Louisiana Amendment 4, Use Earliest Election Dates for Filling Judicial Vacancies Amendment (March 2025)
| Louisiana Amendment 4 | |
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| Election date |
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| Topic State judicial selection |
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| Status |
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| Type Legislatively referred constitutional amendment |
Origin |
Louisiana Amendment 4, the Use Earliest Election Dates for Filling Judicial Vacancies Amendment, was on the ballot in Louisiana as a legislatively referred constitutional amendment on March 29, 2025.[1] It was defeated.
A "yes" vote supported providing that judicial vacancies should be filled in a special election at the earliest available date pursuant to state law, and shall be held at the next gubernatorial or congressional election if the election is within 12 months of the date the vacancy occurred, rather than current law, which provides for calling a special election within 12 months after the day the vacancy occurs. |
A "no" vote opposed requiring judicial vacancies to be filled in a special election at the earliest available date pursuant to state law, thereby retaining current law, which provides for calling a special election within 12 months after the day the vacancy occurs. |
Election results
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Louisiana Amendment 4 |
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|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 229,620 | 36.38% | ||
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401,524 | 63.62% | ||
Overview
What would the amendment have done?
- See also: Text of measure
The amendment would have provided that judicial vacancies should be filled by calling a special election at the earliest available date pursuant to state law. As the time of the election, the state constitution required the governor to call a special election within 12 months after the day the vacancy occurred.[1]
The amendment would have required the special election to fill a judicial vacancy to take place at the next gubernatorial or congressional election if such an election was scheduled to be held within 12 months of the date a judicial vacancy occurred.[1]
The Louisiana Supreme Court appoints a person qualified to hold the office to serve the remainder of the term after a vacancy occurs until an election is held. The appointed person is ineligible to run for the office.[1]
Special elections scheduled in Louisiana to fill a judicial vacancy
On August 4, 2024, Louisiana Supreme Court Justice James Genovese (R) stepped down as an associate justice, two years before his term was originally scheduled to end. Genovese announced that he was taking the position of president of Northwestern State University following his retirement from the state supreme court.[2]
Genovese was first elected to the Louisiana Supreme Court 3rd District in 2016. Justices of the Louisiana Supreme Court are elected to 10-year terms, meaning the last time Genovese was on the ballot was 2016.
Genovese's replacement was scheduled to be chosen in a 2025 special election. After the filing deadline passed, only one candidate, Cade Cole (R), qualified to appear on the ballot, canceling the primary scheduled for March 29, 2025. Cole was sworn in on March 10, 2025.
Do other states use special elections to fill judicial vacancies?
- See also: Partisan elections of judges
The partisan election of judges is a selection method where judges are chosen through elections where they are listed on the ballot with an indication of their political affiliation.
As of April 2024, eight states (Alabama, Illinois, Louisiana, New Mexico, North Carolina, Ohio, Pennsylvania, and Texas) used this method at the state supreme court level. Twenty-two states used this selection method for at least one type of court below the supreme court level.
Text of measure
Constitutional changes
- See also: Article V, Louisiana Constitution
The measure would have amended Section 22(B) of Article V of the Louisiana Constitution. The following underlined text would have been added and struck-through text would have been deleted.[1]
(B) Vacancy. A newly-created judgeship or a vacancy in the office of a judge shall be filled by special election called by the governor and held within twelve months on the election date first available pursuant to applicable law after the day on which the vacancy occurs or the judgeship is established, except when the vacancy occurs in the last twelve months of an existing term. If the date of the next gubernatorial or congressional election is within twelve months of the date when the vacancy occurred, then the special election shall be held at the next gubernatorial or congressional election, if the special election can be held on that date in accordance with applicable law. Until the vacancy is filled, the supreme court shall appoint a person meeting the qualifications for the office, other than domicile, to serve at its pleasure. The appointee shall be ineligible as a candidate at the election to fill the vacancy or the newly-created judicial office. No person serving as an appointed judge, other than a retired judge, shall be eligible for retirement benefits provided for the elected judiciary.[3]
Support
Supporters
Officials
- State Sen. Jay Morris (R)
- State Rep. Dixon McMakin (R)
Organizations
Arguments
Opposition
Say No! to Them All led the campaign in opposition to the four measures on the March 2025 ballot.[4]
Opponents
Organizations
Arguments
Campaign finance
Vera Institute of Justice Inc. registered to oppose Amendment 4 and three other amendments on the March 2025 ballot. The committee reported $559,674.75 in contributions. It is unknown how much was spent on each measure individually.[5]
Ballotpedia did not identify committees registered to support Amendment 4.
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Oppose | $559,674.75 | $0.00 | $559,674.75 | $559,674.75 | $559,674.75 |
| Total | $559,674.75 | $0.00 | $559,674.75 | $559,674.75 | $559,674.75 |
Opposition
The following table includes contribution and expenditure totals for the committee in opposition to Amendment 4.[5]
| Committees in opposition to Amendment 4 | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| Vera Institute of Justice Inc. | $559,674.75 | $0.00 | $559,674.75 | $559,674.75 | $559,674.75 |
| Total | $559,674.75 | $0.00 | $559,674.75 | $559,674.75 | $559,674.75 |
Donors
Following are the top donors to the committee.
