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Regular Session, 2010
HOUSE BILL NO. 434
BY REPRESENTATIVE PUGH
ELECTION CODE: Makes revisions to the election code
AN ACT1
To amend and reenact R.S. 18:102.1(B), 152(C)(2)(a), 152.1, 154(C),2
425(A)(1)(b)(introductory paragraph), 428(D), 431(A)(1)(a), 433(B)(1) and (E)(2),3
591, 602(A), (B), and (C), 604(B)(1) and (2)(a), 1254(D), 1284(F), 1299.1, 1307(H),4
1308(B), 1314(B)(1), (C)(1)(b) and (3), and (D)(2), 1333(A), 1352, and5
1505.2(H)(1)(c) and (2)(a)(introductory paragraph), (b), and (f), (I)(1), and6
(R)(3)(a)(ii) and (b) and to enact R.S. 18:1307(I), relative to the Louisiana Election7
Code; to revise the system of laws comprising the Louisiana Election Code; to8
provide relative to records used by the registrar of voters; to provide relative to9
disclosure of voter information; to provide relative to courses of instruction for10
commissioners; to provide relative to vacancies in certain offices; to provide relative11
to propositions submitted to voters at certain elections; to provide relative to12
applying to vote absentee by mail; to provide relative to procedures for voting13
absentee by mail; to provide relative to absentee by mail and early voting14
commissioners; to provide relative to voting machines; to provide for the use of15
paper ballots; and to provide for related matters.16
Be it enacted by the Legislature of Louisiana:17
Section 1. R.S. 18:102.1(B), 152(C)(2)(a), 152.1, 154(C), 425(A)(1)(b)(introductory18
paragraph), 428(D), 431(A)(1)(a), 433(B)(1) and (E)(2), 591, 602(A), (B), and (C),19
604(B)(1) and (2)(a), 1254(D), 1284(F), 1299.1, 1307(H), 1308(B), 1314(B)(1), (C)(1)(b)20
and (3), and (D)(2), 1333(A), 1352, and 1505.2(H)(1)(c) and (2)(a)(introductory paragraph),21 HLS 10RS-679 ORIGINAL
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(b), and (f), (I)(1), and (R)(3)(a)(ii) and (b) are hereby amended and reenacted and R.S.1
18:1307(I) is hereby enacted to read as follows:2
§102.1. Persons with intellectual or cognitive disabilities3
* * *4
B. The Department of Health and Hospitals shall promulgate rules and5
regulations in accordance with the Administrative Procedure Act to ensure that6
persons with intellectual or cognitive disabilities for whom the department provides7
care and treatment who are not subject to a full interdiction or a limited interdiction8
in which the right to register and vote has specifically been suspended are permitted9
to do so in compliance with federal and state laws and regulations. Such rules and10
regulations shall be proposed within ninety days of the effective date* of this Section11
and such rules and regulations shall be subject to oversight by the Senate and12
Governmental Affairs Committee and the House and Governmental Affairs13
Committee in the manner provided in the Administrative Procedure Act.14
* * *15
§152. Required records16
* * *17
C.18
* * *19
(2)(a) Prior to each election, the registrar shall request a one current precinct20
register and duplicate precinct register from the Department of State for each21
precinct in the parish where an election is to be held. The Department of State shall22
also provide the registrar with one duplicate precinct register in electronic form.23
Such registers shall contain both the official list of voters and the inactive list of24
voters. Each precinct register shall contain information for identification of the voter25
at the polls, a space which the voter shall sign at the time he votes, a space for the26
initials of the commissioner at the polls, a space for the date of the election, and27
space for such other information as is deemed necessary.28
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§152.1. Destruction of records of the registrar of voters1
If original records of a registrar of voters are destroyed as a result of2
catastrophic loss or damage and there are no microfilm, microfiche, or scanned or3
electronically captured computerized images of the original records of voters, every4
attempt shall be made to re-create the records of voters who are not canceled.5
Computer records from the secretary of state's database shall be deemed the original6
records until such time as the records can be recreated re-created.7
* * *8
§154. Records open to inspection; copying; exceptions9
* * *10
C. Notwithstanding the provisions of this Section, neither the registrar nor11
the Department of State shall disclose the fact that a registered voter is entitled to12
assistance in voting or the social security number, driver's license number, day and13
month of the date of birth, or mother's maiden name of a registered voter or circulate14
the fact that registered voters are entitled to assistance in voting or the social security15
numbers, driver's license numbers, day and month of the dates of birth, or mother's16
maiden names of registered voters on commercial lists, except when voter17
registration data is transmitted to the office of motor vehicles of the Department of18
Public Safety and Corrections, for the purposes of verifying the accuracy and19
authenticity of the social security number, driver's license number, or full date of20
birth provided by the voter or when the full date of birth of a registered voter is21
transmitted to the Board of Ethics to verify the identity of a candidate for purposes22
of campaign finance reporting.23
* * *24
§425. Commissioners25
A. Number. (1) In addition to the commissioner-in-charge, at the following26
elections there shall be the following number of additional commissioners at each27
precinct:28
