Image

Explaining the Constitutional Amendments

Since the dawn of civilization, people have looked to their political officials and asked; What, exactly, is it that you do? While this guide might not answer every one of your questions about what, exactly, your elected officials are responsible for, it will (we hope) give you some clarity on the various offices that are supposed to represent your interests at the state and local level, and the responsibilities that are supposed to go with those offices.

On the December 7 Runoff Ballot you can anticipate voting on four constitutional amendments. In addition to knowing about the candidates you support and why, we want to help ensure you feel confident to vote all down the ballot. Make your voice heard as we head to the polls to decide on what should be changed in our state constitution.

Governor
 As the head of the executive branch, the Governor is the highest state office in Louisiana. Elected every four years, and limited to two consecutive terms, the Governor leads the Governor’s office and all departments therein.

Responsibilities
Maybe the most notable part of the Governor’s job is signing legislation into law or vetoing legislation. But the Governor also submits a proposed budget to the legislature (which serves as a statement of principles, i.e., a set of priorities), and he or she can create executive orders that impact state policy.

The Governor also appointments and removes people to and from appointed positions, makes an address at the beginning of regular legislative sessions, serves as Commander in Chief of all the armed forces of the state, and is able to declare states of emergency.
Lieutenant Governor
Although the Lieutenant Governor is officially second-in-command of the executive branch, the office doesn’t come with a lot of responsibilities in terms of policy. The office is up for election every four years.

Responsibilities
While serving as the commissioner of the Louisiana Department of Culture, Recreation, and Tourism, most of the Lieutenant Governor’s work comes in promoting Louisiana to the rest of the country and the world. They also take on other duties as assigned by the Governor, and stand in as Governor in the event of a vacancy or if the current Governor is out of state.
Secretary of State
As the chief election officer of Louisiana, the Secretary of State oversees several administrative and archival duties, including acting as the state’s head election officer, overseer of state archives, manager of business registration in the state, keeper of the great seal of the state of Louisiana and, finally, the overseer of several state museums.

Responsibilities
That’s a lot of responsibilities for one office, but the Secretary of State is probably best known as the head election officer for Louisiana. That means they are responsible for qualifying certain candidates, preparing and certifying ballots for all elections in the state, tabulating, and verifying election results. They are also central to the effort to maintain the integrity and security of Louisiana’s voting system.

The Secretary of State also administers election laws, except for those regarding voter registration and custody of voting machines, and is responsible for the proper and lawful regulation and registration of businesses in Louisiana.

Proposed Constitutional Amendment 1

Act 405 (2024 Regular Session) - Proposing to amend Article V, Section 25(C) and to add Article V, Section 25(A)(4) of the Constitution of Louisiana, relative to the judiciary commission; to require the judiciary commission to conduct certain investigations; to provide for membership of the judiciary commission; to specify an election for submission of the proposition to electors; and to provide a ballot proposition.

Do you support an amendment to allow the Supreme Court to sanction a judge upon an investigation by the Judiciary Commission, and provide that the recommended sanction shall be instituted by the Judiciary Commission or by a majority of the Supreme Court, and to provide for the appointment of five members of the judiciary commission? (Amends Article V, Section 25(C); adds Article V, Section 25(A)(4)).


The Judiciary Commission of Louisiana makes recommendations to the Supreme Court about the disqualification, censure, suspension, involuntary retirement, or removal of judges due to a variety of reasons. It currently has nine members, all of who serve four-year terms, and includes three judges selected by the Supreme Court, three attorneys selected by the Conference Court of Appeal Judges, and three citizens selected by the Louisiana District Judges Association.

This amendment would add five new members: two chosen by the Speaker of the House of Representatives, two chosen by the Senate President, and one chosen by the Governor. This would make this commission much more political and remove barriers to checks of power between branches of government. This amendment would require an investigation to take place before there can be any disciplinary action for judges and would add “malfeasance while in office” to the list of reasons for disciplinary action. Further, it would remove the confidentiality of the investigative proceedings.

A yes vote would add five political appointees to the Judiciary Commission of Louisiana, add “malfeasance while in office” to the list of reasons for disciplinary actions, and remove confidentiality of investigations.

A no vote would keep the current members of the commission without any new appointments, keep the confidentiality of investigations, and not add “malfeasance while in office” to the list of reasons for investigations.