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| Vera Institute of Justice Inc | $449,639.75 | $0.00 | $449,639.75 |
| ACLU of Louisiana | $25,000.00 | $0.00 | $25,000.00 |
| Foundation for Louisiana | $25,000.00 | $0.00 | $25,000.00 |
| Louisiana Center for Children's Rights | $20,000.00 | $0.00 | $20,000.00 |
| Navigation Charitable Fund | $20,000.00 | $0.00 | $20,000.00 |
Methodology
To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.
Media editorials
- See also: 2025 ballot measure media endorsements
Support
Opposition
You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org.
Background
Louisiana Supreme Court justice vacancy (August 2024)
On August 4, 2024, Louisiana Supreme Court Justice James Genovese (R) stepped down as an associate justice, two years before his term was originally scheduled to end. Genovese announced that he was taking the position of president of Northwestern State University following his retirement from the state supreme court.
Genovese was first elected to the Louisiana Supreme Court 3rd District in 2016. Genovese ran against Marilyn Castle, a 15th Judicial District judge who served from 1999 to 2023. Both candidates were registered Republicans. Genovese won the seat with 51% of the vote. The election was for an open seat held by Justice Jeannette Theriot Knoll (D), who served on the state supreme court from 1997 until her term ended in 2016.
Justices of the Louisiana Supreme Court are elected to 10-year terms, meaning the last time Genovese was on the ballot was 2016. After the filing deadline passed, only one candidate, Cade Cole (R), qualified to appear on the ballot, canceling the primary scheduled for March 29, 2025. Cole was sworn in on March 10, 2025.
Judicial offices in Louisiana
In Louisiana, judges for all courts in the state are selected through partisan elections. Under the Louisiana majority-vote system, all candidates running for state office appear on the same ballot in either October (in odd-numbered years) or November (in even-numbered years), regardless of their partisan affiliations. If a candidate wins a simple majority of all votes cast, he or she wins the election outright. If no candidate wins a majority, the top two finishers, regardless of their partisan affiliations, advance to a second election in December.
Partisan elections of judges
- See also: Partisan election of judges
The partisan election of judges is a selection method where judges are chosen through elections where they are listed on the ballot with an indication of their political affiliation.
As of April 2024, eight states, including Louisiana, used this method at the state supreme court level, and 22 states used this selection method for at least one type of court below the supreme court level.
Supreme Court partisan elections
At the state supreme court level, the following states use this selection method: Alabama, Illinois, Louisiana, New Mexico, North Carolina, Ohio, Pennsylvania, and Texas.
The map below highlights selection methods in state supreme courts across the country.
Intermediate appellate and general jurisdiction courts
The chart below details selection methods at these court levels across the country.
| Judicial selection methods in intermediate appellate and general jurisdiction courts[6] | ||||||
|---|---|---|---|---|---|---|
| Partisan election | Nonpartisan election | Gubernatorial appointment | Legislative election | Assisted appointment | Combination of assisted appointment and other methods | |
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| Total: 9 states | Total: 16 states | Total: 4 states | Total: 2 states | Total: 14 states & D.C. | Total: 9 states | |
Louisiana Supreme Court
- See also: Louisiana Supreme Court
The seven justices on the Louisiana Supreme Court are selected through partisan elections. Justices are elected to 10-year terms and must face re-election if they wish to serve again.
Unlike most states, supreme court justices in Louisiana are elected to represent specific districts. The seven justices are divided evenly among seven supreme court districts (not to be confused with the 42 divisions of the district courts) and are voted into office by the residents of their respective regions.[7] Only the states of Illinois, Kentucky, and Mississippi use a similar system.
To serve on this court, a judge must be:
- licensed to practice law in the state for at least ten years;
- a resident of the district representing for at least one year;
- under the age of 70 at the time of election (judges who turn 70 in office may serve until their term expires)[8][9]
Louisiana Circuit Courts of Appeal
- See also: Louisiana Circuit Courts of Appeal
The 53 justices on the Louisiana Circuit Courts of Appeal are elected in partisan elections. Justices serve 10-year terms and must run for re-election if they wish to continue serving on the court.
To serve on this court, a judge must be:
- licensed to practice law in the state for at least ten years;
- a resident of the district representing for at least one year;
- under the age of 70 at the time of election (judges who turn 70 in office may serve until their term expires)[8][9]
Louisiana District Courts
- See also: Louisiana District Courts
The judges on the Louisiana District Courts are elected in partisan elections. Judges serve six-year terms and must run for re-election if they wish to continue serving.[8]
To serve on this court, a judge must be:
- licensed to practice law in the state for at least eight years;
- a resident of the district represented for at least one year; and
- under the age of 70 at the time of election (judges who turn 70 in office may serve until their term expires)[8][9]
Limited jurisdiction courts
Louisiana has six types of limited jurisdiction courts: family courts, juvenile courts, parish courts, city courts, mayor's courts, and justice of the peace courts.[10][11][12]
Judges for these courts are elected to six-year terms, except for judges of the Louisiana Mayor's Courts, which are are selected in varying manners for varying term lengths depending on the municipality.