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(b) For all elections not specifically provided for in Subparagraph (A)(1)(a)1
(a) of this Paragraph or in Part III of Chapter 6 of this Code:2
* * *3
§428. Law enforcement assistance to commissioners4
* * *5
D. Office of the district attorney. The office of the district attorney in each6
parish in which an election where a candidate appears on the ballot is being7
conducted may remain open during the hours that polling places are required to be8
open for voting. However, the office of the district attorney in each parish in which9
a special bond or tax election is being held shall not remain open during the hours10
that polling places are required to be open for voting, unless requested by the11
governing authority.12
* * *13
§431. Commissioners; courses of instruction; certificates; reports; list of certified14
persons furnished by parish board of election supervisors15
A.(1)(a) At least semiannually annually the clerk of court shall conduct a16
general course of instruction for commissioners. These courses Each such course of17
instruction shall be open to the public, and the clerk shall publicize the courses each18
course in a manner reasonably calculated to encourage maximum attendance and19
participation. For informational purposes, the registrar may assist the clerk of court20
in conducting the course.21
* * *22
§433. Commissioners-in-charge; course of instruction; selection; commission;23
disqualification; replacement24
* * *25
B. Selection. (1) The parish board of election supervisors shall meet at26
10:00 a.m. on the first Friday in December in each year to select a commissioner-in-27
charge to serve at each precinct in the parish. The meeting shall be open to the28
public. The board shall have previously posted a notice on the front door of the29 HLS 10RS-679 ORIGINAL
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courthouse stating the location within the courthouse where the meeting is to be held.1
The selection of commissioners-in-charge shall be made from the certified list2
furnished by the clerk as required by R.S. 18:433(A)(5) Paragraph (A)(5) of this3
Section and in the manner hereafter set forth.4
* * *5
E.6
* * *7
(2) Disqualification. Upon a finding by the parish board of election8
supervisors that a commissioner-in-charge has performed his duties in a negligent9
manner, after appropriate hearing and opportunity for the commissioner-in-charge10
to be heard, the board shall disqualify him from service as a commissioner-in-charge.11
Such disqualification shall continue until the commissioner-in-charge has been12
recertified as having again attended the entirety of the course of instruction for13
commissioners-in-charge conducted pursuant to R.S. 18:433(A) Subsection A of this14
Section. Performance of duties in a negligent manner shall include failure to15
perform any of the duties of commissioner-in-charge or performance of any of the16
duties of commissioner-in-charge incorrectly.17
* * *18
§591. Vacancy in office of elective members of state boards and commissions19
Within twenty-four hours after any member of a state board or commission20
has knowledge of a vacancy in an elective office on that state board or commission,21
he shall notify the governor by certified mail of the vacancy, the date on which it22
occurred, and the cause thereof. Within ten days after he is notified of the vacancy,23
the governor shall appoint a person who has the qualifications for the office to fill24
the vacancy who has the qualifications for the office. When the office is or will be25
unoccupied because of the death of the official elected to the office, the governor26
shall make such appointment within twenty days after he is notified of the vacancy.27
However, if If the deadline for making the appointment falls on a Saturday, Sunday,28
or other legal holiday, then the next day which is not a Saturday, Sunday, or legal29 HLS 10RS-679 ORIGINAL
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holiday shall be deemed to be the final day for making such appointment. If the1
unexpired term is one year or less, the member so appointed shall serve for the2
remainder thereof. If the unexpired term exceeds one year, the governor, within ten3
days after he is notified of the vacancy, shall issue his proclamation ordering a4
special election to fill the vacancy, which shall specify, in accordance with R.S.5
18:402, the dates on which the primary and general elections shall be held, and in6
accordance with R.S. 18:467, 467.1, and 468, the dates of the qualifying period for7
the candidates in the special election. However, if the deadline for issuing the8
proclamation falls on a Saturday, Sunday, or other legal holiday, then the next day9
which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day10
for issuing such proclamation. Immediately thereafter the governor shall publish the11
proclamation in the official journal of each parish in which the election is to be held.12
Within twenty-four hours after issuing the proclamation, the governor shall send a13
copy of the proclamation to the secretary of state who shall within twenty-four hours14
after receipt of the information notify all election officials having any duty to15
perform in connection with the special election to fill such vacancy, including the16
parish boards of election supervisors for the parish or parishes in which the vacancy17
occurred. The governor may appoint a person to fill a vacancy and issue a18
proclamation ordering a special election when he learns of a vacancy, whether or not19
he has received notice thereof from a state board or commission member. Whenever20
