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ACT No. 624
Regular Session, 2010
HOUSE BILL NO. 1200
BY REPRESENTATIVE RICHARD
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)(1), (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; to provide for effectiveness; and to provide for9
related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 18:103(B)(1), (2), (3)(b), and (4), and (C)(1), (2), (3)(b), and (4),12
154(C), 1306(A)(1) and (4) and (B)(1), 1308(A)(2), 1308.2, 1310(A), and 1313(F)(1), (2),13
(5), (6), and (8) are hereby amended and reenacted and R.S. 18:1316(C) is hereby enacted14
to read as follows: 15
§103. Personal appearance of applicant required; exceptions16
* * *17
B. Any citizen of Louisiana who meets the qualifications set forth in18
R.S. 18:101 and who is a legal resident of this state, whether or not he has a place of19
abode in this state, but who is unable to appear in person to register because he is in20
the United States Service, as defined in R.S. 18:1302, may register by mail using the21
state mail voter registration form in accordance with the following provisions:22 ENROLLEDHB NO. 1200
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(1) The applicant shall mail or transmit electronically a written request to1
register to the registrar of the parish of which he was a resident prior to entry into the2
United States Service.3
(2) Upon receipt of the request, the registrar shall mail to the applicant at his4
United States Service address: or transmit electronically to the applicant the5
application form for registration.6
(a) The application form for registration.7
(3) Upon receipt of the document, the applicant shall:8
* * *9
(b) Return the document by mail to the registrar.10
(4) Upon receipt of the completed document, the registrar shall,: if the11
evidence establishes that the applicant meets the requirements for registration,12
register the applicant and mail the notice of registration required by R.S. 18:109 to13
the applicant at his United States Service address.14
(b) If the evidence establishes that the applicant meets the requirements for15
registration, the registrar shall register the applicant and mail the notice of16
registration required by R.S. 18:109 to the applicant at his United States Service17
address.18
* * *19
C. A person who meets the qualifications set forth in R.S. 18:101(E) who is20
unable to appear in person to register because he is residing outside the United States21
may register by mail using the state mail voter registration form in accordance with22
the following provisions:23
(1) The applicant shall mail or transmit electronically a written request to24
register to the registrar of the parish in which he was last domiciled immediately25
prior to his departure from the United States.26
(2) Upon receipt of such request, the registrar shall mail to the applicant at27
his address outside the United States: or transmit electronically to the applicant the28
application form for registration.29
(a) The application form for registration.30 ENROLLEDHB NO. 1200
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(3) Upon receipt of the document, the applicant shall:1
* * *2
(b) Return the document by mail to the registrar.3
(4) Upon receipt of the completed document, the registrar shall,: if the4
evidence establishes that the applicant meets the requirements for registration,5
register the applicant and mail the notice of registration required by R.S. 18:109 to6
the applicant at his address outside the United States.7
(b) If the evidence establishes that the applicant meets the requirements for8
registration, the registrar shall register the applicant and mail the notice of9
registration required by R.S. 18:109 to the applicant at his address outside the United10
States.11
* * *12
§154. Records open to inspection; copying; exceptions13
* * *14
C. Notwithstanding the provisions of this Section, neither the registrar nor15
the Department of State shall disclose the fact that a registered voter is entitled to16
assistance in voting or the social security number, driver's license number, day and17
month of the date of birth, or mother's maiden name, or electronic mail address of18
a registered voter or circulate the fact that registered voters are entitled to assistance19
in voting or the social security numbers, driver's license numbers, day and month of20
the dates of birth, or mother's maiden names, or electronic mail addresses of21
registered voters on commercial lists, except when voter registration data is22
transmitted to the office of motor vehicles of the Department of Public Safety and23
Corrections, for the purposes of verifying the accuracy and authenticity of the social24
security number, driver's license number, or full date of birth provided by the voter.25
* * *26
§1306. Preparation and distribution of absentee by mail and early voting ballots27
A.(1) The secretary of state shall prepare absentee by mail and early voting28
ballots. The size and weight of paper, size and type of print, and other matters29
pertaining to absentee by mail and early voting ballots shall be determined by the30 ENROLLEDHB NO. 1200
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secretary of state, subject to approval as to content by the attorney general. All1
