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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), (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), (5),12
(6), and (8) are hereby amended and reenacted and R.S. 18:1316(C) is hereby enacted to read13
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 ENGROSSED
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 ENGROSSED
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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 HLS 10RS-1693 ENGROSSED
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Corrections, for the purposes of verifying the accuracy and authenticity of the social1
security number, driver's license number, or full date of birth provided by the voter.2
* * *3
§1306. Preparation and distribution of absentee by mail and early voting ballots4
A.(1) The secretary of state shall prepare absentee by mail and early voting5
ballots. The size and weight of paper, size and type of print, and other matters6
pertaining to absentee by mail and early voting ballots shall be determined by the7
secretary of state, subject to approval as to content by the attorney general. All8
ballots and paraphernalia of the same kind shall be identical as to size and weight of9
paper, size, type, and color of print, and other matters, except for ballots transmitted10
electronically to members of the United States Service, as defined in R.S. 18:1302,11
and to persons residing outside the United States.12
* * *13
(4) The secretary of state shall prepare a special absentee ballot for14
candidates and constitutional amendments to be voted on in second party primary or15
general elections, subject to approval as to content by the attorney general. This16
special ballot shall only be for use by a qualified voter who is either a member of the17
United States Service or who resides outside of the United States. Such special18
ballot shall contain a list of the titles of all offices being contested at the primary or19
first party primary election and the candidates qualifying for the primary or first20
party primary election for each office, and shall permit the elector to vote in the21
second party primary or general election by indicating his order of preference for22
each candidate for each office. On the special ballot shall also be printed each23
constitutional amendment to be voted on in the second party primary or general24
election. To indicate his order of preference for each candidate for each office to be25
voted on in the election, the voter shall put the number one next to the name of the26
candidate who is the voter's first choice, the number two for his second choice and27
so forth so that, in consecutive numerical order, a number indicating the voter's28
preference is written by the voter next to each candidate's name on the ballot. A29 HLS 10RS-1693 ENGROSSED
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space shall be provided for the voter to indicate his preference for or against each1
constitutional amendment contained on the ballot. The voter shall not be required2
to indicate his preference for more than one candidate on the ballot if the voter so3
chooses. The secretary of state shall also prepare instructions for use of the special4
ballot, including instructions for voting by mail using an electronically transmitted5
ballot.6
B.(1) The secretary of state shall prepare absentee by mail and early voting7
ballot envelopes, early voting applications, absentee by mail and early voting8
instructions, certificates, and other absentee by mail and early voting balloting9
paraphernalia consistent with the provisions of this Chapter, subject to approval of10
the attorney general as to content. Notwithstanding the provisions of R.S. 18:131611
relating to distinguishing marks on absentee by mail and early voting ballots,12
absentee by mail voting instructions on absentee by mail ballots to be transmitted by13
facsimile in accordance with R.S. 18:1308(A)(1)(b) shall stipulate that the voter may14
mark his ballot with a cross [X] mark or a check [T] mark as provided in Items15
(A)(2)(a)(i) and (ii) of this Section. When a court of competent jurisdiction, a16
registrar of voters, the secretary of state, or other competent authority determines that17
there exists a literate linguistic minority equal to more than five percent of the total18
population of any parish, the secretary of state, with approval of the attorney general19
as to content, shall prepare and furnish absentee by mail and early voting ballots,20
absentee by mail and early voting instructions, and certificates in the minority21
language in sufficient quantity to provide to each absentee by mail and early voter22
requesting voting material in that language.23
* * *24
§1308. Absentee voting by mail25
A.26
* * *27
(2)(a) With respect to persons registered voters on active duty in the United28
States military service or outside the continental boundaries of the United States,29 HLS 10RS-1693 ENGROSSED
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these materials shall be mailed as provided by the Uniformed and Overseas Citizens1
Absentee Voting Act (39 U.S.C. 3406 and 42 U.S.C. 1973ff et seq.) and shall include2
both the primary or first party primary election ballot and the special ballots for the3
general election or the second party primary election and the general election.4
(b) Notwithstanding the provision of Subparagraph (a) of this Paragraph,5
with respect to registered voters on active duty in the United States military service6
or outside the continental boundaries of the United States, these materials may be7
electronically transmitted for a federal general election and must include the special8
ballot or ballots as provided in R.S. 18:1306(A)(4) for the federal general election.9
(c) The For mailed ballots, the envelope mailed to the voter shall contain six10
envelopes, three of which shall be the ballot envelopes and three of which shall be11
return envelopes. Each return envelope shall bear the official title and mailing12
address of the registrar, whether it contains a primary, first party primary, second13