a special election is required, the governor's appointee shall serve only until the21
successor is elected and takes office.22
* * *23
§602. Vacancies in certain local and municipal offices; exceptions24
A. When a vacancy occurs in the office of a member of a parish or municipal25
governing authority or a combination thereof, a mayor, or any other local or26
municipal office, except an office covered by Subsections B and C hereof of this27
Section and except the office of judge, state legislator, or marshal of a city or28
municipal court, and the office is filled by election wholly within the boundaries of29 HLS 10RS-679 ORIGINAL
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a local governmental subdivision, the governing authority of the local governmental1
subdivision where the vacancy occurs shall, within ten days, appoint a person to fill2
the vacancy who meets the qualifications of the office. When the office is or will be3
unoccupied by reason of the death of the official elected to the office, such4
appointment shall be made within twenty days. However, if If the deadline for5
making the appointment falls on a Saturday, Sunday, or other legal holiday, then the6
next day which is not a Saturday, Sunday, or legal holiday shall be deemed to be the7
final day for making such appointment. The presiding officer of the governing8
authority shall not be required to vote on such an appointment to be made by the9
governing authority of a local governmental subdivision unless a tie vote occurs10
thereon, in which case he shall vote to break the tie; however, in no case shall the11
presiding officer vote more than once on the appointment.12
B. When a vacancy occurs in the membership of a city or parish school13
board, the remaining members of the board shall, within ten days, declare that the14
vacancy has occurred and proceed to appoint a person who meets the qualifications15
of the office to fill the vacancy. When the office is or will be unoccupied by reason16
of the death of the official elected to the office, such declaration and appointment17
shall be made within twenty days. However, if If the deadline for making the18
appointment falls on a Saturday, Sunday, or other legal holiday, then the next day19
which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day20
for making such appointment. For the purposes of this Subsection, in addition to the21
definition of "vacancy" provided in R.S. 18:581, a "vacancy" in a city or parish22
school board office shall be deemed to have occurred when, in the case of a city23
school board, a member's residence no longer lies within the jurisdiction of the board24
or when, in the case of a parish school board, a member changes his domicile from25
the district he represents or, if elected after reapportionment, is domiciled outside the26
district he represents at the time he is sworn into office, any declaration of retention27
of domicile to the contrary notwithstanding.28 HLS 10RS-679 ORIGINAL
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C. When a vacancy occurs in any of the following offices, the duties of the1
office shall be assumed by the person hereinafter designated: (1) district attorney, by2
the first assistant; (2) clerk of a district court, by the chief deputy; (3) coroner, by the3
chief deputy; (4) sheriff, by the chief criminal deputy, except that in a parish that has4
both a civil sheriff and a criminal sheriff, the civil sheriff by the chief civil deputy,5
and the criminal sheriff, by the chief criminal deputy, respectively; and (5) tax6
assessor, by the chief deputy assessor. If there is no such person to assume the duties7
when the vacancy occurs, the governing authority or authorities of the parish or8
parishes affected shall, within ten days, appoint a person having the qualifications9
of the office to assume the duties of the office. When the office is or will be10
unoccupied by reason of the death of the official elected to the office, such11
appointment shall be made within twenty days. However, if If the deadline for12
making the appointment falls on a Saturday, Sunday, or other legal holiday, then the13
next day which is not a Saturday, Sunday, or legal holiday shall be deemed to be the14
final day for making such appointment.15
* * *16
§604. Marshal of city or municipal court; temporary absence; vacancy17
* * *18
B.(1) When a vacancy occurs in the office of constable or marshal of a city19
or municipal court and the unexpired term of the office is one year or less, the chief20
deputy shall assume such duties and position and shall serve for the remainder of the21
expired term. However, in those cases where there is no such person to assume the22
duties when the vacancy occurs, the appropriate governing authority shall within ten23
days appoint a person having the qualifications of the office to assume the duties of24
the office for the remainder of the unexpired term. When the office is or will be25
unoccupied by reason of the death of the official elected to the office, such26
appointment shall be made within twenty days. However, if If the deadline for27
making the appointment falls on a Saturday, Sunday, or other legal holiday, then the28
next day which is not a Saturday, Sunday, or legal holiday shall be deemed to be the29 HLS 10RS-679 ORIGINAL
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final day for making such appointment. The appointment shall be made by the1
governing authority of the parish, unless the jurisdiction of the city or municipal2
court is wholly within the municipal city limits, in which case, such appointment3
shall be made within ten days by the municipal governing authority. When the office4
