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Bill

SB 397

ELECTED OFFICIALS: Provides for vacancies caused by retirement, resignation, or removal from elected office. (8/1/26)

2026 Regular Session Introduced by Mike Reese

Prohibits a retiring, resigning, or removed official from being appointed to or running for the same office to fill the vacancy they created ( Judgeships exempt).

Effective date 8/1/2026.
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WeVote Research Nonpartisan
Bill Summary · SB 397

Summary of Bill SB 397 (Louisiana, 2026)

Purpose and Intent

  • Establishes rules governing vacancies in elected offices when an official retires, resigns, or is removed.
  • Specifically adds a prohibition on the same individual who retired, resigned, or was removed from an elected office from being appointed to, or qualifying for election to, the same office to fill that vacancy.
  • Clarifies that the new provision does not apply to judgeships and does not affect the Louisiana Supreme Court’s constitutional authority to appoint sitting or retired judges.

Effective date: August 1, 2026

Key Provisions

  • Adds a new provision to R.S. 18:586(C) addressing vacancies caused by retirement, resignation, or removal.
  • Prohibition scope:
    • An official who has retired, resigned, or been removed from state or local elective office cannot be appointed to succeed themselves in the same office for the vacancy they created.
    • An official who has retired, resigned, or been removed cannot be eligible to be a candidate in an election called to fill that vacancy, with exceptions limited to the legal defects in removal (as currently allowed by existing law).
  • Exceptions:
    • The provision explicitly states it does not apply to judgeships.
    • It preserves the constitutional authority of the Louisiana Supreme Court to appoint sitting or retired judges to any court, unaffected by this statute.

Who Is Affected

  • Elected officials at state or local levels who retire, resign, or are removed.
  • Election processes that would fill vacancies created by such retirements/resignations/removals.
  • Political or appointment processes for offices other than judgeships.

Procedural and Timeline Details

  • The measure adds the new prohibition as part of the vacancy provisions in the Louisiana Revised Statutes.
  • The effective date is August 1, 2026, meaning the rule would apply to vacancies occurring on or after that date.
  • The bill includes technical amendments and clarifications but does not alter the existing framework for judicial appointments, aside from explicitly excluding judgeships from this provision.

Practical Implications

  • Reduces the potential for a former official to immediately reclaim the same office after leaving it.
  • Might influence selection timelines for filling vacancies, as those eligible to be appointed or to run for the vacancy could be limited by the new prohibition.
  • Fiduciary and governance considerations for counties and parishes, as well as state agencies, may adjust how vacancies are filled when incumbents retire, resign, or are removed.

If you’d like, I can highlight potential scenarios or provide a brief comparison with current law to illustrate how the changes would operate in practice.

Compiled from official sources — confirm details with the bill’s official record.

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