Louisiana Revised Statutes 18:461 – Manner of qualifying
Terms Used In Louisiana Revised Statutes 18:461
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Conviction: A judgement of guilt against a criminal defendant.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
A.(1) A person who desires to become a candidate in a primary election shall qualify as a candidate by timely filing notice of his candidacy, which shall be accompanied either by a nominating petition or by the qualifying fee and any additional fee imposed and shall provide proof of identity in the form of a valid Louisiana driver’s license or Louisiana identification card issued by the Department of Public Safety and Corrections. A candidate whose notice of candidacy is accompanied by a nominating petition shall not be required to pay any qualifying fee or any additional fee. A candidate serving in the armed forces of the United States who is stationed or deployed outside of the United States shall not be required to pay any qualifying fee or any additional fee.
(2) The notice of candidacy may be filed in any of the following ways:
(a) In person by the candidate.
(b) By certified mail or commercial carrier, provided the notice is received within the qualifying period provided by law by the qualifying official.
(c) By an agent on behalf of the candidate.
(d) By facsimile or electronic mail if filed by a candidate serving in the armed forces of the United States who is stationed or deployed outside of the United States.
(3) No person, whether or not currently registered as a voter with the registrar of voters, shall qualify to become a candidate if he is under an order of imprisonment for conviction of a felony.
(4)(a) If a notice of candidacy is filed pursuant to Paragraph (2)(a) of this Subsection, the qualifying official shall compare the name and address on the proof of identity with the information on the notice of candidacy, shall make a notation in the database of the secretary of state if the address on the proof of identity is different than the address on the notice of candidacy, and shall return the proof of identity to the candidate.
(b) If a notice of candidacy is filed pursuant to Paragraph (2)(b) or (d) of this Subsection, a copy of the candidate’s proof of identity shall be sent to the qualifying official with the notice of candidacy. The qualifying official shall compare the name and address shown on the copy of the proof of identity with the information on the notice of candidacy, shall make a notation in the database of the secretary of state if the address on the copy of the proof of identity is different than the address on the notice of candidacy, and shall destroy the copy of the proof of identity.
(c)(i) If a notice of candidacy is filed pursuant to Paragraph (2)(c) of this Subsection, a copy of the candidate’s proof of identity shall be provided by the agent to the qualifying official with the notice of candidacy. The qualifying official shall compare the name and address shown on the copy of the candidate’s proof of identity with the information on the notice of candidacy, shall make a notation in the database of the secretary of state if the address on the copy of the candidate’s proof of identity is different than the address on the notice of candidacy, and shall destroy the copy of the candidate’s proof of identity.
(ii) In addition, the agent shall provide proof of his identity in the form of a valid Louisiana driver’s license or Louisiana special identification card issued pursuant to La. Rev. Stat. 40:1321 to the qualifying official. The qualifying official shall compare the name and address shown on the agent’s proof of identity with the information on the agent’s affidavit and shall return the agent’s proof of identity to the agent.
(5) When the address on the proof of identity of a candidate is different than the candidate’s address on the notice of candidacy, the secretary of state shall make a notation that there is a difference on any list on his website which contains the name of the candidate.
B. When a candidate has filed multiple notices of candidacy for election to more than one office at the same election, which multiple candidacies would be in violation of La. Rev. Stat. 18:453, the candidate shall be disqualified as a candidate in all the primary and general elections for all but the last of such offices for which he filed notices of candidacy. The secretary of state shall include the name of the candidate on the ballot for election to the last of such offices for which the candidate filed notices of candidacy and to no other such office for which dual candidacy would be prohibited.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978. Amended by Acts 1979, No. 229, §1, eff. July 13, 1979; Acts 1984, No. 672, §1; Acts 1988, No. 140, §1, eff. Jan. 1, 1989; Acts 1999, No. 254, §1, eff. Jan. 1, 2000; Acts 2001, No. 47, §1; Acts 2006, No. 598, §1; Acts 2012, No. 778, §1, eff. June 12, 2012; Acts 2014, No. 63, §1, eff. May 16, 2014; Acts 2020, No. 312, §1, eff. Jan. 15, 2021.