is or will be unoccupied by reason of the death of the official elected to the office,5
such appointment shall be made within twenty days. However, if If the deadline for6
making the appointment falls on a Saturday, Sunday, or other legal holiday, then the7
next day which is not a Saturday, Sunday, or legal holiday shall be deemed to be the8
final day for making such appointment. If the appropriate governing authority fails9
to fill the vacancy within ten days or twenty days, as applicable, the governor shall10
fill the vacancy. The judge of the city or municipal court which he serves shall fix11
the amount of the bond.12
(2)(a) When the unexpired term exceeds one year, the chief deputy shall13
assume such duties and position and shall serve until the successor is elected and14
takes office. If there is no such person to assume the duties when the vacancy15
occurs, the appropriate governing authority shall within ten days appoint a person16
having the qualifications of the office to assume the duties of the office until the17
successor is elected and takes office. When the office is or will be unoccupied by18
reason of the death of the official elected to the office, such appointment shall be19
made within twenty days. However, if If the deadline for making the appointment20
falls on a Saturday, Sunday, or other legal holiday, then the next day which is not a21
Saturday, Sunday, or legal holiday shall be deemed to be the final day for making22
such appointment. If the appropriate governing authority fails to fill the vacancy23
within ten days or twenty days, as applicable, the governor shall fill the vacancy.24
The appropriate governing authority shall, within ten days after the vacancy occurs,25
issue a proclamation ordering a special election to fill the vacancy and shall specify26
in the proclamation, in accordance with R.S. 18:402, the dates on which the primary27
and general elections shall be held and, in accordance with R.S. 18:467, 467.1, and28
468, the dates of the qualifying period for candidates in the special election.29 HLS 10RS-679 ORIGINAL
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However, if the deadline for issuing the proclamation falls on a Saturday, Sunday,1
or other legal holiday, then the next day which is not a Saturday, Sunday, or legal2
holiday shall be deemed to be the final day for issuing such proclamation. If the3
appropriate governing authority fails to issue the proclamation within ten days after4
the vacancy occurs, the governor shall issue the proclamation.5
* * *6
§1254. Slates of independent candidates; nominating petitions and qualifying by7
payment of qualifying fees8
* * *9
D. Any slate of candidates for presidential elector that qualifies by payment10
of a qualifying fee shall be a full slate of candidates for elector, one from each11
congressional district and two from the state at large, and shall submit with the12
qualifying fee the following information for each candidate:13
(1) The candidate's name;.14
(2) The address of his domicile;.15
(3) The office sought;.16
(4) The names of the candidate for president and the candidate for vice17
president whom the candidates for elector support; however, neither the candidate18
for president nor the candidate for vice president supported by the slate of candidates19
for elector shall be a candidate for that office supported by a recognized political20
party or by a slate of candidates for elector who have previously filed a nominating21
petition or qualified by the payment of a qualifying fee for that election ;.22
(5) The recognized political party, if any, with which each candidate for23
presidential elector is affiliated;.24
(6) In not more than three words, the political principle that he represents;25
and.26
(7) The date of the election for which he seeks to qualify.27
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§1284. Resolution calling election; proposition1
* * *2
F.(1) The preparation of the statement of the proposition to be submitted to3
the voters at an election shall be the responsibility of the governing authority of the4
political subdivision ordering the election. The statement of the proposition shall5
also include a simple and unbiased concise summary in easily understood language6
which sets forth the substance of the proposition include the information required by7
this Section in simple, unbiased, concise, and easily understood language and be in8
the form of a question. The statement of the proposition, including the summary,9
shall not exceed four two hundred words in length. Such summary shall be placed10
at the beginning of the statement of the proposition.11
(2) The secretary of state shall be responsible for ensuring that the statement12
of the proposition contains the summary as provided in Paragraph (1) of this13
Subsection complies with the requirements of this Section.14
* * *15
§1299.1. Statement of question Question or proposition to be voted on; statement16
length17
A. The preparation of the statement of any a question or proposition to be18
submitted to the voters at an election shall be the responsibility of the governing19
authority or other entity calling the election or submitting the question or20
proposition. The statement of the proposition shall also include a simple and21
unbiased concise summary in easily understood language which sets forth the22
substance of the proposition be comprised of simple, unbiased, concise, and easily23
understood language and be in the form of a question. The statement of the24
proposition, including the summary, shall not exceed four two hundred words in25
