. 720, §2, eff. July 17, 1978; Acts 1980, No. 444, eff. July 21, 1980; Acts 1986, No. 815, §1; Acts 1996, 1st Ex. Sess., No. 23, §§1, 2; Acts 2004, No. 526, §2, eff. June 25, 2004.