party primary or general election ballot, and the name, return address, and precinct14
or district number of the voter. The voter shall return his voted primary or first party15
primary election ballot and special ballots for the general election or the second party16
primary and the general election to the registrar in the appropriate envelopes. The17
registrar of voters shall not mail a regular general election or the second party18
primary and general election absentee ballot to a member of the United States19
Service or to persons residing overseas if the registrar has mailed a special ballot, as20
provided herein, to such voter. The envelopes for the special ballots shall contain21
language on the outside of the envelope which will that clearly designate designates22
which envelope is to be used for return of the second primary election ballot and23
which envelope is to be used for return of the general election ballot.24
(d)(i) For each electronically transmitted federal general election ballot, the25
registrar shall transmit the ballot, certificate, and waiver of the right to a secret ballot26
to the voter. The waiver of the right to a secret ballot shall contain the following27
statement: "My ballot was transmitted electronically to me and I am voluntarily28
waiving my right to a secret ballot." The statement shall also contain a space for the29 HLS 10RS-1693 ENGROSSED
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voter's handwritten signature, the date, and the voter's social security number. The1
voter shall return by mail his voted ballot, completed certificate, and signed waiver2
of the right to a secret ballot. The registrar and his staff shall take the steps3
necessary to keep each voted ballot that was transmitted electronically as4
confidential as practicable.5
(ii) The voter may use the "Security Envelope" and ballot transmittal6
envelope from the Federal Write-in Absentee Ballot to mail the electronically7
transmitted federal general election ballot or ballots and certificate to the parish8
registrar of voters.9
(b) (e) Notwithstanding the provisions of Subparagraph Subparagraphs10
(A)(2)(a), (b) and (c) of this Section, if the a voter who is on active duty in the11
United States military service or residing outside the United States continental12
boundaries and who feels he will not have time to vote timely by mail, the voter may13
request that the registrar transmit to him by facsimile a ballot, including the affidavit14
certificate, or a second ballot, as the case may be, and the registrar shall do so if a15
facsimile machine is available for his use. The voter may then either mail or16
transmit by facsimile his voted ballot, including the affidavit, and certificate back to17
the registrar at the facsimile machine number designated by the registrar. If the voter18
chooses to transmit his voted ballot to the registrar by facsimile, the documents to19
be transmitted shall contain the following statement: "I understand that by faxing20
my voted ballot I am voluntarily waiving my right to a secret ballot." This statement21
shall be followed by the voter's handwritten signature, date, and social security22
number. Upon receipt of the transmittal, the registrar shall place the voted ballot23
along with the signed statement and affidavit certificate in an appropriately marked24
envelope and seal it. The registrar and his staff shall take the steps necessary to keep25
the voted ballots received by facsimile as confidential as practicable.26
(c) (f) The secretary of state as the chief election officer of the state shall27
take all actions reasonably necessary to allow persons residing outside the28
continental boundaries and persons on active duty in the armed forces to vote29 HLS 10RS-1693 ENGROSSED
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according to the Uniformed and Overseas Citizens Absentee Voting Act or otherwise1
during a period of declared emergency, whether by mail, facsimile, or other means2
of transmission of the ballot, notwithstanding any provision of this Code to the3
contrary.4
* * *5
§1308.2. Voting absentee by mail for presidential candidates and congressional6
candidates7
A.(1) At least forty-five days before each presidential election, the secretary8
of state shall deliver to each registrar a sufficient quantity of absentee by mail9
ballots, envelopes, certificates, and instructions to be used only by members of the10
United States service, as defined in R.S. 18:1302, and persons residing outside the11
United States who are registered to vote pursuant to R.S. 18:103(C), for the election12
of the president of the United States, including ballots, certificates, and instructions13
to be electronically transmitted to the voters. The absentee by mail ballot shall be14
prepared according to law and shall contain only presidential candidates. The15
absentee by mail ballot envelope shall be marked "Presidential Ballot Only".16
(2) At least forty-five days before each congressional general election, the17
secretary of state shall deliver to each registrar a sufficient quantity of special18
absentee by mail ballots as provided in R.S. 18:1306(A)(4), envelopes, certificates,19
and instructions to be used only by members of the United States service, as defined20
in R.S. 18:1302, and persons residing outside the United States who are registered21
to vote pursuant to R.S. 18:103(C), for the election of the members of congress,22
including special ballots, certificates, and instructions to be electronically transmitted23
to the voters.24
B. Voting absentee by mail for presidential and congressional candidates as25
provided in Subsection A hereof shall be conducted pursuant to the provisions of this26
Chapter governing absentee by mail voting generally.27
* * *28 HLS 10RS-1693 ENGROSSED
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§1310. Execution of certificate; marking of ballot; casting vote; assistance1
A.(1) When a voter receives the absentee voting materials by mail, he first2
shall fill in all blanks on the certificate on the ballot envelope flap. The voter then3
shall mark the ballot according to the printed instructions on its face. Then the voter4