length. Such summary shall be placed at the beginning of the statement of the26
proposition.27 HLS 10RS-679 ORIGINAL
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B. The secretary of state shall be responsible for ensuring that the statement1
of the proposition contains the summary as provided in Subsection A complies with2
the requirements of this Section.3
* * *4
§1307. Application by mail5
* * *6
H. If the applicant is eligible to vote absentee by mail pursuant to R.S.7
18:1303(H), his application, if such application meets the requirements of this8
Section, shall remain valid as long as the applicant is a program participant in the9
Department of State Address Confidentiality Program pursuant to Part III of Chapter10
1 of Title 44 of the Louisiana Revised Statutes of 1950. When the applicant ceases11
participation in the program, the registrar shall send notice by forwardable mail to12
the applicant that his application will no longer be valid, and the applicant shall be13
required to submit a new application to the registrar that meets the requirements of14
this Section and provide a current address before the applicant will be eligible to vote15
absentee by mail again pursuant to this Section.16
I. If the registrar of voters has reason to believe that the eligibility of a voter17
to vote absentee by mail pursuant to R.S. 18:1303(I) is based upon false or fraudulent18
information, he shall immediately notify the parish board of election supervisors.19
If, after appropriate hearing and opportunity for the voter to be heard, the parish20
board of election supervisors finds that the voter's eligibility to vote absentee by mail21
was based upon false or fraudulent information, the board shall inform the22
appropriate district attorney and the registrar of voters who shall not allow the voter23
to vote absentee by mail pursuant to R.S. 18:1303(I).24
* * *25
§1308. Absentee voting by mail26
* * *27
B. The ballot shall be marked as provided in R.S. 18:1310 and returned to28
the registrar by the United States Postal Service, commercial delivery service, or29 HLS 10RS-679 ORIGINAL
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hand delivery. If hand delivered by other than a commercial delivery service or the1
United States Postal Service, the registrar shall require that the person making such2
delivery sign a statement prepared by the secretary of state certifying that he has the3
authorization and consent of the voter to hand deliver the marked ballot. No person,4
except the immediate family of any voter, as defined in this Code, shall hand deliver5
more than one marked ballot to the registrar of voters. Upon its receipt, the registrar6
shall post the name and precinct of the voter as required by R.S. 18:1311.7
* * *8
§1314. Absentee by mail and early voting commissioners9
* * *10
B. Selection for a primary or first party primary election. (1) The parish11
board of election supervisors shall determine the number of absentee by mail and12
early voting commissioners necessary to count the absentee by mail and early voting13
ballots in the parish. The parish board of election supervisors shall select a minimum14
of three maximum of six such commissioners. If the parish board of election15
supervisors determines that the number of absentee by mail and early voting16
commissioners should be increased to more than six such commissioners, the parish17
board shall make a request to the secretary of state for the additional absentee by18
mail and early voting commissioners. If the secretary of state or his designee19
determines that there is a need for the additional absentee by mail and early voting20
commissioners, the parish board shall select the additional absentee by mail and21
early voting commissioners.22
* * *23
C. Selection for second party primary or general election. (1)24
* * *25
(b) If it determines that the number cannot be reduced or should be26
increased, those persons who served as absentee by mail and early voting27
commissioners and alternate absentee by mail and early voting commissioners for28
the parish in the primary or first party primary election shall serve in the second29 HLS 10RS-679 ORIGINAL
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party primary and general election, unless replaced or disqualified in the manner1
provided by law for commissioners and alternate commissioners. The number of2
absentee by mail and early voting commissioners for a second party primary and3
general election shall not be less than three. If the parish board of election4
supervisors determines that the number of absentee by mail and early voting5
commissioners should be increased to more than the number of such commissioners6
who served in the primary or first party primary election, the parish board shall make7
a request to the secretary of state for the additional absentee by mail and early voting8
commissioners. If the secretary of state or his designee determines that there is a9
need for the additional absentee by mail and early voting commissioners, the parish10
board shall select the additional absentee by mail and early voting commissioners.11
* * *12
(3) If the parish board determines and the secretary of state or his designee13
have determined that the number of absentee by mail and early voting commissioners14
should be increased, the parish board shall meet at 10:00 a.m. on the fifth day before15
the second party primary election and the general election and shall select the16
additional absentee by mail and early voting commissioners and alternate absentee17
by mail and early voting commissioners to serve in the second party primary election18