Vacancies in Louisiana Supreme Court
Per Article V of the Louisiana Constitution, midterm vacancies are to be temporarily filled by the remaining members of the supreme court. Within one year of the opening, a special election (called by the governor, preferably on the date of a preexisting gubernatorial or congressional election) is to be held. If the supreme court has appointed a successor, that appointee may not run for the seat in the special election.[8][13] The justice elected at the special election will serve the remainder of the unexpired term.[14][15]
State supreme court vacancies
The process for filling vacancies on state supreme courts varies among states. In most states, the governor appoints a replacement justice, either outright or with assistance from a nominating commission. The most common reasons for a vacancy on a state supreme court include reaching the mandatory retirement age, retiring before the end of a term, death, or appointment to another office.
- Seventeen states fill vacancies on the state supreme court through direct gubernatorial appointment;
- Twenty-nine states fill vacancies through a gubernatorial appointment with assistance from a nominating commission;
- Two states (South Carolina and Virginia) fill vacancies through legislative appointments;
- In Illinois, the state supreme court nominates a replacement justice; and
- In Louisiana, voters elect a replacement in a special election.
The map below highlights how vacancies are filled in state supreme courts across the country.
Path to the ballot
- See also: Amending the Louisiana Constitution
In Louisiana, a two-thirds vote is needed in each chamber of the Louisiana State Legislature to refer a legislatively referred constitutional amendment to the ballot for voter consideration.
This amendment was introduced as Senate Bill 5. It was passed in the Senate by a vote of 29-7 on November 14, 2024. It was amended in the House on November 22 and passed in a vote of 72-25. The Senate concurred with the amendments on the same day in a vote of 28-10.[1]
Learn more about the ballot measures PDI →
| Votes Required to Pass: 70 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 72 | 25 | 8 |
| Total % | 68.6% | 23.8% | 7.6% |
| Democratic (D) | 2 | 25 | 5 |
| Republican (R) | 69 | 0 | 3 |
| Independent (I) | 1 | 0 | 0 |
| Votes Required to Pass: 26 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 28 | 10 | 1 |
| Total % | 71.8% | 25.6% | 2.6% |
| Democratic (D) | 0 | 10 | 1 |
| Republican (R) | 28 | 0 | 0 |
How to cast a vote
- See also: Voting in Louisiana
See below to learn more about current voter registration rules, identification requirements, and poll times in Louisiana.
See also
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External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 Louisiana State Legislature, "Senate Bill 5," accessed November 11, 2024
- ↑ University of University Louisiana System, "James Genovese named 21st president of Northwestern State University," July 18, 2024
- ↑ Note: This text is quoted verbatim from the original source.
- ↑ No To Them All, "Home," accessed March 21, 2025
- ↑ 5.0 5.1 Louisiana Ethics Commission, "Vera Institute of Justice Inc Campaign Finance Reports," accessed March 31, 2025
- ↑ States may use different selection methods for different courts in their state; in such cases, a state is listed for each selection method use for intermediate appellate and general jurisdiction courts.
- ↑ Louisiana Supreme Court, "Maps of Judicial Districts," accessed May 6, 2014
- ↑ 8.0 8.1 8.2 8.3 8.4 American Judicature Society, "Methods of Judicial Selection: Louisiana; Selection of Judges," archived October 2, 2014
- ↑ 9.0 9.1 9.2 NOLA.com, "Lawmakers fail to pass amendment eliminating mandatory retirement age of judges," archived March 9, 2016
- ↑ American Judicature Society, "Methods of Judicial Selection: Louisiana; Limited Jurisdiction Courts," archived October 2, 2014
- ↑ Louisiana.gov, "Judicial Branch," accessed September 17, 2021
- ↑ Louisiana State Bar Association, "Court Structure," accessed July 22, 2015
- ↑ Louisiana Supreme Court, "Henry Julien v. The Honorable W. Fox McKeithan," accessed May 6, 2014
- ↑ Louisiana Revised Statutes "RS 13:101.1," accessed July 13, 2016
- ↑ Leagle, "Marcelle v. DeCuir," September 21, 1995
- ↑ Louisiana Secretary of State, "FAQ: Voting on Election Day," accessed August 15, 2024
- ↑ Louisiana Secretary of State, "Vote on Election Day," accessed August 15, 2024
- ↑ 18.0 18.1 18.2 Louisiana Secretary of State, "Register to Vote," accessed August 15, 2024
- ↑ WWNO, "Louisiana now requires proof of citizenship to vote, but hasn’t issued any guidance," January 15, 2025
- ↑ Louisiana Secretary of State, "Louisiana Voter Registration Application," accessed June 30, 2025
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ 22.0 22.1 Louisiana Secretary of State, "Vote on Election Day," accessed October 6, 2025