VOTE NO

Proposed Constitutional Amendment 2

Act 406 (2024 Regular Session) - Proposing to add Article III, Section 16(F) of the Constitution of Louisiana, to provide relative to consideration of appropriations bills; to provide for time periods and required information relative thereto; to provide for submission of the proposed amendment to the electors; and to provide for related matters.

Do you support an amendment to require that the legislature wait for at least forty-eight hours prior to concurring in a conference committee report or amendments to a bill appropriating money? (AddsArticle III, Section 16(F)).

This amendment would add a 48 hour waiting period before legislators in one branch can vote to approve a bill that was changed in the other branch. Additionally, it would add a 48 hour waiting period for amendments to bills that allocate state money. This would give legislators more time to read the changes that were passed in the other branch.

A yes vote would: add a 48 hour waiting period before legislators in one branch can vote to approve a bill that was changed in the other branch, and require legislators to wait 48 hours before voting on bills that decide how to spend state money.

A no vote would: keep current rules for the legislative branch which allows branches to vote on bills as soon as they can, even without enough time for all legislators to read the bills.

VOTE NO

Proposed Constitutional Amendment 3

Act 407 (2024 Regular Session) - Proposing to amend Article III, Section 2(A)(3)(a) and (4)(a) of the Constitution of Louisiana and to add Article III, Section 2(A)(5) of the Constitution of Louisiana, relative to regular sessions of the legislature, to allow the legislature to extend a regular session for a limited time period for a specific purpose; to provide for submission of the proposed amendment to the electors; and to provide for related matters.

Do you support an amendment to allow the legislature to extend a regular session in increments of two days up to a maximum of six days if necessary to pass a bill appropriating money? (Amends Article III, Sections 2(A)(3)(a) and (4)(a); Adds Article III, Section 2(A)(5)).

Currently, the constitution prohibits the legislature from meeting beyond scheduled dates of their legislative session. This means if there are bills that have not moved forward, the legislature is unable to move them from their last action and in a new legislative session, the process for a bill would start again. This amendment would allow the legislature to extend its regular legislative session by two day increments, up to six days, to pass a bill that appropriates state money.

A yes vote would: allow the legislature to extend the regular legislative session by 2 days at a time to pass a bill that allocates state money.

A no vote would: keep current rules for the legislative branch which does not allow the legislature to extend its regular session, even if there are bills that have not been passed.

VOTE NO

Proposed Constitutional Amendment 4

Act 409 (2024 Regular Session) - Proposing to amend Article VII, Section 25 of the Constitution of Louisiana, relative to ad valorem tax; to provide for the administration of tax sales of immovable property; to provide for the postponement of taxes under certain circumstances; and to specify an election for submission of the proposition to electors and provide a ballot proposition.

Do you support an amendment to eliminate mandatory tax sales for nonpayment of property taxes and require the legislature to provide for such procedures by law; to limit the amount of penalty and interest on delinquent property taxes; and to provide for the postponement of property tax payments under certain circumstances? (Amends Article VII, Section 25).

Currently in Louisiana, if property taxes are not paid at the end of the year that taxes are due, local parish government can put a lien on the property and auction it at a tax sale and the proceeds of the sale are applied to unpaid taxes on the property. This amendment would allow the state legislature to postpone property tax payments when there is a declared emergency or allow the tax collector to waive penalties for a good cause.

A yes vote would: allow the state legislature to postpone property tax payments when there is a declared emergency or allow the tax collector to waive penalties for a good cause.

A no vote would: keep current rules for property taxes, allowing the local parish government to put a lien on the property and auction it at a tax sale, even during declared emergencies.

VOTE NO

Attorney General
The Attorney General serves a four-year term, is the chief legal officer of the state, and is the head of the Louisiana Department of Justice.

Responsibilities
The office of the Attorney General manages hundreds of lawyers within the state and provides legal representation to the state. It also enforces state law, ensures that the state itself is following state and federal laws, and is in compliance with federal law, and conducts public education programs.
State Treasurer
The State Treasurer serves as the chief custodian of the state’s Treasury and is the state’s head banker. The Treasurer serves a four-year term.

Responsibilities
The Treasurer receives and deposits state monies, manages investments, and keeps track of budget surpluses and deficits, and must ensure that the state has enough money to pay all of its bills on time.