and the general election for that parish from the list of certified commissioners who19
have not been chosen to serve in the second party primary and the general election20
as a commissioner-in-charge, commissioner, or, if applicable, absentee by mail and21
early voting commissioner in the manner provided by law for the selection of22
commissioners and alternate commissioners. If there are not enough certified23
commissioners to select the appropriate number of absentee by mail and early voting24
commissioners and alternate absentee by mail and early voting commissioners, the25
board of election supervisors may select a qualified elector of the parish to serve;26
however, no such elector shall serve as an absentee by mail and early voting27
commissioner if a certified commissioner has been selected as an alternate absentee28
by mail and early voting commissioner.29 HLS 10RS-679 ORIGINAL
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D. Selection for provisional ballot counting for a primary or general election.1
* * *2
(2) Upon approval by the secretary of state or his designee, the parish board3
of election supervisors shall appoint the approved number of absentee by mail and4
early voting commissioners for assistance to the board in counting and tabulating the5
provisional ballots.6
* * *7
§1333. Nursing home early voting program; voting by persons residing in a nursing8
home9
A. For purposes of this Section, the term "nursing home" shall have the10
meaning ascribed to it in R.S. 40:2009.2(1) and, with respect to a person with a11
physical disability who resides in a hospital for an extended period of time by reason12
of a physical disability that makes it improbable that he will be able to vote in person13
at the polls on election day or during early voting, the term also shall mean a14
hospital. "Nursing home" for the purpose of this Section shall also mean a veterans'15
home, operated by the state or federal government, where a person, with a physical16
disability who is unable to vote in person at the polls or during early voting because17
of a physical disability, resides.18
* * *19
§1352. Use of voting machines throughout state; exception for failure of voting20
equipment and absentee by mail and early voting21
A. Voting machines shall be used throughout this state in all elections.22
B. Notwithstanding Subsection A of this Section, paper ballots may be used23
when voting machines fail.24
C. ; however, nothing Nothing in this Chapter shall prohibit absentee by mail25
and early voting as otherwise provided in this Title.26
* * *27
§1505.2. Contributions; expenditures; certain prohibitions and limitations28
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H.(1)1
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(c) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,3
the contribution limit for contributions made to an unsuccessful major office4
candidate, or the principal campaign committee and any subsidiary committee of5
such unsuccessful candidate, who does not participate in the general election and for6
the time period for which such candidate has a deficit for expenditures made through7
the day of the primary election, shall be ten thousand dollars.8
(2)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection,9
the following contribution limits are established for contributions by political10
committees supporting or opposing a candidate for the following offices:11
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(b) Notwithstanding the provisions of Paragraph (1) and Subparagraph (2)(a)13
of this Subsection, the following campaign contribution limits are established for14
contributions by political committees supporting or opposing a candidate for the15
following offices, the membership of which political committee exceeds two16
hundred and fifty members as of the December thirty-first of the preceding calendar17
year, and additionally provided that at least two hundred and fifty of the members18
have each contributed at least fifty dollars to the political committee during the19
preceding one-year period:20
(i) Major office - ten thousand dollars.21
(ii) District office - five thousand dollars.22
(iii) Other office - two thousand dollars.23
No contribution in excess of the limits contained in Subparagraph (2)(a) (a)24
of this Subsection Paragraph shall be made by any political committee until such25
membership certification is made on the statement of organization form required by26
this Chapter and timely submitted to the supervisory committee by the applicable27
due date. Any political committee certified under this Paragraph shall notify the28 HLS 10RS-679 ORIGINAL
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supported candidate in writing at the time any contribution is made under this1
Paragraph.2
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(f) Notwithstanding the provisions of Paragraph (1) and Subparagraphs4
(2)(a) and (b) of this Subsection, the contributions limit for contributions by political5
committees certified according to the provisions of Subparagraph (2)(b) of this6
Subsection to an unsuccessful major office candidate, or the principal campaign7
committee and subsidiary committee of such unsuccessful candidate, who does not8
participate in the general election and for the time period for which such candidate9
has a deficit for expenditures made through the day of the primary election, shall be10
twenty thousand dollars.11
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I.(1) On and after January 1, 1991, contributions received by a candidate or13
