In Louisiana, legislatively referred amendments are the only form of statewide direct democracy available for the purposes of this report. The legislature designates the timing of the election in the underlying resolution, which must receive the support of a 2/3 supermajority. The legislature is also charged with drafting the ballot language. The full text of the proposed amendment is made available to voters, and the Secretary of State also drafts an explanatory statement that is posted publicly. State law provides for judicial review of the submission of a proposed amendment to voters.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Louisiana
Louisiana does not have statewide initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Louisiana voters. La. Const. art. XIII, § 1.
Election Timing
A proposed amendment must first be approved by 2/3 of the members elected to each house of the legislature, whether at a regular or special session, and is also subject to certain prefiling requirements. La. Const. art. XIII, § 1(A)(1). The joint legislative resolution must specify the statewide election at which the proposed amendment will be submitted to voters, which may be a special election. Id.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a proposed amendment to the Louisiana Constitution must contain the following information.
- Full text of the proposed amendment. Const. art. XIII, § 1(B)– (C).
- Ballot title, including a brief summary of the proposed changes (200 words or less). La. Rev. Stat. 18:1299.1(A).
- The title must be “comprised of simple, unbiased, concise, and easily understood language and be in the form of a question.”
- The title is drafted by the legislature, but the Secretary of State is responsible for ensuring that the language complies with statutory requirements. See Const. art. XIII, § 1(B); La. Rev. Stat. § 18:1299.1(B).
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
The Secretary of State is responsible for two publications.
- Between 30 and 60 days before the election, each proposed amendment—including the ballot title and full text—must be published in the official journal of each parish. Const. art. XIII, § 1(A)(1).
- The Secretary of State must also publish on its website an explanatory statement on the scope and nature of each proposed amendment. La. Rev. Stat. § 18:431(C). The contents of this statement are discussed below.
Voter Information Pamphlet
As noted, the Secretary of State must publish on its website an explanatory statement on the scope and nature of each proposed amendment to the state constitution.
- The statement is drafted by the Secretary of State and approved by the Attorney General. See Rev. Stat. § 18:431(C).
- The statement must be in simple, unbiased, concise, and easily understood language. Id.
- In addition to being posted online, the statement must be distributed to localities before instructional courses for election officials are offered. See id. 18:552(A)(2).
JUDICIAL REVIEW
When and how can the court step in?
Louisiana law provides that an election contest to any proposed amendment to the state constitution may be brought against the Secretary of State. La. Rev. Stat. § 18:1402(B)(1)(a); see also id. § 18:1403. Any eligible voter may also apply for injunctive relief to prohibit the placing of a proposition on the ballot if notice is not timely received by the Secretary of State. La. Rev. Stat. § 18:1300(C)(3).
Sample case: Shepherd v. Schedler, 209 So. 3d 752 (La. 2016) (finding that an amendment to the state constitution was not validly adopted when the language presented to voters was not the precise language adopted by the legislature; language presented to voters did not incorporate certain provisions that had been accepted and enacted by the legislature via amendment to the underlying resolution), aff’d on reh’g No. 2015CA1750, slip op. (La. May 2, 2016) (per curiam).