Louisiana Voters Considering Constitutional Changes that Expand Legislative Power

Louisiana voters will decide this week whether to add four amendments to the state constitution, several of which would expand the power of the state legislature. The proposed changes involve judicial elections, the creation of specialty trial courts, state taxes, and punishment for juveniles convicted of crimes.

Election Day is March 29, but early voting has begun. Voter turnout for the election is expected to be as low as 10 percent. Each of the amendments was referred to the ballot by the state legislature, as Louisiana’s constitution does not allow citizens to place initiatives on the ballot themselves. Below is a summary of each of the proposed changes.

Lawyer Discipline and Specialized Trial Courts

Amendment 1 involves two distinct issues. First, it would add language to the constitution that authorizes the state supreme court to discipline out-of-state lawyers for “unethical legal practices in the state of Louisiana.” The state supreme court already, through law and state rules, has the power to discipline lawyers, local or not, who practice in the state. According to the nonpartisan group Public Affairs Research Council of Louisiana, the proposal is a response to a Houston-based law firm filing more than 1,500 insurance-related lawsuits in the state after recent hurricanes.

Critics of Amendment 1 have said the attorney discipline portion is meant “to distract” from the rest of the amendment’s language, which goes on to empower the state legislature to “establish trial courts of limited and specialized jurisdiction.” Judges for the courts would be elected.

The legislature currently has the power to create specialized trial courts, like drug courts or courts for veteran affairs, but that power is restricted to courts for a specific parish or judicial district. The amendment would expand that power to allow creation of specialized courts that are statewide or regional. Creation of such courts requires a two-thirds approval by both houses of the state legislature.

Supporters of the amendment say allowing creation of new courts, such as a business-focused court, would lessen the burden on current state courts. Opponents counter that it could result in creation of courts to remove power from judges out-of-favor with the legislature and that the language is too vague to offer understanding of what courts could be created and how they would be run.

Taxes and Teacher Pay

Amendment 2 has been called a proposed “overhaul” of the Louisiana tax code. Though the amendment is only a paragraph on the ballot, implementation would involve a 115-page bill and additional shorter bills. If the amendment passes, changes would include a lower cap on the individual income tax rate that lawmakers can charge; an increased standard deduction for seniors; removal from the constitution of certain property tax benefits for some nonprofit organizations; creation of restrictions on the state’s general fund spending; expanded access for lawmakers to certain state trust funds; and requiring school districts to raise teacher pay, among many other components.

The Republican governor favors the amendment. A Democratic lawmaker called its language misleading. “We’re saying yes, teachers, you will get this $2,000 increase,” she told local news media. “But we will be repealing three” education trust funds to help provide for it. Currently, investment earnings from the trust funds are distributed to public school and higher education programs.

Treating Juveniles as Adults in the Criminal Justice System

Amendment 3 would give the state legislature the power to expand the list of felonies for which children under 17 years old can be tried as adults. The state constitution allows a juvenile to be charged as an adult for 16 felony crimes, including first-degree murder, aggravated rape, and aggravated burglary. If voters approve the amendment, the legislature could add crimes to the list without having to change the constitution.

While the governor and the Louisiana District Attorneys Association support giving the legislature this leeway, multiple groups from across the political spectrum have criticized the amendment, including the state American Civil Liberties Union and retired state juvenile justice and prison officials. Several opponents cited research on child brain development as a reason to lessen rather than increase punishments for youth offenders, as other states have recently done.

Timing of Judicial Elections

Amendment 4 provides for the “use of the earliest election date to fill judicial vacancies.”

Currently, the state constitution requires the governor to call a special election to fill a judgeship or judicial vacancy within 12 months of the vacancy unless the vacancy occurs in the last year of the scheduled term. Recent changes to the state’s primary system include a switch to closed primaries for state supreme court races starting in 2026, in which candidates of the same party will run against each other to qualify for the general election ballot. Because the new system requires a primary candidate to win more than 50 percent of the vote to move to the general election, it could result in more frequent run-off elections and make meeting that 12-month requirement difficult.

Amendment 4 would require elections for judicial vacancies to be held on the same day as the next gubernatorial or congressional election, if such an election is scheduled to take place within 12 months of the opening, the Public Affairs Research Council explains. If there is no gubernatorial or congressional election within that time period, the judicial race will take place on the same day as the next already-scheduled election within the required 12-month timeframe.

Proponents say aligning any necessary judicial election with the next upcoming election could save money. Opponents counter that the amendment isn’t necessary because such special elections are rare. Further, they argue, the recent primary change would affect only state supreme court vacancies and the legislature should just adjust the new primary laws to accommodate the 12-month requirement.

An organization called Vote No on All Y’all told the local National Public Radio station they fear the change will result in important judicial elections being held during low-turnout elections — if there is no upcoming gubernatorial or congressional election date, the judicial vacancy may be considered on the same day as a much lower-profile election — meaning a small number of Louisianans would be voting for the important position of supreme court justice.

Erin Geiger Smith is a writer and editor at the Brennan Center for Justice.

Suggested Citation: Erin Geiger Smith, Louisiana Voters Considering Constitutional Changes that Expand Legislative Power, Sᴛᴀᴛᴇ Cᴏᴜʀᴛ Rᴇᴘᴏʀᴛ(Mar. 25, 2025), https://statecourtreport.org/our-work/analysis-opinion/louisiana-voters-considering-constitutional-changes-expand-legislative