shall place the voted ballot in the envelope, seal the envelope, and sign the certificate5
on the ballot envelope flap.6
(2) When a member of the United States service, as defined in R.S. 18:1302,7
or a person residing outside the United States who is registered to vote receives the8
absentee voting materials by electronic transmission, he first shall print all9
documents and fill in all blanks on the certificate and the waiver of the right to a10
secret ballot. The voter then shall mark the ballot or ballots according to the printed11
instructions on its face. Then the voter shall place the voted ballot or ballots,12
completed certificate, and waiver of the right to a secret ballot in an envelope, seal13
the envelope, mark "Absentee Ballot Enclosed" on the envelope, and mail the14
envelope and its contents to the registrar of voters.15
* * *16
§1313. Tabulation and counting of absentee by mail and early voting ballots17
* * *18
F. The procedure for counting absentee by mail or early voting ballots shall19
be as follows:20
(1) A member of the board shall remove the certificates and special absentee21
by mail ballots, envelopes containing the absentee by mail and early voting ballots22
and early voting applications from the special absentee by mail and early voting23
ballot envelope.24
(2) The board shall announce the name of each absentee by mail or early25
voting voter and the ward and precinct where he is registered to vote, and shall26
compare the name on the certificate, early voting application, or on the flap of the27
envelope or certificate attached to the envelope containing the absentee by mail or28 HLS 10RS-1693 ENGROSSED
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early voting ballot with the names on the list of absentee by mail or early voting1
voters and on the supplemental list.2
* * *3
(5) If a majority of the members of the board determine that an absentee by4
mail or early voting ballot is invalid, the members shall leave the flap on the5
envelope containing the absentee by mail or early voting ballot, leave the envelope6
sealed, and shall write the word "rejected", together with the reasons for rejecting the7
ballot, across the envelope containing the ballot or, across the early voting8
application, or across the certificate attached to the special absentee by mail ballot.9
The rejected absentee by mail and early voting ballots and, early voting applications,10
and certificate shall be replaced in the special absentee by mail and early voting11
ballot envelope. No rejected absentee by mail or early voting ballot shall be counted.12
(6) After the validity of all absentee by mail and early voting ballots has13
been determined, the members of the board shall place the valid early voting14
applications, certificates, and the flaps removed from the valid absentee by mail and15
early voting ballots in the envelope provided for that purpose and seal the envelope.16
Two of the members shall execute the certificate on the envelope.17
* * *18
(8) The board shall, in accordance with the requirements of R.S. 18:1316,19
reject any ballot which contains a distinguishing mark or feature making the ballot20
susceptible of identification. However, a ballot shall not be rejected as containing21
a distinguishing mark if the ballot was transmitted electronically to a member of the22
United States Service, as defined in R.S. 18:1302, or a person residing outside the23
United States.24
* * *25
§1316. Rejection of ballot having distinguishing marks26
* * *27 HLS 10RS-1693 ENGROSSED
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C. A ballot transmitted electronically to a member of the United States1
Service, as defined in R.S. 18:1302, or a person residing outside the United States2
shall not be considered as having distinguishing marks.3
Section 2. R.S. 18:1319 is hereby enacted to read as follows:4
§1319. Use of Federal write-in absentee ballot; presidential and congressional5
elections6
A member of the United States Service, as defined in R.S. 18:1302, or a7
person residing outside the United States who made a timely application to vote8
absentee by mail as provided in R.S. 18:1307(C) and who did not receive absentee9
by mail ballots may use the Federal Write-In Absentee Ballot to vote in presidential10
elections and congressional elections. The Federal Write-In Absentee Ballot shall11
be submitted, processed, and counted in the manner provided in this Chapter.12
Section 3.(A) This Section and Section 1 of this Act shall become effective upon13
signature of this Act by the governor or, if not signed by the governor, upon expiration of14
the time for bills to become law without signature by the governor, as provided by Article15
III, Section 18 of the Constitution of Louisiana. If this Act is vetoed by the governor and16
subsequently approved by the legislature, this Section and Section 1 of this Act shall become17
effective on the day following such approval.18
(B) Section 2 of this Act shall become effective December 31, 2010.19
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. HLS 10RS-1693 ENGROSSED
HB NO. 1200
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are additions.
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.
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 by mail 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, certificate, and a statement to be signed by the voter that acknowledges that the voter
voluntarily waives his right to a secret ballot. 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), (5), (6), and
(8); Adds R.S. 18:1316(C) and 1319) HLS 10RS-1693 ENGROSSED
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Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original bill.
1. Added requirements that the materials electronically transmitted to the voter by
the registrar include a statement that the voter voluntarily waives his right to a
secret ballot and that the voter sign the statement and return it along with the
other materials to the registrar.
2. Removed references to an affidavit and included instead references to a
certificate in provisions relative to materials sent to a voter.