a political committee may be expended for any lawful purpose, but such funds shall14
not be used, loaned, or pledged by any person for any personal use unrelated to a15
political campaign, the holding of a public office or party position, or, in the case of16
a political committee, other than a candidate's principal campaign committee or17
subsidiary committee, the administrative costs or operating expenses of the political18
committee; except that excess campaign funds may be returned to contributors on19
a pro rata basis, given as a charitable contribution as provided in 26 USC U.S.C.20
170(c), given to a charitable organization as defined in 26 USC U.S.C. 501(c)(3),21
expended in support of or in opposition to a proposition, political party, or candidacy22
of any person, or maintained in a segregated fund for use in future political23
campaigns or activity related to preparing for future candidacy to elective office.24
However, the use of campaign funds of a candidate or his principal or subsidiary25
committees to reimburse a candidate for expenses related to his political campaign26
or his holding of a public office or party position shall not be considered personal use27
by the candidate. If a candidate is required by state or federal law to pay taxes on the28
interest earned by campaign funds of the candidate or any political committee of the29 HLS 10RS-679 ORIGINAL
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candidate, the candidate may use the interest on which such tax is paid for such1
purpose. A payment from campaign funds shall not be considered as having been2
spent for personal use when the funds are used to replace articles lost, stolen, or3
damaged in connection with the campaign.4
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R.6
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(3)(a)8
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(ii) The provisions of this Subsection shall not prohibit the governor from10
obtaining a loan for his own campaign from a state bank, a federally chartered11
depository institution, or a depository institution the deposits or accounts of which12
are insured by the Federal Deposit Insurance Corporation, Federal Savings and Loan13
Insurance Corporation, or the National Credit Union Administration, any licensed14
lender under the Louisiana Consumer Credit Law, or an insurance company, made15
in accordance with applicable law and in the ordinary course of business, provided16
that the governor is the sole endorser or guarantor of the loan and that the loan is17
made on a basis which assures repayment evidenced by a written instrument, is18
subject to a due date or amortization schedule, and bears the usual and customary19
interest rate of the lending institution.20
(b) The provisions of Paragraphs (R)(1) (1) and (2) of this Subsection shall21
not apply if the governor is a candidate for the office of United States senator; the22
office of United States representative; an office which is to be filled by an election23
which occurs during the regular legislative session during which the contribution,24
loan, or transfer of funds or in-kind contribution is accepted or within sixty days after25
such regular legislative session adjourns; or an office other than that of governor.26
However, if the governor accepts a contribution, loan, or transfer of funds or in-kind27
contribution during a regular legislative session or within thirty days after such a28
regular legislative session adjourns for a state or local office to which the prohibition29 HLS 10RS-679 ORIGINAL
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in this Subsection does not apply and the governor chooses not to seek said office or1
fails to qualify for said office, the governor shall return, in the manner prescribed by2
the supervisory committee, each such contribution, loan, transfer of funds, or in-kind3
contribution which remains unexpended or unencumbered for expenses directly4
related to such campaign for said office.5
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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)]
Pugh HB No. 434
Abstract: Revises the system of laws comprising the La. Election Code.
Present law (R.S. 18:152) provides that prior to each election, the registrar shall request a
current precinct register and duplicate precinct register for each precinct in the parish where
an election is to be held. Proposed law repeals the requirement for a hard copy duplicate
precinct register. Provides that the Dept. of State will provide the registrar with a duplicate
precinct register in electronic form instead.
Present law (R.S. 18:154) prohibits the registrar and the Dept. of State from disclosing
certain voter information, including the day and month of the date of birth of a voter.
Proposed law retains present law, but provides an exception for transmitting the full date of
birth of a voter to the Board of Ethics to verify the identity of a candidate for purposes of
campaign finance reporting.
Present law requires the clerk of court to conduct a general course of instruction for
commissioners at least semiannually. Proposed law changes this requirement to provide that
the course of instruction be conducted at least annually instead of semiannually.
Present law (R.S. 18:591, 602, and 604) provides a 10-day deadline for making an
appointment to fill a vacancy in the offices of elective members of state boards and
commissions and certain local and municipal offices. Proposed law retains present law but
additionally provides that if the vacancy is due to the death of the official, the deadline is
extended to 20 days.