The Treasurer is also the head of the Treasury Department, which serves as the “central bank” of Louisiana and is where public money for state government is deposited and withdrawn. Additional duties include leading the State Bond Commission and overseeing the Unclaimed Property Division of the Treasury, which is responsible for returning lost money to its rightful owner.
Commissioner of Insurance
The Commissioner of Insurance is the head of the Louisiana Department of Insurance (LDI), and is elected every four years. The LDI contains the Office of Consumer Advocacy and the Division of Diversity & Opportunity, and is made up of the following boards and commissions: Louisiana Health Care Commission, Louisiana Property & Casualty Commission, Louisiana Auto Theft & Insurance Fraud Prevention Authority.

Responsibilities
The LDI regulates the insurance industry according to state law, educates consumers, and advocates for consumer protections. It also reports to the state legislature, which can affect the insurance industry and, in turn, consumers. Another important role of this agency is running the Senior Health Insurance Information Program, which helps senior citizens better understand Medicare coverage options and benefits to make more informed decisions.

You can go to the LDI website to lodge consumer complaints, and they publish resources and updates for consumers.
Commissioner of Agriculture and Forestry
The Commissioner of Agriculture and Forestry leads the Louisiana Department of Agriculture and Forestry. The Commissioner is elected every four years and is not subject to term limits.

Responsibilities
The Louisiana Department of Agriculture and Forestry is responsible for administering the programs and enforcing the regulations that impact every aspect of the state’s agriculture and forestry, including agricultural chemistry programs, horticulture programs, pesticide and environmental programs, conservation, seed programs, animal health, food safety, forestry, and medical marijuana.

These programs are intended to ensure food safety in Louisiana and that the environment remains suitable for continued growth of the state’s economy.
BESE--Louisiana State Board of Elementary and Secondary Education
BESE is made up of 11 members, eight are elected from the BESE districts, and the other three are appointed by the Governor and confirmed by the State Senate. BESE members elect a president, vice president, and secretary-treasurer from its membership.

The members are also divided into four separate committees: Administration and Finance, Educator Effectiveness, Academic Goals and Instructional Improvement, School Innovation and Turnaround. Each committee considers issues within its specific subject area and then makes recommendations to the Board as a whole.

Responsibilities BESE has the responsibility for governing all Louisiana elementary and secondary schools; special schools for the deaf, blind, and physically handicapped; and educational units within the state’s correctional institutions and mental facilities. There are also Task Forces/Commissions and Advisory Councils within BESE.

BESE has the authority to create policies that govern the statewide operations of public and non-public schools, to administer the budget for educational programs and services at those schools, and to conduct administrative hearings to resolve any conflict concerning its policies and actions. Some of the many specifically defined duties assigned to this board by law include approval of certification requirements, policies for assessment and evaluation of teachers, administrators and students, approval of textbooks, and administering the state’s charter school program.
State Senator
Your State Senator is elected by voters in your senate district to represent that district in the state legislature. There are 39 senators in the Louisiana legislature, and each senate district contains an average of approximately 116,000 people. Elections to the Senate occur every four years, and senators are limited three four-year terms (12 years).

Responsibilities The primary duties of a state senator are creating, debating, and voting on legislation that either makes new laws or modifies existing ones. Legislation must be approved by the Senate, as well as the House of Representatives, before being signed into law by the Governor.

The laws either created or modified by the state legislature are an important addition to the laws that must be followed at the local level as well as at the federal level.
State Representative
Your State Representative is elected by voters in your district to represent the district in the state legislature. There are 105 representatives in the Louisiana legislature, each of whom represents approximately 42,500 people. Members serve four-year terms with a term limit of three terms (total 12 years).

Responsibilities
Primary duties of a State Representative are creating, debating, and voting on legislation that either makes new laws or modifies existing ones. Legislation must be approved by the State House of Representatives, as well as the State Senate, before being signed into law by the Governor of the state.

The laws either created or modified by the state legislature are an important addition to the laws that must be followed at the local level as well as at the federal level.
Sheriff
The Sheriff’s office in your parish provides law enforcement, detention, court security, and homeland security services within that parish. It also enforces state law within the parish and maintains the parish prison.

The Sheriff has an influential role in providing a fair and responsible police force that citizens can rely on to provide equitable justice regardless of our individual characteristics (such as race, religion, sexual orientation, and gender identity).