HLS 10RS-1693 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 1200
BY REPRESENTATIVE RICHARD
ELECTION CODE: Provides relative to procedures for registration and voting for persons
in the U.S. Service and persons residing outside of the U.S.
AN ACT1
To amend and reenact R.S. 18:103(B)(1), (2), (3)(b) and (4) and (C)(1), (2), (3)(b), and (4),2
154(C), 1306(A)(1) and (4) and (B)(1), 1308(A)(2), 1308.2, 1310(A), and3
1313(F)(2), (4), (5), (6), and (8) and to enact R.S. 18:1316(C) and 1319, relative to4
procedures for voter registration and voting for persons in the United States Service5
and persons residing outside the United States; to provide relative to electronic6
transmission of certain registration and election materials; to provide procedures for7
the execution and counting of transmitted election materials; to provide for use of the8
Federal Write-In Absentee Ballot; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 18:103(B)(1), (2), (3)(b) and (4) and (C)(1), (2), (3)(b), and (4),11
154(C), 1306(A)(1) and (4) and (B)(1), 1308(A)(2), 1308.2, 1310(A), and 1313(F)(2), (4),12
(5), (6), and (8) are hereby amended and reenacted and R.S. 18:1316(C) is hereby enacted13
to read as follows: 14
§103. Personal appearance of applicant required; exceptions15
* * *16
B. Any citizen of Louisiana who meets the qualifications set forth in17
R.S. 18:101 and who is a legal resident of this state, whether or not he has a place of18
abode in this state, but who is unable to appear in person to register because he is in19 HLS 10RS-1693 ORIGINAL
HB NO. 1200
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the United States Service, as defined in R.S. 18:1302, may register by mail using the1
state mail voter registration form in accordance with the following provisions:2
(1) The applicant shall mail or transmit electronically a written request to3
register to the registrar of the parish of which he was a resident prior to entry into the4
United States Service.5
(2) Upon receipt of the request, the registrar shall mail to the applicant at his6
United States Service address: or transmit electronically to the applicant the7
application form for registration.8
(a) The application form for registration.9
(3) Upon receipt of the document, the applicant shall:10
* * *11
(b) Return the document by mail to the registrar.12
* * *13
(4) Upon receipt of the completed document, the registrar shall,: if the14
evidence establishes that the applicant meets the requirements for registration,15
register the applicant and mail the notice of registration required by R.S. 18:109 to16
the applicant at his United States Service address.17
(b) If the evidence establishes that the applicant meets the requirements for18
registration, the registrar shall register the applicant and mail the notice of19
registration required by R.S. 18:109 to the applicant at his United States Service20
address.21
* * *22
C. A person who meets the qualifications set forth in R.S. 18:101(E) who is23
unable to appear in person to register because he is residing outside the United States24
may register by mail using the state mail voter registration form in accordance with25
the following provisions:26
(1) The applicant shall mail or transmit electronically a written request to27
register to the registrar of the parish in which he was last domiciled immediately28
prior to his departure from the United States.29 HLS 10RS-1693 ORIGINAL
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(2) Upon receipt of such request, the registrar shall mail to the applicant at1
his address outside the United States: or transmit electronically to the applicant the2
application form for registration.3
(a) The application form for registration.4
(3) Upon receipt of the document, the applicant shall:5
* * *6
(b) Return the document by mail to the registrar.7
(4) Upon receipt of the completed document, the registrar shall,: if the8
evidence establishes that the applicant meets the requirements for registration,9
register the applicant and mail the notice of registration required by R.S. 18:109 to10
the applicant at his address outside the United States.11
(b) If the evidence establishes that the applicant meets the requirements for12
registration, the registrar shall register the applicant and mail the notice of13
registration required by R.S. 18:109 to the applicant at his address outside the United14
States.15
* * *16
§154. Records open to inspection; copying; exceptions17
* * *18
C. Notwithstanding the provisions of this Section, neither the registrar nor19
the Department of State shall disclose the fact that a registered voter is entitled to20
assistance in voting or the social security number, driver's license number, day and21
month of the date of birth, or mother's maiden name, or electronic mail address of22
a registered voter or circulate the fact that registered voters are entitled to assistance23
in voting or the social security numbers, driver's license numbers, day and month of24
the dates of birth, or mother's maiden names, or electronic mail addresses of25
registered voters on commercial lists, except when voter registration data is26
transmitted to the office of motor vehicles of the Department of Public Safety and27
Corrections, for the purposes of verifying the accuracy and authenticity of the social28
security number, driver's license number, or full date of birth provided by the voter.29 HLS 10RS-1693 ORIGINAL
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* * *1