Present law (R.S. 19:1284 and 1299.1) provides relative to bond, debt, and tax elections and
other elections where a proposition or question is put to the voters. Provides requirements
for a statement of a proposition to be submitted to the voters. Provides that the statement
is the responsibility of the governing authority, political subdivision, or other entity calling
the election. Requires certain information to be included, including a simple, unbiased, and
concise summary of the proposition. Provides that the statement of the proposition shall not
exceed 400 words. Provides that the secretary of state is responsible for ensuring that the
statement of the proposition contains a summary as required by present law.
Proposed law repeals references to a "statement of a proposition" and applies requirements
to the proposition itself. Provides that the proposition shall not exceed 200 words, instead
of 400. Requires the proposition to be stated in the form of a question. Provides that the HLS 10RS-679 ORIGINAL
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secretary of state shall ensure that the proposition complies with proposed law. Otherwise
retains present law.
Present law (R.S. 44:52 et seq.) provides for the Dept. of State Address Confidentiality
Program. Provides for the confidentiality of the physical addresses of program participants
who are victims of abuse, sexual assault, or stalking.
Present law (R.S. 18:1303) provides eligibility requirements for voting absentee by mail.
Provides that a program participant in the Address Confidentiality Program is eligible to vote
absentee by mail. Present law (R.S. 18:1308) provides procedures and requirements for
applying to vote absentee by mail. Requires the submission within certain deadlines of an
application containing certain information.
Proposed law retains present law. Additionally provides that if a person applying to vote
absentee by mail is a program participant in the Address Confidentiality Program pursuant
to present law his application, if it meets the requirements of present law, shall remain valid
as long as the applicant is a program participant in the Address Confidentiality Program.
Provides that when the applicant ceases participation in the program, the registrar shall send
notice by forwardable mail to the applicant that his application will no longer be valid, and
the applicant shall be required to submit a new application to the registrar that meets the
requirements of present law and provide a current address before the applicant will be
eligible to vote absentee by mail again.
Present law (R.S. 18:1308) provides procedures for voting absentee by mail. Requires the
ballot to be marked as required by present law (R.S. 18:1308) and returned to the registrar.
Proposed law retains present law, but provides relative to specific methods of delivery.
Provides that a marked ballot may be returned to the registrar by the U.S. Postal Service,
commercial delivery service, or hand delivery. Provides that if hand delivered by other than
a commercial delivery service or the U.S. Postal Service, the registrar shall require that the
person making such delivery sign a statement prepared by the secretary of state certifying
that he has the authorization and consent of the voter to hand deliver the marked ballot.
Provides that no person, except the immediate family of any voter shall hand deliver more
than one marked ballot to the registrar of voters.
Present law (R.S. 18:1314) provides relative to absentee by mail and early voting
commissioners. Provides for qualifications and selection. Provides that the parish board of
election supervisors shall determine the number of absentee by mail and early voting
commissioners necessary for an election. Requires the board to select at least three for the
primary or first party primary election. Allows the board to increase or decrease the number
of absentee by mail and early voting commissioners for a second party primary or general
election.
Proposed law repeals the minimum number of absentee by mail and early voting
commissioners that must be selected and provides for a maximum of six such
commissioners. Requires approval of the secretary of state or his designee if the board seeks
to use more than six absentee by mail and early voting commissioners for an election.
Requires approval of the secretary of state or his designee to increase the number of
commissioners to be used at the second party primary or general election. Provides that a
designee of the secretary of state may approve the number of absentee by mail and early
voting commissioners used to count and tabulate provisional ballots Otherwise retains
present law.
Present law (R.S. 18:1352) provides that voting machines shall be used throughout the state
in all elections, provided that nothing in present law prohibits absentee by mail and early
voting. Proposed law provides that paper ballots may be used when voting machines fail.
Otherwise retains present law. HLS 10RS-679 ORIGINAL
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Proposed law makes various technical changes.
(Amends R.S. 18:102.1(B), 152(C)(2)(a), 152.1, 154(C), 425(A)(1)(b)(intro. para.), 428(D),
431(A)(1)(a), 433(B)(1) and (E)(2), 591, 602(A), (B), and (C), 604(B)(1) and (2)(a),
1254(D), 1284(F), 1299.1, 1307(H), 1308(B), 1314(B)(1), (C)(1)(b) and (3), and (D)(2),
1333(A), 1352, and 1505.2(H)(1)(c) and (2)(a)(intro. para.), (b), and (f), (I)(1), and
(R)(3)(a)(ii) and (b); Adds R.S. 18:1307(I))