§ La. R.S. 18:602(untitled)

Vacancies in certain local and municipal offices; exceptions
A. When a vacancy occurs in the office of a member of a parish or municipal governing authority
or a combination thereof, a mayor, or any other local or municipal office, except an office covered by
Subsections B and C of this Section and except the office of judge, state legislator, or marshal of a city or
municipal court, and the office is filled by election wholly within the boundaries of a local governmental
subdivision, the governing authority of the local governmental subdivision where the vacancy occurs shall
within twenty days appoint a person to fill the vacancy who meets the qualifications of the office. However,
if the deadline for making the appointment falls on a Saturday, Sunday, or other legal holiday, then the next
day which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day for making such
appointment. The presiding officer of the governing authority shall not be required to vote on such an
appointment to be made by the governing authority of a local governmental subdivision unless a tie vote
occurs thereon, in which case he shall vote to break the tie; however, in no case shall the presiding officer
vote more than once on the appointment.
B. When a vacancy occurs in the membership of a city or parish school board, the remaining
members of the board shall within twenty days declare that the vacancy has occurred and proceed to appoint
a person who meets the qualifications of the office to fill the vacancy. However, if the deadline for making
the appointment falls on a Saturday, Sunday, or other legal holiday, then the next day which is not a
Saturday, Sunday, or legal holiday shall be deemed to be the final day for making such appointment. For the
purposes of this Subsection, in addition to the definition of "vacancy" provided in R.S. 18:581, a "vacancy"
in a city or parish school board office shall be deemed to have occurred when, in the case of a city school
board, a member's residence no longer lies within the jurisdiction of the board or when, in the case of a parish
school board, a member changes his domicile from the district he represents or, if elected after
reapportionment, is domiciled outside the district he represents at the time he is sworn into office, any
declaration of retention of domicile to the contrary notwithstanding.
C.(1) When a vacancy occurs in any of the following offices, the duties of the office shall be
assumed by the person hereinafter designated: (a) district attorney, by the first assistant; (b) clerk of a district
court, by the chief deputy; (c) coroner, by the chief deputy; (d) sheriff, by the chief criminal deputy, except
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that in a parish that has both a civil sheriff and a criminal sheriff, the civil sheriff by the chief civil deputy,
and the criminal sheriff, by the chief criminal deputy, respectively; and (e) tax assessor, by the chief deputy
assessor.
(2)(a) If there is no such person to assume the duties when the vacancy occurs, the governing
authority or authorities of the parish or parishes affected shall within twenty days appoint a person having
the qualifications of the office to assume the duties of the office. However, if the deadline for making the
appointment falls on a Saturday, Sunday, or other legal holiday, then the next day which is not a Saturday,
Sunday, or legal holiday shall be deemed to be the final day for making such appointment.
(b) If the vacancy in the office of sheriff occurs after a regularly scheduled election for the office
of sheriff but prior to the beginning of the term and there is no chief deputy sheriff as provided in Paragraph
(1) of this Subsection to assume the duties of the office, the parish governing authority may appoint the
person who was elected to the office of sheriff in the regular election to assume the duties of the office in
the manner provided in Subparagraph (a) of this Paragraph.
D. If a vacancy is not filled within the time specified in Subsection A, B, or C of this Section, the
governor shall fill the vacancy.
E.(1)(a) If the unexpired term of an office covered by Subsection A of this Section is eighteen
months or less, the person appointed to fill the vacancy or designated to assume the duties of the office shall
serve for the remainder of the unexpired term.
(b) If the unexpired term of an office covered by Subsection B or C of this Section is one year or
less, the person appointed to fill the vacancy or designated to assume the duties of the office shall serve for
the remainder of the unexpired term.
(c) If any member of a parish or city school board is removed or suspended from office pursuant to
the provisions of R.S. 42:1411, except in the parish of Jefferson, the person appointed to fill the vacancy or
to perform the official acts, duties, and functions of that office during the period of suspension shall be
eligible in the next election as a candidate for the office to which he is appointed.
(d) If a sheriff is removed or suspended from office pursuant to the provisions of R.S. 42:1411 or
1412 and a person is appointed to assume the duties of the office pursuant to Subparagraph (C)(2)(b) of this
Section, the person so appointed shall be eligible in the next election as a candidate for the office to which
he is appointed.
