On May 16, the Louisiana State Senate amended SB 53 and passed it 30-2. The original bill set up a closed primary system for congressional elections. The amended bill is entirely different. It restores Louisiana congressional elections to the schedule used between 1978 and 1996. All candidates run in October, and if anyone polls 50% or more, that person is deemed elected and no November election is held. If no one gets 50% in October, a run-off is held in November.

This is very odd behavior on the part of the State Senate, since the system SB 53 sets up was thrown out by the US Supreme Court in Foster v Love, 522 US 67 (1997), a unanimous decision. The US Supreme Court decision was based on the fact that an old federal law tells the states to hold their congressional elections in November. SB 53 tries to avoid the legal problem by saying that even when the first round in October produces a winner, the “winner” is not “declared elected” until November. This is laughable. The US Supreme Court decision said, “When the federal statutes speak of the election of a Senator or Representative, they plainly refer to the combined actions of voters and officials meant to make a final selection of an officeholder.” Holding an election in October but pretending that it didn’t happen until November is playing make-believe. It will be interesting to see what happens in the Louisiana House. In recent years, the Louisiana House has been friendly to closed primaries, whereas the Louisiana Senate has been the bastion of support for the non-partisan “top two” system.