Voters leave the Bricolage Academy gym after casting their ballots in New Orleans, Tuesday, Nov. 5, 2024. (Matthew Perschall for Louisiana Illuminator)
Louisiana residents will vote on four state constitutional amendments in the Dec. 7 election. They involve judicial discipline, the state budget process and property tax debt.
The final day of the early voting period is Saturday, after observing the Thanksgiving holiday Thursday and Friday. Polls will open from 7 a.m. to 8 p.m. Dec. 7.
For a more detailed explanation of the constitutional amendments, read the Public Affairs Research Council of Louisiana (PAR) voter guide. The following summaries are partially based on PAR’s research.
Amendment 1 – Judicial discipline
This amendment would give the governor and Louisiana Legislature some influence over the discipline of state judges. The Louisiana Supreme Court would also get the authority to reprimand judges without outside input.
Allegations of judicial misconduct are currently handled by a nine-member judiciary commission. The commission reviews complaints and investigates alleged inappropriate behavior by judges and then makes discipline recommendations to the Louisiana Supreme Court when necessary. Justices cannot reprimand a judge unless it receives a recommendation from the commission.
Amendment 1 would put appointees from the governor and legislators on the commission for the first time.
The nine-member commission is currently made up of three judges the Louisiana Supreme Court chooses, three attorneys picked by state appellate judges; and three people who are not judges, attorneys or elected officials that state district court judges select.
Under the amendment, five more appointments would be added to the commission – two from the state House speaker, two from the Senate president and one from the governor. The commission would grow from nine to 14 members.
There are no requirements for these appointments from legislative leaders and the governor. Unlike the others, none have to be attorneys or judges, and they could be elected officials if desired.
Under the amendment, the Supreme Court would also be able to reprimand judges without a recommendation from the judicial commission for the first time. The justices would also be given more flexibility for applying discipline.
Among the biggest proponents of the amendment is Laura Cannizzaro Rodrigue, a former prosecutor and daughter of former Orleans Parish District Attorney Leon Cannizzaro. Rodrigue is also an ally of Gov. Jeff Landry and the founder of the conservative group Bayou Mama Bears, which challenged mask and vaccine mandates during the COVID-19 pandemic.
Rodrigue has asserted the constitutional amendment would allow the Supreme Court to punish judges she perceives to be too lenient on people accused of crimes.
Critics of the measure, including former judiciary commission members, say the amendment would inject too much political pressure into the process.
The proposal is similar to others Landry has pushed to give the governor more influence over state government.
Amendment 2 – Budget approval wait time
This amendment would require the Louisiana Legislature to wait 48 hours when changes are made to state budget legislation to take final votes on those bills.
Legislative rules already require a similar 48-hour waiting period, but it is easily and often waived with a majority vote in each chamber. This constitutional requirement could not be scuttled.
The amendment would not only require a 48-hour waiting period but also that lawmakers receive a summary report that explains changes made to the bills at least 48 hours in advance.
The proposal is a response to the end of the 2023 regular legislative session, in which a $52 billion rewritten state budget was rammed through the Legislature less than 30 minutes after it was released publicly. Most lawmakers said they didn’t understand what the plan contained, and mistakes were made in its drafting that had to be corrected later.
Amendment 3 – Lawmakers’ extension to pass the state budget
This amendment would allow legislators to extend a regular legislative session up to six days just to pass the state budget bills.
The proposal is a companion piece to Amendment 2, which requires a 48-hour waiting period between budget changes and final votes on the plan.
Currently, when the Legislature fails to pass an annual budget by the end of its regular session, state lawmakers or the governor have to call a special session to resolve the matter. At that point, legislators are required to have the budget bills rerun through the entire legislative process, including public hearings and committee votes.
This amendment would allow the legislators to avoid an extra special session and a repeat of the preliminary steps of the budget process if they weren’t able to wrap up negotiations by the final deadline. Instead, they would get a few extra days to vote on the final budget plan.
Amendment 4 – New process for local property tax debt
This amendment would change the process local governments use to seize property when an owner’s property tax debt is overdue.
Currently, people who have not paid taxes on their property risk having it auctioned in a “sheriff’s sale.” However, property owners have up to three years to reclaim their parcel if they are able to pay their delinquent taxes, interest and associated penalties.
This process is unusual and possibly illegal following a 2023 U.S. Supreme Court ruling that outlawed a similar procedure in Minnesota. The applicable state law hasn’t been challenged in court yet, but the Louisiana Law Institute, a nonpartisan think tank, believes it is vulnerable to being declared unconstitutional, according to PAR.
Companion legislation that has already been approved would establish a longer process for seizing and selling property if the amendment is approved. The delinquent taxpayer would have more time to prevent the property from being taken from them.
This proposal would also remove much of the process for dealing with property debt from the state constitution altogether, so legislators could make adjustments more easily in the future.
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