§1306. Preparation and distribution of absentee by mail and early voting ballots2
A.(1) The secretary of state shall prepare absentee by mail and early voting3
ballots. The size and weight of paper, size and type of print, and other matters4
pertaining to absentee by mail and early voting ballots shall be determined by the5
secretary of state, subject to approval as to content by the attorney general. All6
ballots and paraphernalia of the same kind shall be identical as to size and weight of7
paper, size, type, and color of print, and other matters, except for ballots transmitted8
electronically to members of the United States Service, as defined in R.S. 18:1302,9
and to persons residing outside the United States.10
* * *11
(4) The secretary of state shall prepare a special absentee ballot for12
candidates and constitutional amendments to be voted on in second party primary or13
general elections, subject to approval as to content by the attorney general. This14
special ballot shall only be for use by a qualified voter who is either a member of the15
United States Service or who resides outside of the United States. Such special16
ballot shall contain a list of the titles of all offices being contested at the primary or17
first party primary election and the candidates qualifying for the primary or first18
party primary election for each office, and shall permit the elector to vote in the19
second party primary or general election by indicating his order of preference for20
each candidate for each office. On the special ballot shall also be printed each21
constitutional amendment to be voted on in the second party primary or general22
election. To indicate his order of preference for each candidate for each office to be23
voted on in the election, the voter shall put the number one next to the name of the24
candidate who is the voter's first choice, the number two for his second choice and25
so forth so that, in consecutive numerical order, a number indicating the voter's26
preference is written by the voter next to each candidate's name on the ballot. A27
space shall be provided for the voter to indicate his preference for or against each28
constitutional amendment contained on the ballot. The voter shall not be required29 HLS 10RS-1693 ORIGINAL
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to indicate his preference for more than one candidate on the ballot if the voter so1
chooses. The secretary of state shall also prepare instructions for use of the special2
ballot, including instructions for voting using an electronically transmitted ballot.3
B.(1) The secretary of state shall prepare absentee by mail and early voting4
ballot envelopes, early voting applications, absentee by mail and early voting5
instructions, certificates, and other absentee by mail and early voting balloting6
paraphernalia consistent with the provisions of this Chapter, subject to approval of7
the attorney general as to content. Notwithstanding the provisions of R.S. 18:13168
relating to distinguishing marks on absentee by mail and early voting ballots,9
absentee by mail voting instructions on absentee by mail ballots to be transmitted by10
facsimile in accordance with R.S. 18:1308(A)(1)(b) or transmitted electronically to11
members of the United States Service, as defined in R.S. 18:1302, and persons12
residing outside the United States shall stipulate that the voter may mark his ballot13
with a cross [X] mark or a check [T] mark as provided in Items (A)(2)(a)(i) and (ii)14
of this Section. When a court of competent jurisdiction, a registrar of voters, the15
secretary of state, or other competent authority determines that there exists a literate16
linguistic minority equal to more than five percent of the total population of any17
parish, the secretary of state, with approval of the attorney general as to content, shall18
prepare and furnish absentee by mail and early voting ballots, absentee by mail and19
early voting instructions, and certificates in the minority language in sufficient20
quantity to provide to each absentee by mail and early voter requesting voting21
material in that language.22
* * *23
§1308. Absentee voting by mail24
A.25
* * *26
(2)(a) With respect to persons registered voters on active duty in the United27
States military service or outside the continental boundaries of the United States,28
these materials shall be mailed as provided by the Uniformed and Overseas Citizens29 HLS 10RS-1693 ORIGINAL
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Absentee Voting Act (39 U.S.C. 3406 and 42 U.S.C. 1973ff et seq.) and shall include1
both the primary or first party primary election ballot and the special ballots for the2
general election or the second party primary election and the general election.3
(b) Notwithstanding the provision of Subparagraph (a) of this Paragraph,4
with respect to registered voters on active duty in the United States military service5
or outside the continental boundaries of the United States, these materials may be6
electronically transmitted for a federal general election and must include the ballot7
for the federal general election.8
(c) The For mailed ballots, the envelope mailed to the voter shall contain six9
envelopes, three of which shall be the ballot envelopes and three of which shall be10
return envelopes. Each return envelope shall bear the official title and mailing11
address of the registrar, whether it contains a primary, first party primary, second12
