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HB 359

ELECTIONS/CANDIDATES: Provides relative to the death of a candidate for a party primary office who is not affiliated with a major political party (EN NO IMPACT See Note)

2026 Regular Session Introduced by Beau Beaullieu

If a non-major-party candidate dies after qualifying for a party primary, their name must not appear on the general election ballot and votes for them are void.

Effective date: 06/03/2026.
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Bill Summary · HB 359

Summary of HB 359 (2026, Louisiana)

Purpose and intent

HB 359 adds a provision related to the death of a candidate for a party primary office who is not affiliated with a major political party, after the close of the qualifying period. The bill aims to clarify how such a death affects ballot printing and vote counting in the general election.

Key provisions

  • Adds new provision: R.S. 18:410.8(C)

    • If a person qualifies as a candidate under current law for a non-major-party (minor party/independent) candidate in a party primary, and that candidate dies after the close of the qualifying period, the candidate’s name shall not be printed on the general election ballot.
    • If the deceased candidate’s name is nonetheless printed on the general election ballot, any votes cast for the deceased candidate shall be void and shall not be counted for any purpose.

  • Amendments to implement and cross-reference

    • The bill discusses insertion of related text to include 18:410.9(C) in conjunction with existing law (410.8(C)).
    • Section 1 of the bill establishes the language for new 410.9, which concerns nomination of candidates in a party primary, the general election, and unopposed candidates, and clarifies certain election outcomes when a candidate dies.

  • Retains present law

    • The bill explicitly retains the existing rules for qualifying for the general election for non-major-party candidates and who may sign nominating petitions.

Who is affected

  • Candidates:

    • Non-major-party (not affiliated with a major political party) candidates who qualify for a party primary.
    • If such a candidate dies after the close of the qualifying period, their name must not appear on the general election ballot.

  • Electors and votes:

    • Votes cast for a deceased candidate on the general election ballot would be void and not counted.

  • Election officials:

    • Must ensure that the deceased candidate’s name is not printed on the general election ballot; if printed, they must treat votes for the deceased candidate as void.

Procedural and timeline aspects

  • Effective scope:

    • Applies only after the close of the qualifying period for a candidate who qualified under existing Louisiana law for non-major-party nominees.

  • Process changes:

    • Requires ballot printing decisions to exclude the name of any candidate who dies post-qualifying.
    • Provides clarity on the treatment of votes for a deceased candidate (they are void and not counted).

  • Status and history:

    • Introduced and amended in the 2026 Regular Session.
    • Passed the Senate on final passage with unanimous votes (as of the provided action history) and moved from House to Senate for concurrence on amendments.

Notes

  • The bill adds a narrowly scoped safeguard to ensure accurate ballot content and vote counting in cases where a non-major-party candidate dies after qualifying.
  • The changes do not alter the qualifications or nomination rules themselves, beyond the post-qualifying death scenario.

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

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