Saturday 30 September 2006

Louisiana - Open Primary (Special Election)

Polling hours are 6:00a CDT (1100 UTC) to 8:00p CDT (0100 UTC).

for Secretary of State: Since no candidate received 50% of the vote in the Saturday 30 September 2006 primary, a 7 November runoff election will be held between the two highest vote getters: "Jay" Dardenne (29%) and Francis Heitmeier (27%).

for Commissioner of Insurance: Insurance Commissioner James J. "Jim" Donelon has been elected with 50% of the vote.

Results from a media source.
Returns from an official source.

A Special Election for these offices, an "Open Primary" will be held on the Legislature-determined date of Saturday 30 September 2006: if a candidate receives 50% or more of the vote for that office only, that candidate will be declared elected on 30 September: otherwise, there will be a runoff on Tuesday 7 November, the same date as the Federal "Open Primary".

LOUISIANA "OPEN" PRIMARY

Louisiana is unique among the States of the American Union because it holds a so-called "Open Primary" [this is the term used in the Louisiana Election Law- not to be confused with an "open"- as opposed to a "closed"- primary re: voter eligibility], in which all candidates for a given office run "all up", that is together- regardless of political party- on a single ballot and, therefore, on a theoretically non-partisan basis [though they are permitted to indicate their political party affiliation on the ballot, if they so desire]: where a candidate wins a majority of the votes in this "Open Primary", he or she is "declared elected"; if not, the top two vote-getters among all the candidates "run off" in a subsequent election

Louisiana inaugurated this "Open Primary" for its State Elections in 1975 and then first applied it to elections for the U.S. Senate and U.S. House of Representatives in 1978. As originally applied to these Federal offices, the "Open Primary" was held in mid-to- late September or (later) early October and any "runoff"- if necessary- was held on the same day as the General Election [the first Tuesday after the first Monday in November] throughout the USA; the Federal courts, however, have voided- at least insofar as the election of Federal officials is concerned- these earlier dates formerly used for this "Open Primary" as being in violation of Federal Law, which requires that all elective Federal officers- including the U.S. Senators and U.S. Congressmen from Louisiana- be elected, across the USA, on the first Tuesday after the first Monday in November [the potential for candidates being declared "elected" on an earlier date than this- in those cases where no runoff would be required- was held to be out of compliance with this Federal statute: this ruling, by the way, has no effect on the scheduling of the "Open Primary" as regards Louisiana's State and Local Elections].

As a result, Louisiana was- beginning with the 1998 Federal Elections- now required, by court order, to hold its "Open Primary" for Federal elective officers from the State on the same day as the General Election across the USA and, thus, any runoffs resulting therefrom must be held at a date subsequent to that of the November General Election (so far, on the Saturday 4 1/2 weeks after the Tuesday on which the November General Election is held).

In 2005, the Louisiana State Legislature changed the "Open Primary" schedule. This new legislation (which was intended to apply to Federal elections as well as State elections) scheduled a primary on Saturday 30 September 2006 with the General Election/Runoff coinciding with General Election Day throughout the USA on Tuesday 7 November 2006 (essentially, the State was attempting to revive the schedule it had been forced by court order to abandon after the 1996 Federal Elections). On 23 January 2006, U.S. District Court Judge Frank Polozola ruled that Louisiana cannot hold its "Open Primary" for Federal office on 30 September 2006 for the same reasons as those which had led to the original Federal court decision.

Thus, the "Open Primary" for U.S. House of Representatives in the 110th Congress is scheduled to be held on the court-ordered date of Tuesday 7 November 2006: if no candidate receives 50% of the vote, a runoff is to be held between the top two candidates on Saturday 9 December 2006. This latest Federal court ruling, however, does not at all affect State elections- therefore, in the Special Election for the office of Louisiana Secretary of State, the "Open Primary" will be held on the Legislature-determined date of Saturday 30 September 2006: if a candidate receives 50% or more of the vote for that office only, that candidate will be declared elected on 30 September: otherwise, there will be a runoff for Secretary of State on Tuesday 7 November, the same date as the Federal "Open Primary".

SB 18 changes the Congressional candidate nomination process effective 1 January 2007. It passed the state House on 15 June 2006, the state Senate on 16 June 2006, and was signed by Governor Kathleen Blanco on 23 June 2006.

SB 18:

Partisan candidates run in a Congressional First Party Primary to be held the first Saturday in September. Each recognized party would run a slate of candidates. If a candidate receives more than 50% of the vote, that candidate receives his or her party's nomination otherwise, the top two vote getters proceed to a Congressional Second Primary (a runoff) held the first Saturday in October.

Each party's discretion, voter eligibility in this partisan primary would be either closed (party members only) or modified open (party members and independents). As of June 2006, the Democratic, Republican, Libertarian, Green, and Reform parties are recogized.

Each party's nominee along with independent candidates (qualified by petition) would run in the November General Election. The candidate receiving the most votes is elected.

Text of SB 18 for the Lousiana Legislature