party primary or general election ballot, and the name, return address, and precinct13
or district number of the voter. The voter shall return his voted primary or first party14
primary election ballot and special ballots for the general election or the second party15
primary and the general election to the registrar in the appropriate envelopes. The16
registrar of voters shall not mail a regular general election or the second party17
primary and general election absentee ballot to a member of the United States18
Service or to persons residing overseas if the registrar has mailed a special ballot, as19
provided herein, to such voter. The envelopes for the special ballots shall contain20
language on the outside of the envelope which will that clearly designate designates21
which envelope is to be used for return of the second primary election ballot and22
which envelope is to be used for return of the general election ballot.23
(d)(ii) For an electronically transmitted federal general election ballot, the24
registrar shall transmit the ballot and certificate to the voter. The voter shall place25
the voted ballot in an envelope labeled "Security Envelope", seal the envelope, and26
place the sealed "Security Envelope" and the completed and signed certificate in27
another envelope for transmittal by mail to the parish registrar of voters.28 HLS 10RS-1693 ORIGINAL
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(ii) The voter may use the "Security Envelope" and ballot transmittal1
envelope from the Federal Write-in Absentee Ballot to mail the federal general2
election ballot and certificate to the parish registrar of voters.3
(b) (e) Notwithstanding the provisions of Subparagraph Subparagraphs4
(A)(2)(a), (b) and (c) of this Section, if the a voter who is on active duty in the5
United States military service or residing outside the United States continental6
boundaries and who feels he will not have time to vote timely by mail, the voter may7
request that the registrar transmit to him by facsimile a ballot, including the affidavit,8
or a second ballot, as the case may be, and the registrar shall do so if a facsimile9
machine is available for his use. The voter may then either mail or transmit by10
facsimile his voted ballot, including the affidavit, back to the registrar at the11
facsimile machine number designated by the registrar. If the voter chooses to12
transmit his voted ballot to the registrar by facsimile, the documents to be13
transmitted shall contain the following statement: "I understand that by faxing my14
voted ballot I am voluntarily waiving my right to a secret ballot." This statement15
shall be followed by the voter's handwritten signature, date, and social security16
number. Upon receipt of the transmittal, the registrar shall place the voted ballot17
along with the signed statement and affidavit in an appropriately marked envelope18
and seal it. The registrar and his staff shall take the steps necessary to keep the voted19
ballots received by facsimile as confidential as practicable.20
(c) (f) The secretary of state as the chief election officer of the state shall21
take all actions reasonably necessary to allow persons residing outside the22
continental boundaries and persons on active duty in the armed forces to vote23
according to the Uniformed and Overseas Citizens Absentee Voting Act or otherwise24
during a period of declared emergency, whether by mail, facsimile, or other means25
of transmission of the ballot, notwithstanding any provision of this Code to the26
contrary.27
* * *28 HLS 10RS-1693 ORIGINAL
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§1308.2. Voting absentee by mail for presidential candidates and congressional1
candidates2
A.(1) At least forty-five days before each presidential election, the secretary3
of state shall deliver to each registrar a sufficient quantity of absentee by mail4
ballots, envelopes, certificates, and instructions to be used only by members of the5
United States service, as defined in R.S. 18:1302, and persons residing outside the6
United States who are registered to vote pursuant to R.S. 18:103(C), for the election7
of the president of the United States, including ballots, certificates, and instructions8
to be electronically transmitted to the voters. The absentee by mail ballot shall be9
prepared according to law and shall contain only presidential candidates. The10
absentee by mail ballot envelope shall be marked "Presidential Ballot Only".11
(2) At least forty-five days before each congressional general election, the12
secretary of state shall deliver to each registrar a sufficient quantity of special13
absentee by mail ballots as provided in R.S. 18:1306(A)(4), envelopes, certificates,14
and instructions to be used only by members of the United States service, as defined15
in R.S. 18:1302, and persons residing outside the United States who are registered16
to vote pursuant to R.S. 18:103(C), for the election of the members of congress,17
including special ballots, certificates and instructions to be electronically transmitted18
to the voters.19
B. Voting absentee by mail for presidential and congressional candidates as20
provided in Subsection A hereof shall be conducted pursuant to the provisions of this21
Chapter governing absentee by mail voting generally.22
* * *23
§1310. Execution of certificate; marking of ballot; casting vote; assistance24
A.(1) When a voter receives the absentee voting materials by mail, he first25