ballots and paraphernalia of the same kind shall be identical as to size and weight of2
paper, size, type, and color of print, and other matters, except for ballots transmitted3
electronically to members of the United States Service, as defined in R.S. 18:1302,4
and to persons residing outside the United States.5
* * *6
(4) The secretary of state shall prepare a special absentee ballot for7
candidates and constitutional amendments to be voted on in second party primary or8
general elections, subject to approval as to content by the attorney general. This9
special ballot shall only be for use by a qualified voter who is either a member of the10
United States Service or who resides outside of the United States. Such special11
ballot shall contain a list of the titles of all offices being contested at the primary or12
first party primary election and the candidates qualifying for the primary or first13
party primary election for each office, and shall permit the elector to vote in the14
second party primary or general election by indicating his order of preference for15
each candidate for each office. On the special ballot shall also be printed each16
constitutional amendment to be voted on in the second party primary or general17
election. To indicate his order of preference for each candidate for each office to be18
voted on in the election, the voter shall put the number one next to the name of the19
candidate who is the voter's first choice, the number two for his second choice and20
so forth so that, in consecutive numerical order, a number indicating the voter's21
preference is written by the voter next to each candidate's name on the ballot. A22
space shall be provided for the voter to indicate his preference for or against each23
constitutional amendment contained on the ballot. The voter shall not be required24
to indicate his preference for more than one candidate on the ballot if the voter so25
chooses. The secretary of state shall also prepare instructions for use of the special26
ballot, including instructions for voting by mail using an electronically transmitted27
ballot.28
B.(1) The secretary of state shall prepare absentee by mail and early voting29
ballot envelopes, early voting applications, absentee by mail and early voting30 ENROLLEDHB NO. 1200
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instructions, certificates, and other absentee by mail and early voting balloting1
paraphernalia consistent with the provisions of this Chapter, subject to approval of2
the attorney general as to content. Notwithstanding the provisions of R.S. 18:13163
relating to distinguishing marks on absentee by mail and early voting ballots,4
absentee by mail voting instructions on absentee by mail ballots to be transmitted by5
facsimile in accordance with R.S. 18:1308(A)(1)(b) shall stipulate that the voter may6
mark his ballot with a cross [X] mark or a check [T] mark as provided in Items7
(A)(2)(a)(i) and (ii) of this Section. When a court of competent jurisdiction, a8
registrar of voters, the secretary of state, or other competent authority determines that9
there exists a literate linguistic minority equal to more than five percent of the total10
population of any parish, the secretary of state, with approval of the attorney general11
as to content, shall prepare and furnish absentee by mail and early voting ballots,12
absentee by mail and early voting instructions, and certificates in the minority13
language in sufficient quantity to provide to each absentee by mail and early voter14
requesting voting material in that language.15
* * *16
§1308. Absentee voting by mail17
A.18
* * *19
(2)(a) With respect to persons registered voters on active duty in the United20
States military service or outside the continental boundaries of the United States,21
these materials shall be mailed as provided by the Uniformed and Overseas Citizens22
Absentee Voting Act (39 U.S.C. 3406 and 42 U.S.C. 1973ff et seq.) and shall include23
both the primary or first party primary election ballot and the special ballots for the24
general election or the second party primary election and the general election.25
(b) Notwithstanding the provision of Subparagraph (a) of this Paragraph,26
with respect to registered voters on active duty in the United States military service27
or outside the continental boundaries of the United States, these materials may be28
electronically transmitted for a federal general election and must include the special29
ballot or ballots as provided in R.S. 18:1306(A)(4) for the federal general election.30 ENROLLEDHB NO. 1200
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(c) The For mailed ballots, the envelope mailed to the voter shall contain six1
envelopes, three of which shall be the ballot envelopes and three of which shall be2
return envelopes. Each return envelope shall bear the official title and mailing3
address of the registrar, whether it contains a primary, first party primary, second4
party primary or general election ballot, and the name, return address, and precinct5
or district number of the voter. The voter shall return his voted primary or first party6
primary election ballot and special ballots for the general election or the second party7
primary and the general election to the registrar in the appropriate envelopes. The8
registrar of voters shall not mail a regular general election or the second party9
