A bill by New Orleans Senator Royce Duplessis would convert the Louisiana Insurance Commissioner's position from an elected post to an appointed job. The state constitution says the position is an elected job. So does that mean voters will see a constitutional amendment on the ballot?
No.
Although the state constitution requires the insurance commissioner to be elected, it also provides lawmakers an avenue to make the change without getting voter approval.
"There actually is a provision in the constitution, Article 4, Section 20, that, by title, insurance commissioner, provides for what an exception for what they are trying to do," LAPolitics.com publisher Jeremy Alford said. "Article 4, Section 20 gives the legislature the ability, by law, by two-thirds vote of both chambers for the appointment in lieu of election."
Four positions are named in that section of the Louisiana Constitution: insurance commissioner, agriculture commissioner, superintendent of education, and elections commissioner. Previous state legislatures took advantage of Article 4, Section 20 twice before. In 1985, the legislature approved a measure to make the superintendent of education a position appointed by the Board of Elementary and Secondary Education. In 2001, lawmakers approved a bill folding making the commissioner of elections an appointed post in the Secretary of State's Office.
"In both of those instances, lawmakers chose to add in statute the ability for the governor to appoint these positions," Alford said. "Both of those functions have been folded into existing state departments, and both remain in the constitution in Article 4 as part of the executive branch."
Even if the bill is approved, it would not take effect until 2028. That means voters would elect the insurance commissioner in the 2027 statewide election.