(2)(a) If the unexpired term of an office covered by Subsection A of this Section exceeds eighteen
months or the unexpired term of an office covered by Subsection B or C of this Section exceeds one year,
the governing authority of the local governmental subdivision in which the vacancy occurs, or the school
board when the vacancy occurs in its membership, or the governor when a vacancy occurs in the office of
district attorney or in an office for which there is not a single governing authority or as provided in
Subsection F of this Section, within twenty days after the vacancy occurs, shall issue a proclamation ordering
a special election to fill the vacancy and shall specify in the proclamation, in accordance with R.S. 18:402,
the dates on which the primary and general elections shall be held and, in accordance with R.S. 18:467 and
468, the dates of the qualifying period for candidates in the special election. However, if the deadline for
issuing the proclamation falls on a Saturday, Sunday, or other legal holiday, then the next day which is not
a Saturday, Sunday, or legal holiday shall be deemed to be the final day for issuing such proclamation. In
selecting the dates for such special elections, the governing authority or school board as the case may be, may
choose a gubernatorial or congressional election date, if such date is available within eighteen months of the
occurrence of the vacancy for an office covered by Subsection A of this Section or within a year of the
occurrence of the vacancy for an office covered by Subsection B or C of this Section or may select an
election date in accordance with R.S. 18:402. In the cases in which the governor has the authority to select
the date for such special elections, the governor shall first choose a gubernatorial or congressional election
date. If no such date is available within eighteen months of the occurrence of the vacancy for an office
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covered by Subsection A of this Section or within a year of the occurrence of the vacancy for an office
covered by Subsection B or C of this Section, the governor shall then select an election date in accordance
with R.S. 18:402. If the governing authority or school board fails to issue the proclamation within twenty
days after the vacancy occurs, the governor shall issue the proclamation.
(b) Immediately thereafter the governing authority or the school board or, if the governor issued the
proclamation, the secretary of state shall publish the proclamation in the official journal of each parish in
which the election is to be held.
(c) Within twenty-four hours after issuing the proclamation, the authority or authorities ordering the
special election shall send a copy of the proclamation, by certified or registered mail, to the clerk of the
district court for the parish in which the vacancy occurred. If the vacancy occurred in the parish of Orleans,
the copy of the proclamation shall be so mailed to the clerk of the criminal district court. If the vacancy
occurs in an office which affects more than one parish, a copy of the proclamation shall at the same time be
so mailed to the clerk of each of the parishes. A copy of the proclamation also shall be mailed to the
secretary of state at the same time and in the same manner.
(d) Within twenty-four hours after he receives the copy, the secretary of state shall notify all election
officials having any duty to perform in connection with a special election to fill such vacancy, including the
parish boards of election supervisors for the parish or parishes in which the vacancy occurred.
(3) The special election shall be held, without the necessity of a call by the governor, except in the
case of a vacancy in the office of district attorney. When a special election is required, the appointee or
person designated to assume the duties of the office shall serve only until the successor is elected and takes
office.
(4) If the unexpired term of a parish or municipal office covered by Subsection A of this Section
is eighteen months or more, but the vacancy occurs within eighteen months of the regularly scheduled
primary election for that office, no special election will be called, and the appointee shall serve for the
remainder of the term of office.
(5) If the unexpired term of an office covered by Subsection B of this Section is one year or more
and the vacancy occurs within one year of the first election at which a redistricting plan adopted following
the most recent federal decennial census is to be utilized, no special election will be called and the appointee
shall serve the remainder of the term of office.
F. Whenever multiple vacancies in a local or municipal governing authority or in a school board
covered by Subsection A or B of this Section reduce the membership of such governing authority or board
below the number of total members required to constitute a quorum to conduct official business, the
remaining members shall immediately inform the governor of the existence of the vacancies. Within twenty
days after he receives this notice, the governor shall make appointments to fill all the vacancies and shall
issue a proclamation calling special elections to fill such vacancies if special elections are required under the
provisions of this Section. However, if the deadline for making the appointment or issuing the proclamation,
if applicable, falls on a Saturday, Sunday, or other legal holiday, then the next day which is not a Saturday,
Sunday, or legal holiday shall be deemed to be the final day for making such appointment or issuing such
proclamation.
G. The provisions of this Section shall apply to all local governmental subdivisions, including those
operating under the provisions of a legislative charter, but shall not apply where the filling of a vacancy
otherwise is provided for by the constitution or by the home rule charter or home rule plan of government
of the affected local governmental subdivision. Such constitutional home rule plan provisions shall govern
the filling of the vacancies, except that the provisions of R.S. 18:402 shall apply to the time and manner of
calling the special elections to fill the vacancies.