The Pelican Institute’s Recommendations for the December 7 Ballot
It’s late November in Louisiana and temperatures are finally starting to cool. Thanksgiving is this week, and holiday party invitations are starting to arrive. And although it feels like the November 5 election was yesterday, Louisianans will soon return to the polls to vote on four proposed constitutional amendments. As you’re researching delicious side dish recipes for your Thanksgiving feast or making your Black Friday game plan, take a few minutes to learn about what’s on your December ballot. Read on for the Pelican Institute’s recommendations on the four proposed constitutional amendments.
Constitutional Amendment 1 proposes changes to to the judiciary commission. The judiciary commission is charged with investigating judges for misconduct and making disciplinary recommendations to the Louisiana Supreme Court, which may act on the commission’s recommendations.
The proposed changes expand the number of members of the judiciary commission from nine to fourteen and allows the Louisiana Supreme Court to ask the judiciary commission to initiate an investigation. The amendment allows the Legislature and the governor to appoint five members of the commission, who may be laypersons or members of the legal community. Currently, the Court cannot take disciplinary action against a judge without a recommendation from the commission.
The proposed amendment is an attempt to address a lack of transparency in the judicial disciplinary process. Advocates for change have long complained that the process for disciplining or removing a judge for bad conduct on or off the bench is opaque and too time consuming. Furthermore, the amendment provides the Louisiana Supreme Court with more influence during the disciplinary process. This change is important because the Court is responsible for regulating lawyers and the legal profession. The Court can observe concerning conduct that may go unnoticed by the public.
The public is entitled to a more transparent judicial disciplinary process than the Constitution currently allows, and a constitutional rewrite should carefully consider this article in a way that better protects the public and the integrity of our courts; however, constitutional amendment 1 is an improvement on the status quo.
The Pelican Institute recommends a YES vote on Amendment 1.
Constitutional Amendment 2, if passed, would require the Louisiana State Legislature to allow forty-eight hours of review time prior to giving final approval to legislation appropriating money after amendments have been made. It also requires that lawmakers be provided a summary document detailing the proposed changes.
This amendment is a response to complaints from lawmakers and the public that dozens of amendments to budget bills are added in the waning hours of the legislative session, giving lawmakers minutes to skim the changes before having to vote. In 2023, the Louisiana House of Representatives was forced to vote on a $52 billion budget in the final minutes of the Regular Session after the Senate made significant changes to the bill.
The Pelican Institute recommends a YES vote on Amendment 2. The proposed changes provide lawmakers with more time to understand revisions to budget bills before it is time to vote. They also incentivize lawmakers to think carefully about the budget and end their session on time.
Amendment 3 is a companion to Amendment 2, and the Pelican Institute encourages a YES vote for the same reasons.
Amendment 3 provides the total length of a legislative session in even and odd numbered years. The proposed changes provide the Legislature with flexibility to extend the number of days of the session in increments of two calendar days if necessary to pass an appropriations (budget) bill. The two additional days allow for the forty-eight-hour cooling off period provided by Amendment 2. During that time, the Legislature may only consider appropriations bills, and no session can be extended more than six calendar days.
CA No. 4: Provides relative to the administration of tax sales of immovable property
Finally, Amendment 4 addresses tax sales of immovable property. Currently, a local government can sell property to collect on delinquent taxes. In Louisiana, there are many properties where there is no clear title to ownership. As a result, tax sales have occurred where not all the interested parties who must be legally notified of a sale can be informed. Recent U.S. Supreme Court cases have questioned the constitutionality of this process, and Amendment 4 was proposed to rectify this situation. The proposed amendment shifts Louisiana from a tax sale process to a tax lien auction process created by the Legislature. In other words, rather than obtaining the property itself through a tax sale, an investor obtains a lien on the property and can recover the debts owed but would not initially own the property itself.
The proposed amendment simplifies the Constitution by moving the new process to the Louisiana Revised Statutes. Further, it allows the government to collect only the taxes and penalties it is owed and prevents it from taking advantage of a windfall that could result from a high sale price.
Generally, the Pelican Institute supports efforts to streamline the Constitution and remove excess detail. Allowing the Legislature to simplify a complex process is in line with this goal; therefore, the Pelican Institute encourages you to vote YES on this amendment.
Early voting is November 22 through 30 (excluding November 24, November 28, and November 29), and election day is Saturday, December 7. You can find your early voting and election day polling locations and your sample ballot at the Louisiana Secretary of State’s website or by using the Geaux Vote app. The Secretary of State’s office also prepared a summary of the amendments as well as the language you will see on your ballot.
