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Louisiana’s constitutional convention could still go forward, even if bill doesn’t pass

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Louisiana’s constitutional convention could still go forward, even if bill doesn’t pass

May 22, 2024 | 1:32 pm ET
By Julie O'Donoghue
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Louisiana’s constitutional convention could still go forward, even if bill doesn’t pass
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Senate President Cameron Henry said a constitutional convention could still be held in August, even if lawmakers fail to pass the constitutional convention bill.

Don’t count out that constitutional convention just yet, even if lawmakers fail to pass the bill to call the convention. 

Senate President Cameron Henry, R-Metairie, said legislators might still convene an August convention to revise the state’s foundational governing document, regardless of whether the convention proposal, House Bill 800, gets approved before the Legislature must adjourn June 3.

“[Lawmakers] haven’t shut the door on it completely yet,” Henry said in an interview with reporters Tuesday. 

Lawmakers could hold meetings in June and July to explore what might happen in a convention to revise the 50-year-old state constitution. Then, they could schedule a special legislative session in August to quickly approve a bill to establish a constitutional convention that would convene later that month, Henry said.

Alternatively, the legislators could also come back into an August special legislative session to take up individual amendments that target the areas of the constitution they want to change, he said. Under that scenario, lawmakers wouldn’t open up the entire constitution for alterations, but only specific areas they agree to discuss ahead of time. 

These two workarounds appear to be a response to state senators’ resistance to committing to a constitutional convention in the next couple of weeks. By not making a decision on whether to call the convention until later this summer, lawmakers would give themselves and the public more time to get comfortable with the proposal, Henry said. 

Gov. Jeff Landry made a constitutional convention a central part of his legislative agenda this spring, but he’s struggling to get the overwhelming support he needs from the Legislature to hold one.

The Louisiana House of Representatives agreed earlier this month to call a constitutional convention in August, but the Senate hasn’t even been willing to schedule a vote on the matter yet.

“There is no need to tie our hands to a date” for the convention, Henry said.  

Senators haven’t been given details about what the governor hopes to accomplish in a convention. Landry has refused to say what his specific goals would be, and he also hasn’t shared a lot of information about how the convention would function. 

In general, Landry has said changes to the constitution are needed to provide more flexibility to the state’s budget and tax structure, though he has declined to give examples about what budgeting and tax practices he would want to change.

Louisiana is facing a large budget deficit next year, after an automatic state sales tax cut takes place in July 2025. The increased budget and tax flexibility would make that shortfall easier to handle, Landry said. 

At a rally last week, the governor also mentioned that some budget changes might make it easier to pay for his proposal to use public money for children’s private school tuition, but he did not explain what other government funds might be targeted. 

The governor and his supporters have also refused to declare certain areas of the constitution off limits to changes, even when they don’t fundamentally have to do with budget and taxes. This includes the state court system and civil service, which is supposed to insulate state workers from the political pressure of elected officials.

Henry was asked if he knew what Landry wanted to accomplish during a convention. 

“No. No one does,” the Senate president said.

If lawmakers called a convention in August, any new version of the constitution they approved would appear on the November state ballot for voter approval.

If legislators decided to pare down the proposal and approve a limited number of constitutional amendments in August, those amendments would appear on the December ballot, Henry said.