§ La. R.S. 18:583(untitled)

Procedure for anticipated vacancies
A.(1) The authority required by law to call a special election to fill a vacancy in an office shall issue
a proclamation ordering a special election to be held to elect a person to fill the full term of an office when
it becomes certain, after the election for the term but prior to its commencement, that a vacancy will exist
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R.S. 18:586
on the day when the term of the office commences as provided by the constitution or by law. The
proclamation ordering the special election shall state the dates, in accordance with R.S. 18:402, on which
the primary and general elections will be held.
(2) It shall become certain that a vacancy will exist on the day the term of office commences when
the person elected to the office dies, makes a declaration to the secretary of state that he will not accept the
office, or is disqualified by a court of competent jurisdiction.
B.(1) The declaration provided for herein shall be in writing and shall be signed by the official-elect
and duly acknowledged by him before an officer authorized to administer oaths.
(2) The secretary of state shall immediately transmit notice of such declarations to the authority
required by law to make the appointment to fill the vacancy and to the authority required by law to call the
election to fill the vacancy if said authority is not the same as the authority required to make the appointment.
(3) Such declaration shall become irrevocable when received by the secretary of state, at which time
an anticipated vacancy shall be deemed to have occurred.
C. When an elected official has properly tendered a notice of retirement or resignation which
specifies a prospective effective date, an anticipated vacancy shall be deemed to have occurred on the date
the notice of retirement or resignation becomes irrevocable. However, no special election shall be called to
fill the anticipated vacancy if there is one year or less, or with respect to the office of state legislator six
months or less, remaining between the prospective effective date contained in the notice of retirement or
resignation and the end of the term of office of the resigning official.
D.(1) An appointment to fill an anticipated vacancy shall be made at the time the office is actually
vacated and such appointment shall be made in accordance with the provisions of law applicable to the filling
of vacancies in the affected office. An appointment to fill an anticipated vacancy that is made prior to the
time the office is actually vacated is premature and without effect.
(2) A special election to fill an anticipated vacancy shall be called in accordance with the provisions
of law applicable to the filling of vacancies in the affected office except the proclamation calling the special
election shall be issued after an anticipated vacancy is deemed to have occurred. In determining the dates
to be used to call the special election, the provisions of R.S. 18:402 shall apply.