shall fill in all blanks on the certificate on the ballot envelope flap. The voter then26
shall mark the ballot according to the printed instructions on its face. Then the voter27
shall place the voted ballot in the envelope, seal the envelope, and sign the certificate28
on the ballot envelope flap.29 HLS 10RS-1693 ORIGINAL
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(2) When a member of the United States service, as defined in R.S. 18:1302,1
or a person residing outside the United States who is registered to vote receives the2
absentee voting materials by electronic transmission, he first shall print all3
documents and fill in all blanks on the certificate. The voter then shall mark the4
ballot according to the printed instructions on its face. Then the voter shall place the5
voted ballot and completed certificate in the envelope as provided in R.S.6
18:1308(A)(2)(d).7
* * *8
§1313. Tabulation and counting of absentee by mail and early voting ballots9
* * *10
F. The procedure for counting absentee by mail or early voting ballots shall11
be as follows:12
* * *13
(2) The board shall announce the name of each absentee by mail or early14
voting voter and the ward and precinct where he is registered to vote, and shall15
compare the name on the early voting application or on the flap of the envelope or16
certificate attached to the envelope containing the absentee by mail or early voting17
ballot with the names on the list of absentee by mail or early voting voters and on the18
supplemental list.19
* * *20
(4) If the board determines that an absentee by mail or early voting ballot is21
valid, a member of the board shall write the word "absentee" on the list beside the22
name of the voter as it appears on the list or supplemental list of persons who voted23
absentee by mail and shall sign his name in the space therefor which shall be24
provided on the list for the purpose. If applicable, a member of the board shall tear25
the flap from the envelope or remove the certificate attached to the envelope26
containing the absentee by mail or early voting ballot and leave the envelope sealed.27
(5) If a majority of the members of the board determine that an absentee by28
mail or early voting ballot is invalid, the members shall leave the flap on the29 HLS 10RS-1693 ORIGINAL
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envelope or certificate attached to the envelope containing the absentee by mail or1
early voting ballot, leave the envelope sealed, and shall write the word "rejected",2
together with the reasons for rejecting the ballot, across the envelope containing the3
ballot or across the early voting application. The rejected absentee by mail and early4
voting ballots and early voting applications shall be replaced in the special absentee5
by mail and early voting ballot envelope. No rejected absentee by mail or early6
voting ballot shall be counted.7
(6) After the validity of all absentee by mail and early voting ballots has8
been determined, the members of the board shall place the valid early voting9
applications and the flaps or certificates removed from the valid absentee by mail10
and early voting ballots in the envelope provided for that purpose and seal the11
envelope. Two of the members shall execute the certificate on the envelope.12
* * *13
(8) The board shall, in accordance with the requirements of R.S. 18:1316,14
reject any ballot which contains a distinguishing mark or feature making the ballot15
susceptible of identification. However, a ballot shall not be rejected as containing16
a distinguishing mark if the ballot was transmitted electronically to a member of the17
United States Service, as defined in R.S. 18:1302, or a person residing outside the18
United States.19
* * *20
§1316. Rejection of ballot having distinguishing marks21
* * *22
C. A ballot transmitted electronically to a member of the United States23
Service, as defined in R.S. 18:1302, or a person residing outside the United States24
shall not be considered as having distinguishing marks.25
Section 2. R.S. 18:1319 is hereby enacted to read as follows:26
§1319. Use of Federal write-in absentee ballot; presidential and congressional27
elections28 HLS 10RS-1693 ORIGINAL
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A member of the United States Service, as defined in R.S. 18:1302, or a1
person residing outside the United States who made a timely application to vote2
absentee by mail as provided in R.S. 18:1307(C) and who did not receive absentee3
by mail ballots may use the Federal Write-In Absentee Ballot to vote in presidential4
elections and congressional elections. The Federal Write-In Absentee Ballot shall5
be submitted, processed, and counted in the manner provided in this Chapter.6
Section 3.(A) This Section and Section 1 of this Act shall become effective upon7
signature of this Act by the governor or, if not signed by the governor, upon expiration of8
the time for bills to become law without signature by the governor, as provided by Article9
III, Section 18 of the Constitution of Louisiana. If this Act is vetoed by the governor and10
subsequently approved by the legislature, this Section and Section 1 of this Act shall become11
effective on the day following such approval.12
(B) Section 2 of this Act shall become effective December 31, 2010.13
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Richard HB No. 1200
Abstract: Provides relative to procedures for registration and voting for persons in the U.S.