primary and general election absentee ballot to a member of the United States10
Service or to persons residing overseas if the registrar has mailed a special ballot, as11
provided herein, to such voter. The envelopes for the special ballots shall contain12
language on the outside of the envelope which will that clearly designate designates13
which envelope is to be used for return of the second primary election ballot and14
which envelope is to be used for return of the general election ballot.15
(d)(i) For each electronically transmitted federal general election ballot, the16
registrar shall transmit the ballot, certificate, and waiver of the right to a secret ballot17
to the voter. The waiver of the right to a secret ballot shall contain the following18
statement: "My ballot was transmitted electronically to me and I am voluntarily19
waiving my right to a secret ballot." The statement shall also contain a space for the20
voter's handwritten signature, the date, and the voter's social security number. The21
voter shall return by mail his voted ballot, completed certificate, and signed waiver22
of the right to a secret ballot. The registrar and his staff shall take the steps23
necessary to keep each voted ballot that was transmitted electronically as24
confidential as practicable.25
(ii) The voter may use the "Security Envelope" and ballot transmittal26
envelope from the Federal Write-in Absentee Ballot to mail the electronically27
transmitted federal general election ballot or ballots and certificate to the parish28
registrar of voters.29 ENROLLEDHB NO. 1200
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(b) (e) Notwithstanding the provisions of Subparagraph Subparagraphs1
(A)(2)(a), (b), and (c) of this Section, Paragraph, if the a voter who is on active duty2
in the United States military service or residing outside the United States continental3
boundaries and who feels he will not have time to vote timely by mail, the voter may4
request that the registrar transmit to him by facsimile a ballot, including the affidavit5
certificate, or a second ballot, as the case may be, and the registrar shall do so if a6
facsimile machine is available for his use. The voter may then either mail or7
transmit by facsimile his voted ballot, including the affidavit, and certificate back to8
the registrar at the facsimile machine number designated by the registrar. If the voter9
chooses to transmit his voted ballot to the registrar by facsimile, the documents to10
be transmitted shall contain the following statement: "I understand that by faxing11
my voted ballot I am voluntarily waiving my right to a secret ballot." This statement12
shall be followed by the voter's handwritten signature, date, and social security13
number. Upon receipt of the transmittal, the registrar shall place the voted ballot14
along with the signed statement and affidavit certificate in an appropriately marked15
envelope and seal it. The registrar and his staff shall take the steps necessary to keep16
the voted ballots received by facsimile as confidential as practicable.17
(c) (f) The secretary of state as the chief election officer of the state shall18
take all actions reasonably necessary to allow persons residing outside the19
continental boundaries and persons on active duty in the armed forces to vote20
according to the Uniformed and Overseas Citizens Absentee Voting Act or otherwise21
during a period of declared emergency, whether by mail, facsimile, or other means22
of transmission of the ballot, notwithstanding any provision of this Code to the23
contrary.24
* * *25
§1308.2. Voting absentee by mail for presidential candidates and congressional26
candidates27
A.(1) At least forty-five days before each presidential election, the secretary28
of state shall deliver to each registrar a sufficient quantity of absentee by mail29
ballots, envelopes, certificates, and instructions to be used only by members of the30 ENROLLEDHB NO. 1200
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United States service Service, as defined in R.S. 18:1302, and persons residing1
outside the United States who are registered to vote pursuant to R.S. 18:103(C), for2
the election of the president of the United States, including ballots, certificates, and3
instructions to be electronically transmitted to the voters. The absentee by mail4
ballot shall be prepared according to law and shall contain only presidential5
candidates. The absentee by mail ballot envelope shall be marked "Presidential6
Ballot Only".7
(2) At least forty-five days before each congressional general election, the8
secretary of state shall deliver to each registrar a sufficient quantity of special9
absentee by mail ballots as provided in R.S. 18:1306(A)(4), envelopes, certificates,10
and instructions to be used only by members of the United States Service, as defined11
in R.S. 18:1302, and persons residing outside the United States who are registered12
to vote pursuant to R.S. 18:103(C), for the election of the members of congress,13
including special ballots, certificates, and instructions to be electronically transmitted14
to the voters.15
B. Voting absentee by mail for presidential and congressional candidates as16
provided in Subsection A hereof shall be conducted pursuant to the provisions of this17
