Laws governing local ballot measures in Louisiana
Louisiana Constitution |
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Some Louisiana local governments have an initiative process for local ballot measures. This article sets out the laws governing local ballot measures in Louisiana. It explains:
- Which local units of government make the initiative process available to residents.
- How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
- An overview of laws governing local recall elections.
Types of local government
According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 60 counties, 304 cities, towns, and villages, and 101 special districts.[1]
Four parishes—Orleans, Terrebonne, East Baton Rouge, and Lafayette—operate as a consolidated government with municipalities.
School districts
Louisiana requires ballot propositions for elections that involve bond issues, special school taxes, and retailing consumption taxes to fund education. All of Louisiana's requirements for ballot propositions involving bond issues, special school, and retailing consumption taxes are protected in the Louisiana Constitution. Louisiana is very restrictive on when school districts can place ballot propositions and the allowable dates depend on the year of the election.
Local recall
The citizens of Louisiana are granted the authority to perform a recall election by the Section 26 of Article 10 of the Louisiana Constitution.
Louisiana is one of nine states with provisions that say that the right of recall extends to recalling members of its federal congressional delegation, but it hasn't been clear whether federal courts would allow states to actually recall their federal politicians.
- For additional detail see: Laws governing recall in Louisiana
Initiative process availability
- The power and process of petitioning for the amendment of charters is mandated by state law for all 23 home-rule counties and all 31 home-rule cities, towns, and villages.
- Approximately 15 of the chartered counties had explicit provisions for initiative and referendum for ordinances in their charters.
- Approximately 15 of the chartered cities, towns, and villages had explicit provisions for initiative and referendum for ordinances in their charters.[2]
Ballot Law Portal |
Laws Governing Ballot Measures |
Authority
Constitution
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There is no mention of Initiative and Referendum powers for ordinances in the State Constitution, but some local governments reserve that power in their charters.
Statutes
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There is no mention of Initiative and Referendum powers for ordinances in the State Statutes, but home rule charters of some local governments do reserve that power.
Initiative process features
A guide to local ballot initiatives | |
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Counties: There are 64 parishes in Louisiana. 41 of them are general law parishes and 23 have home rule charters.[5]
Municipalities. There are 303 municipalities in Louisiana. 272 of them are general law cities, towns or villages. 31 have home rule charters.
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Initiative and Referendum for Ordinance
- Counties: Of the 23 counties that have home rule charters 6 counties were sampled and 4 of the 6 had initiative and referendum for ordinances explicitly in their charters. All of those had restrictions about taxes, appropriation of money and salaries of officials. The number of signatures required for a petition was generally 10%.[7][5]
- Municipalities: Of the 31 charter municipalities, 10 were sampled and 5 out of the 10 had initiative and referendum powers for ordinances explicitly in their charters. 4 of these 5 had restrictions on the use of initiative and referendum for taxes, appropriating money, and salaries of elected officials. The number of signatures required for the petition was generally 10%.[8][5]
Local I&R Laws in the 50 States |
Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns |
Initiative process in the top 10 most populated cities
Below are the individual city processes for initiative and referendum.
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External links
- Louisiana Initiative and Referendum Laws Research Document
- Louisiana State Statutes
- Local Government Types and Numbers Research Spreadsheet
Footnotes
- ↑ U.S. Census Bureau, "2022 Census of Governments – Organization," accessed October 16, 2023
- ↑ Ballotpedia, "Types & #s of local government by state," September 2012
- ↑ 3.0 3.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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- ↑ Louisiana State Statutes RS 18:3
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- ↑ 9.0 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 US Census, "Annual Estimates of the Resident Population for Incorporated Places in Louisiana: April 1, 2010 to July 1, 2019," accessed October 30, 2014
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