Service and persons residing outside of the U.S.
Present law (R.S. 18:103) provides procedures for a person who meets the qualifications in
present law to vote and who is a legal resident of the state, but who is unable to appear in
person to register because he is in the U.S. Service to register by mail. Provides for the
mailing of the application form to the person. Requires the person to complete the form and
return the form to the registrar.
Proposed law requires that the form be returned to the registrar by mail. Otherwise retains
present law and additionally provides for electronic transmission of the application form.
Present law (R.S. 18:154) prohibits the registrar and the Dept. of State from disclosing
certain voter information. Proposed law retains present law and adds the electronic mail
address of a voter to the list of information that may not be disclosed.
Present law (R.S. 18:1306) provides relative to the preparation of ballots and election
paraphernalia. Requires ballots and paraphernalia of the same kind to be identical as to size
and weight of paper, size, type, and color of print, and other matters. Proposed law provides
an exception to present law for ballots transmitted electronically to members of the U.S.
Service and persons residing outside the U.S. HLS 10RS-1693 ORIGINAL
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are additions.
Present law provides for a special ballot to be used by members of the U.S. Service and
persons residing outside the U.S. Requires the secretary of state to prepare instructions for
use of the special ballot. Proposed law adds a requirement that the secretary of state also
prepare instructions for voting using an electronically transmitted ballot.
Present law (R.S. 18:1308) provides for the mailing of voting materials to members the U.S.
Service and persons residing outside the U.S. Specifies the materials that must be sent.
Proposed law provides for the electronic transmission of these materials, including the ballot
for a federal general election. Provides specific instructions for mailing the marked ballot
and other materials to the registrar.
Present law (R.S. 18:1308.2) requires the secretary of state at least 45 days before each
presidential election to deliver to each registrar a sufficient quantity of absentee by mail
ballots, envelopes, certificates, and instructions to be used by members of the U.S. Service
and persons residing outside the U.S. for election of the president.
Proposed law retains present law and includes in the materials required to be delivered
ballots, certificates, and instructions to be electronically transmitted. Additionally provides
that the materials required to be delivered prior to presidential elections shall also be
delivered to each registrar at least 45 days prior to each congressional general election.
Present law (R.S. 18:1310) provides requirements for executing absentee by mail voting
materials. Proposed law additionally provides instructions for executing materials
electronically submitted to members of the U.S. Service and persons residing outside the
U.S.
Proposed law provides that a ballot shall not be rejected as containing a distinguishing mark
if the ballot was transmitted electronically to a member of the U.S. Service or a person
residing outside the U.S.
Proposed law provides that a member of the U.S. Service or a person residing outside the
U.S. who made a timely application to vote absentee by mail as provided in present law and
who did not receive absentee by mail ballots may use the Federal Write-In Absentee Ballot
to vote in presidential elections and congressional elections. Provides that the Federal
Write-In Absentee Ballot shall be submitted, processed, and counted in the manner provided
in present law provisions relative to absentee by mail and early voting.
Effective upon signature of governor or lapse of time for gubernatorial action, except that
provisions relative to the Federal Write-In Absentee Ballot are effective Dec. 31, 2010.
(Amends R.S. 18:103(B)(1), (2), (3)(b) and (4) and (C)(1), (2), (3)(b), and (4), 154(C),
1306(A)(1) and (4) and (B)(1), 1308(A)(2), 1308.2, 1310(A), and 1313(F)(2), (4), (5), (6),
and (8); Adds R.S. 18:1316(C) and 1319)