Chapter governing absentee by mail voting generally.18
* * *19
§1310. Execution of certificate; marking of ballot; casting vote; assistance20
A.(1) When a voter receives the absentee voting materials by mail, he first21
shall fill in all blanks on the certificate on the ballot envelope flap. The voter then22
shall mark the ballot according to the printed instructions on its face. Then the voter23
shall place the voted ballot in the envelope, seal the envelope, and sign the certificate24
on the ballot envelope flap.25
(2) When a member of the United States Service, as defined in R.S. 18:1302,26
or a person residing outside the United States who is registered to vote receives the27
absentee voting materials by electronic transmission, he first shall print all28
documents and fill in all blanks on the certificate and the waiver of the right to a29
secret ballot. The voter then shall mark the ballot or ballots according to the printed30 ENROLLEDHB NO. 1200
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instructions on its face. The voter shall then place the voted ballot or ballots,1
completed certificate, and waiver of the right to a secret ballot in an envelope, seal2
the envelope, mark "Absentee Ballot Enclosed" on the envelope, and mail the3
envelope and its contents to the registrar of voters.4
* * *5
§1313. Tabulation and counting of absentee by mail and early voting ballots6
* * *7
F. The procedure for counting absentee by mail or early voting ballots shall8
be as follows:9
(1) A member of the board shall remove the certificates and special absentee10
by mail ballots, envelopes containing the absentee by mail and early voting ballots11
and early voting applications from the special absentee by mail and early voting12
ballot envelope.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 certificate, early voting application, or on the flap of the16
envelope containing the absentee by mail or early voting ballot with the names on17
the list of absentee by mail or early voting voters and on the supplemental list.18
* * *19
(5) If a majority of the members of the board determine that an absentee by20
mail or early voting ballot is invalid, the members shall leave the flap on the21
envelope containing the absentee by mail or early voting ballot, leave the envelope22
sealed, and shall write the word "rejected", together with the reasons for rejecting the23
ballot, across the envelope containing the ballot or, across the early voting24
application, or across the certificate attached to the special absentee by mail ballot.25
The rejected absentee by mail and early voting ballots and, early voting applications,26
and certificates shall be replaced in the special absentee by mail and early voting27
ballot envelope. No rejected absentee by mail or early voting ballot shall be counted.28
(6) After the validity of all absentee by mail and early voting ballots has29
been determined, the members of the board shall place the valid early voting30 ENROLLEDHB NO. 1200
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applications, certificates, and the flaps removed from the valid absentee by mail and1
early voting ballots in the envelope provided for that purpose and seal the envelope.2
Two of the members shall execute the certificate on the envelope.3
* * *4
(8) The board shall, in accordance with the requirements of R.S. 18:1316,5
reject any ballot which contains a distinguishing mark or feature making the ballot6
susceptible of identification. However, a ballot shall not be rejected as containing7
a distinguishing mark if the ballot was transmitted electronically to a member of the8
United States Service, as defined in R.S. 18:1302, or a person residing outside the9
United States.10
* * *11
§1316. Rejection of ballot having distinguishing marks12
* * *13
C. A ballot transmitted electronically to a member of the United States14
Service, as defined in R.S. 18:1302, or a person residing outside the United States15
shall not be considered as having distinguishing marks.16
Section 2. R.S. 18:1319 is hereby enacted to read as follows:17
§1319. Use of Federal Write-In Absentee Ballot; presidential and congressional18
elections19
A member of the United States Service, as defined in R.S. 18:1302, or a20
person residing outside the United States who made a timely application to vote21
absentee by mail as provided in R.S. 18:1307(C) and who did not receive absentee22
by mail ballots may use the Federal Write-In Absentee Ballot to vote in presidential23
elections and congressional elections. The Federal Write-In Absentee Ballot shall24
be submitted, processed, and counted in the manner provided in this Chapter.25
Section 3.(A) This Section and Section 1 of this Act shall become effective upon26
signature of this Act by the governor or, if not signed by the governor, upon expiration of27
the time for bills to become law without signature by the governor, as provided by Article28
III, Section 18 of the Constitution of Louisiana. If this Act is vetoed by the governor and29 ENROLLEDHB NO. 1200
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subsequently approved by the legislature, this Section and Section 1 of this Act shall become1
effective on the day following such approval.2
(B) Section 2 of this Act shall become effective December 31, 2010.3
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: