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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), 402(G),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 HLS 10RS-679 ENGROSSED
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Section 1. R.S. 18:102.1(B), 152(C)(2)(a), 152.1, 154(C), 402(G),1
425(A)(1)(b)(introductory paragraph), 428(D), 431(A)(1)(a), 433(B)(1) and (E)(2), 591,2
602(A), (B), and (C), 604(B)(1) and (2)(a), 1254(D), 1284(F), 1299.1, 1307(H), 1308(B),3
1314(B)(1), (C)(1)(b) and (3), and (D)(2), 1333(A), 1352, and 1505.2(H)(1)(c) and4
(2)(a)(introductory paragraph), (b), and (f), (I)(1), and (R)(3)(a)(ii) and (b) are hereby5
amended and reenacted and R.S. 18:1307(I) is hereby enacted to read as follows:6
§102.1. Persons with intellectual or cognitive disabilities7
* * *8
B. The Department of Health and Hospitals shall promulgate rules and9
regulations in accordance with the Administrative Procedure Act to ensure that10
persons with intellectual or cognitive disabilities for whom the department provides11
care and treatment who are not subject to a full interdiction or a limited interdiction12
in which the right to register and vote has specifically been suspended are permitted13
to do so in compliance with federal and state laws and regulations. Such rules and14
regulations shall be proposed within ninety days of the effective date* of this Section15
and such rules and regulations shall be subject to oversight by the Senate and16
Governmental Affairs Committee and the House and Governmental Affairs17
Committee in the manner provided in the Administrative Procedure Act.18
* * *19
§152. Required records20
* * *21
C.22
* * *23
(2)(a) Prior to each election, the registrar shall request obtain a one current24
precinct register and duplicate precinct register for each precinct in the parish where25
an election is to be held. The Department of State shall provide the registrar with26
one duplicate precinct register in electronic form. Such registers shall contain both27
the official list of voters and the inactive list of voters. Each precinct register shall28
contain information for identification of the voter at the polls, a space which the29 HLS 10RS-679 ENGROSSED
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voter shall sign at the time he votes, a space for the initials of the commissioner at1
the polls, a space for the date of the election, and space for such other information2
as is deemed necessary.3
* * *4
§152.1. Destruction of records of the registrar of voters5
If original records of a registrar of voters are destroyed as a result of6
catastrophic loss or damage and there are no microfilm, microfiche, or scanned or7
electronically captured computerized images of the original records of voters, every8
attempt shall be made to re-create the records of voters who are not canceled.9
Computer records from the secretary of state's database shall be deemed the original10
records until such time as the records can be recreated re-created.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 of a registered voter or circulate18
the fact that registered voters are entitled to assistance in voting or the social security19
numbers, driver's license numbers, day and month of the dates of birth, or mother's20
maiden names of registered voters on commercial lists, except when voter21
registration data is transmitted to the office of motor vehicles of the Department of22
Public Safety and Corrections, for the purposes of verifying the accuracy and23
authenticity of the social security number, driver's license number, or full date of24
birth provided by the voter or when the full date of birth of a registered voter is25
transmitted to the Board of Ethics to verify the identity of a candidate for purposes26
of campaign finance reporting.27
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§402. Dates of primary and general elections1
* * *2
G. Prohibited days. No election of any kind shall be held in this state on any3
of the days of Rosh Hashanah Hashana, Yom Kippur, Sukkoth Sukkot, Shimini4
Atzereth Shemini Atzeret, Simchas Torah Simchat Torah, the first two days and the5
last two days of Passover, Shavuoth Shavuot, Fast of AV Tish'a B'Av, the two days6
preceding Labor Day or the three days preceding Easter. If the date of any election7
falls on any of the above named days, the election shall be held on the same weekday8
of the preceding week. If the date of the election for a second party primary is9
advanced pursuant to this Subsection, the first party primary shall also be advanced10
by the same number of weeks.11
* * *12
§425. Commissioners13
A. Number. (1) In addition to the commissioner-in-charge, at the following14
elections there shall be the following number of additional commissioners at each15
precinct:16
* * *17
(b) For all elections not specifically provided for in Subparagraph (A)(1)(a)18
(a) of this Paragraph or in Part III of Chapter 6 of this Code:19
* * *20
§428. Law enforcement assistance to commissioners21
* * *22
D. Office of the district attorney. The office of the district attorney in each23
parish in which an election where a candidate appears on the ballot is being24
conducted may remain open during the hours that polling places are required to be25
open for voting. However, the office of the district attorney in each parish in which26
a special bond or tax election is being held shall not remain open during the hours27 HLS 10RS-679 ENGROSSED
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that polling places are required to be open for voting, unless requested by the1
governing authority.2
* * *3
§431. Commissioners; courses of instruction; certificates; reports; list of certified4
persons furnished by parish board of election supervisors5
A.(1)(a) At least semiannually annually the clerk of court shall conduct a6
general course of instruction for commissioners. These courses Each such course of7
instruction shall be open to the public, and the clerk shall publicize the courses each8
course in a manner reasonably calculated to encourage maximum attendance and9
participation. For informational purposes, the registrar may assist the clerk of court10
in conducting the course.11
* * *12
§433. Commissioners-in-charge; course of instruction; selection; commission;13
disqualification; replacement14
* * *15
B. Selection. (1) The parish board of election supervisors shall meet at16
10:00 a.m. on the first Friday in December in each year to select a commissioner-in-17
charge to serve at each precinct in the parish. The meeting shall be open to the18
public. The board shall have previously posted a notice on the front door of the19
courthouse stating the location within the courthouse where the meeting is to be held.20
The selection of commissioners-in-charge shall be made from the certified list21
furnished by the clerk as required by R.S. 18:433(A)(5) Paragraph (A)(5) of this22
Section and in the manner hereafter set forth.23
* * *24
E.25
* * *26
(2) Disqualification. Upon a finding by the parish board of election27
supervisors that a commissioner-in-charge has performed his duties in a negligent28
manner, after appropriate hearing and opportunity for the commissioner-in-charge29 HLS 10RS-679 ENGROSSED
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to be heard, the board shall disqualify him from service as a commissioner-in-charge.1
Such disqualification shall continue until the commissioner-in-charge has been2
recertified as having again attended the entirety of the course of instruction for3
commissioners-in-charge conducted pursuant to R.S. 18:433(A) Subsection A of this4
Section. Performance of duties in a negligent manner shall include failure to5
perform any of the duties of commissioner-in-charge or performance of any of the6
duties of commissioner-in-charge incorrectly.7
* * *8
§591. Vacancy in office of elective members of state boards and commissions9
Within twenty-four hours after any member of a state board or commission10
has knowledge of a vacancy in an elective office on that state board or commission,11
he shall notify the governor by certified mail of the vacancy, the date on which it12
occurred, and the cause thereof. Within ten days after he is notified of the vacancy,13
the governor shall appoint a person who has the qualifications for the office to fill14
the vacancy who has the qualifications for the office. When the office is or will be15
unoccupied because of the death of the official elected to the office, the governor16
shall make such appointment within twenty days after he is notified of the vacancy.17
However, if If the deadline for making the appointment falls on a Saturday, Sunday,18
or other legal holiday, then the next day which is not a Saturday, Sunday, or legal19
holiday shall be deemed to be the final day for making such appointment. If the20
unexpired term is one year or less, the member so appointed shall serve for the21
remainder thereof. If the unexpired term exceeds one year, the governor, within ten22
days after he is notified of the vacancy, shall issue his proclamation ordering a23
special election to fill the vacancy, which shall specify, in accordance with R.S.24
18:402, the dates on which the primary and general elections shall be held, and in25
accordance with R.S. 18:467, 467.1, and 468, the dates of the qualifying period for26
the candidates in the special election. However, if the deadline for issuing the27
proclamation falls on a Saturday, Sunday, or other legal holiday, then the next day28
which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day29 HLS 10RS-679 ENGROSSED
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for issuing such proclamation. Immediately thereafter the governor shall publish the1
proclamation in the official journal of each parish in which the election is to be held.2
Within twenty-four hours after issuing the proclamation, the governor shall send a3
copy of the proclamation to the secretary of state who shall within twenty-four hours4
after receipt of the information notify all election officials having any duty to5
perform in connection with the special election to fill such vacancy, including the6
parish boards of election supervisors for the parish or parishes in which the vacancy7
occurred. The governor may appoint a person to fill a vacancy and issue a8
proclamation ordering a special election when he learns of a vacancy, whether or not9
he has received notice thereof from a state board or commission member. Whenever10
a special election is required, the governor's appointee shall serve only until the11
successor is elected and takes office.12
* * *13
§602. Vacancies in certain local and municipal offices; exceptions14
A. When a vacancy occurs in the office of a member of a parish or municipal15
governing authority or a combination thereof, a mayor, or any other local or16
municipal office, except an office covered by Subsections B and C hereof of this17
Section and except the office of judge, state legislator, or marshal of a city or18
municipal court, and the office is filled by election wholly within the boundaries of19
a local governmental subdivision, the governing authority of the local governmental20
subdivision where the vacancy occurs shall, within ten days, appoint a person to fill21
the vacancy who meets the qualifications of the office. When the office is or will be22
unoccupied by reason of the death of the official elected to the office, such23
appointment shall be made within twenty days. However, if If the deadline for24
making the appointment falls on a Saturday, Sunday, or other legal holiday, then the25
next day which is not a Saturday, Sunday, or legal holiday shall be deemed to be the26
final day for making such appointment. The presiding officer of the governing27
authority shall not be required to vote on such an appointment to be made by the28
governing authority of a local governmental subdivision unless a tie vote occurs29 HLS 10RS-679 ENGROSSED
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thereon, in which case he shall vote to break the tie; however, in no case shall the1
presiding officer vote more than once on the appointment.2
B. When a vacancy occurs in the membership of a city or parish school3
board, the remaining members of the board shall, within ten days, declare that the4
vacancy has occurred and proceed to appoint a person who meets the qualifications5
of the office to fill the vacancy. When the office is or will be unoccupied by reason6
of the death of the official elected to the office, such declaration and appointment7
shall be made within twenty days. However, if If the deadline for making the8
appointment 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 making such appointment. For the purposes of this Subsection, in addition to the11
definition of "vacancy" provided in R.S. 18:581, a "vacancy" in a city or parish12
school board office shall be deemed to have occurred when, in the case of a city13
school board, a member's residence no longer lies within the jurisdiction of the board14
or when, in the case of a parish school board, a member changes his domicile from15
the district he represents or, if elected after reapportionment, is domiciled outside the16
district he represents at the time he is sworn into office, any declaration of retention17
of domicile to the contrary notwithstanding.18
C. When a vacancy occurs in any of the following offices, the duties of the19
office shall be assumed by the person hereinafter designated: (1) district attorney, by20
the first assistant; (2) clerk of a district court, by the chief deputy; (3) coroner, by the21
chief deputy; (4) sheriff, by the chief criminal deputy, except that in a parish that has22
both a civil sheriff and a criminal sheriff, the civil sheriff by the chief civil deputy,23
and the criminal sheriff, by the chief criminal deputy, respectively; and (5) tax24
assessor, by the chief deputy assessor. If there is no such person to assume the duties25
when the vacancy occurs, the governing authority or authorities of the parish or26
parishes affected shall, within ten days, appoint a person having the qualifications27
of the office to assume the duties of the office. When the office is or will be28
unoccupied by reason of the death of the official elected to the office, such29 HLS 10RS-679 ENGROSSED
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appointment shall be made within twenty days. However, if If the deadline for1
making the appointment falls on a Saturday, Sunday, or other legal holiday, then the2
next day which is not a Saturday, Sunday, or legal holiday shall be deemed to be the3
final day for making such appointment.4
* * *5
§604. Marshal of city or municipal court; temporary absence; vacancy6
* * *7
B.(1) When a vacancy occurs in the office of constable or marshal of a city8
or municipal court and the unexpired term of the office is one year or less, the chief9
deputy shall assume such duties and position and shall serve for the remainder of the10
expired term. However, in those cases where there is no such person to assume the11
duties when the vacancy occurs, the appropriate governing authority shall within ten12
days appoint a person having the qualifications of the office to assume the duties of13
the office for the remainder of the unexpired term. When the office is or will be14
unoccupied by reason of the death of the official elected to the office, such15
appointment shall be made within twenty days. However, if If the deadline for16
making the appointment falls on a Saturday, Sunday, or other legal holiday, then the17
next day which is not a Saturday, Sunday, or legal holiday shall be deemed to be the18
final day for making such appointment. The appointment shall be made by the19
governing authority of the parish, unless the jurisdiction of the city or municipal20
court is wholly within the municipal city limits, in which case, such appointment21
shall be made within ten days by the municipal governing authority. When the office22
is or will be unoccupied by reason of the death of the official elected to the office,23
such appointment shall be made within twenty days. However, if If the deadline for24
making the appointment falls on a Saturday, Sunday, or other legal holiday, then the25
next day which is not a Saturday, Sunday, or legal holiday shall be deemed to be the26
final day for making such appointment. If the appropriate governing authority fails27
to fill the vacancy within ten days or twenty days, as applicable, the governor shall28 HLS 10RS-679 ENGROSSED
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fill the vacancy. The judge of the city or municipal court which he serves shall fix1
the amount of the bond.2
(2)(a) When the unexpired term exceeds one year, the chief deputy shall3
assume such duties and position and shall serve until the successor is elected and4
takes office. If there is no such person to assume the duties when the vacancy5
occurs, the appropriate governing authority shall within ten days appoint a person6
having the qualifications of the office to assume the duties of the office until the7
successor is elected and takes office. When the office is or will be unoccupied by8
reason of the death of the official elected to the office, such appointment shall be9
made within twenty days. However, if If the deadline for making the appointment10
falls on a Saturday, Sunday, or other legal holiday, then the next day which is not a11
Saturday, Sunday, or legal holiday shall be deemed to be the final day for making12
such appointment. If the appropriate governing authority fails to fill the vacancy13
within ten days or twenty days, as applicable, the governor shall fill the vacancy.14
The appropriate governing authority shall, within ten days after the vacancy occurs,15
issue a proclamation ordering a special election to fill the vacancy and shall specify16
in the proclamation, in accordance with R.S. 18:402, the dates on which the primary17
and general elections shall be held and, in accordance with R.S. 18:467, 467.1, and18
468, the dates of the qualifying period for candidates in the special election.19
However, if the deadline for issuing the proclamation falls on a Saturday, Sunday,20
or other legal holiday, then the next day which is not a Saturday, Sunday, or legal21
holiday shall be deemed to be the final day for issuing such proclamation. If the22
appropriate governing authority fails to issue the proclamation within ten days after23
the vacancy occurs, the governor shall issue the proclamation.24
* * *25
§1254. Slates of independent candidates; nominating petitions and qualifying by26
payment of qualifying fees27
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D. Any slate of candidates for presidential elector that qualifies by payment1
of a qualifying fee shall be a full slate of candidates for elector, one from each2
congressional district and two from the state at large, and shall submit with the3
qualifying fee the following information for each candidate:4
(1) The candidate's name;.5
(2) The address of his domicile;.6
(3) The office sought;.7
(4) The names of the candidate for president and the candidate for vice8
president whom the candidates for elector support; however, neither the candidate9
for president nor the candidate for vice president supported by the slate of candidates10
for elector shall be a candidate for that office supported by a recognized political11
party or by a slate of candidates for elector who have previously filed a nominating12
petition or qualified by the payment of a qualifying fee for that election ;.13
(5) The recognized political party, if any, with which each candidate for14
presidential elector is affiliated;.15
(6) In not more than three words, the political principle that he represents;16
and.17
(7) The date of the election for which he seeks to qualify.18
* * *19
§1284. Resolution calling election; proposition20
* * *21
F.(1) The preparation of the statement of the proposition to be submitted to22
the voters at an election shall be the responsibility of the governing authority of the23
political subdivision ordering the election. The statement of the proposition shall24
also include a simple and unbiased concise summary in easily understood language25
which sets forth the substance of the proposition include the information required by26
this Section in simple, unbiased, concise, and easily understood language and be in27
the form of a question. The statement of the proposition, including the summary,28 HLS 10RS-679 ENGROSSED
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shall not exceed four two hundred words in length. Such summary shall be placed1
at the beginning of the statement of the proposition.2
(2) The secretary of state shall be responsible for ensuring that the statement3
of the proposition contains the summary as provided in Paragraph (1) of this4
Subsection complies with the requirements of this Section.5
* * *6
§1299.1. Statement of question Question or proposition to be voted on; statement7
length8
A. The preparation of the statement of any a question or proposition to be9
submitted to the voters at an election shall be the responsibility of the governing10
authority or other entity calling the election or submitting the question or11
proposition. The statement of the proposition shall also include a simple and12
unbiased concise summary in easily understood language which sets forth the13
substance of the proposition be comprised of simple, unbiased, concise, and easily14
understood language and be in the form of a question. The statement of the15
proposition, including the summary, shall not exceed four two hundred words in16
length. Such summary shall be placed at the beginning of the statement of the17
proposition.18
B. The secretary of state shall be responsible for ensuring that the statement19
of the proposition contains the summary as provided in Subsection A complies with20
the requirements of this Section.21
* * *22
§1307. Application by mail23
* * *24
H. If the applicant is eligible to vote absentee by mail pursuant to R.S.25
18:1303(H), his application, if such application meets the requirements of this26
Section, shall remain valid as long as the applicant is a program participant in the27
Department of State Address Confidentiality Program pursuant to Part III of Chapter28
1 of Title 44 of the Louisiana Revised Statutes of 1950. When the applicant ceases29 HLS 10RS-679 ENGROSSED
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participation in the program, the registrar shall send notice by forwardable mail to1
the applicant that his application will no longer be valid, and the applicant shall be2
required to submit a new application to the registrar that meets the requirements of3
this Section and provide a current address before the applicant will be eligible to vote4
absentee by mail again pursuant to this Section.5
I. If the registrar of voters has reason to believe that the eligibility of a voter6
to vote absentee by mail pursuant to R.S. 18:1303(I) is based upon false or fraudulent7
information, he shall immediately notify the parish board of election supervisors.8
If, after appropriate hearing and opportunity for the voter to be heard, the parish9
board of election supervisors finds that the voter's eligibility to vote absentee by mail10
was based upon false or fraudulent information, the board shall inform the11
appropriate district attorney and the registrar of voters who shall not allow the voter12
to vote absentee by mail pursuant to R.S. 18:1303(I).13
* * *14
§1308. Absentee voting by mail15
* * *16
B. The ballot shall be marked as provided in R.S. 18:1310 and returned to17
the registrar by the United States Postal Service, commercial delivery service, or18
hand delivery. If hand delivered by other than a commercial delivery service or the19
United States Postal Service, the registrar shall require that the person making such20
delivery sign a statement prepared by the secretary of state certifying that he has the21
authorization and consent of the voter to hand deliver the marked ballot. No person,22
except the immediate family of any voter, as defined in this Code, shall hand deliver23
more than one marked ballot to the registrar of voters. Upon its receipt, the registrar24
shall post the name and precinct of the voter as required by R.S. 18:1311.25
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§1314. Absentee by mail and early voting commissioners1
* * *2
B. Selection for a primary or first party primary election. (1) The parish3
board of election supervisors shall determine the number of absentee by mail and4
early voting commissioners necessary to count the absentee by mail and early voting5
ballots in the parish. The parish board of election supervisors shall select a minimum6
of three maximum of six such commissioners. If the parish board of election7
supervisors determines that the number of absentee by mail and early voting8
commissioners should be increased to more than six such commissioners, the parish9
board shall make a request to the secretary of state for the additional absentee by10
mail and early voting commissioners. If the secretary of state or his designee11
determines that there is a need for the additional absentee by mail and early voting12
commissioners, the parish board shall select the additional absentee by mail and13
early voting commissioners.14
* * *15
C. Selection for second party primary or general election. (1)16
* * *17
(b) If it determines that the number cannot be reduced or should be18
increased, those persons who served as absentee by mail and early voting19
commissioners and alternate absentee by mail and early voting commissioners for20
the parish in the primary or first party primary election shall serve in the second21
party primary and general election, unless replaced or disqualified in the manner22
provided by law for commissioners and alternate commissioners. The number of23
absentee by mail and early voting commissioners for a second party primary and24
general election shall not be less than three. If the parish board of election25
supervisors determines that the number of absentee by mail and early voting26
commissioners should be increased to more than the number of such commissioners27
who served in the primary or first party primary election, the parish board shall make28
a request to the secretary of state for the additional absentee by mail and early voting29 HLS 10RS-679 ENGROSSED
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commissioners. If the secretary of state or his designee determines that there is a1
need for the additional absentee by mail and early voting commissioners, the parish2
board shall select the additional absentee by mail and early voting commissioners.3
* * *4
(3) If the parish board determines and the secretary of state or his designee5
have determined that the number of absentee by mail and early voting commissioners6
should be increased, the parish board shall meet at 10:00 a.m. on the fifth day before7
the second party primary election and the general election and shall select the8
additional absentee by mail and early voting commissioners and alternate absentee9
by mail and early voting commissioners to serve in the second party primary election10
and the general election for that parish from the list of certified commissioners who11
have not been chosen to serve in the second party primary and the general election12
as a commissioner-in-charge, commissioner, or, if applicable, absentee by mail and13
early voting commissioner in the manner provided by law for the selection of14
commissioners and alternate commissioners. If there are not enough certified15
commissioners to select the appropriate number of absentee by mail and early voting16
commissioners and alternate absentee by mail and early voting commissioners, the17
board of election supervisors may select a qualified elector of the parish to serve;18
however, no such elector shall serve as an absentee by mail and early voting19
commissioner if a certified commissioner has been selected as an alternate absentee20
by mail and early voting commissioner.21
D. Selection for provisional ballot counting for a primary or general election.22
* * *23
(2) Upon approval by the secretary of state or his designee, the parish board24
of election supervisors shall appoint the approved number of absentee by mail and25
early voting commissioners for assistance to the board in counting and tabulating the26
provisional ballots.27
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§1333. Nursing home early voting program; voting by persons residing in a nursing1
home2
A. For purposes of this Section, the term "nursing home" shall have the3
meaning ascribed to it in R.S. 40:2009.2(1) and, with respect to a person with a4
physical disability who resides in a hospital for an extended period of time by reason5
of a physical disability that makes it improbable that he will be able to vote in person6
at the polls on election day or during early voting, the term also shall mean a7
hospital. "Nursing home" for the purpose of this Section shall also mean a veterans'8
home, operated by the state or federal government, where a person, with a physical9
disability who is unable to vote in person at the polls or during early voting because10
of a physical disability, resides.11
* * *12
§1352. Use of voting machines throughout state; exception for failure of voting13
equipment and absentee by mail and early voting14
A. Voting machines shall be used throughout this state in all elections.15
B. Notwithstanding Subsection A of this Section, paper ballots may be used16
when voting machines fail.17
C. ; however, nothing Nothing in this Chapter shall prohibit absentee by mail18
and early voting as otherwise provided in this Title.19
* * *20
§1505.2. Contributions; expenditures; certain prohibitions and limitations21
* * *22
H.(1)23
* * *24
(c) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,25
the contribution limit for contributions made to an unsuccessful major office26
candidate, or the principal campaign committee and any subsidiary committee of27
such unsuccessful candidate, who does not participate in the general election and for28 HLS 10RS-679 ENGROSSED
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the time period for which such candidate has a deficit for expenditures made through1
the day of the primary election, shall be ten thousand dollars.2
(2)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection,3
the following contribution limits are established for contributions by political4
committees supporting or opposing a candidate for the following offices:5
* * *6
(b) Notwithstanding the provisions of Paragraph (1) and Subparagraph (2)(a)7
of this Subsection, the following campaign contribution limits are established for8
contributions by political committees supporting or opposing a candidate for the9
following offices, the membership of which political committee exceeds two10
hundred and fifty members as of the December thirty-first of the preceding calendar11
year, and additionally provided that at least two hundred and fifty of the members12
have each contributed at least fifty dollars to the political committee during the13
preceding one-year period:14
(i) Major office - ten thousand dollars.15
(ii) District office - five thousand dollars.16
(iii) Other office - two thousand dollars.17
No contribution in excess of the limits contained in Subparagraph (2)(a) (a)18
of this Subsection Paragraph shall be made by any political committee until such19
membership certification is made on the statement of organization form required by20
this Chapter and timely submitted to the supervisory committee by the applicable21
due date. Any political committee certified under this Paragraph shall notify the22
supported candidate in writing at the time any contribution is made under this23
Paragraph.24
* * *25
(f) Notwithstanding the provisions of Paragraph (1) and Subparagraphs26
(2)(a) and (b) of this Subsection, the contributions limit for contributions by political27
committees certified according to the provisions of Subparagraph (2)(b) of this28
Subsection to an unsuccessful major office candidate, or the principal campaign29 HLS 10RS-679 ENGROSSED
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committee and subsidiary committee of such unsuccessful candidate, who does not1
participate in the general election and for the time period for which such candidate2
has a deficit for expenditures made through the day of the primary election, shall be3
twenty thousand dollars.4
* * *5
I.(1) On and after January 1, 1991, contributions received by a candidate or6
a political committee may be expended for any lawful purpose, but such funds shall7
not be used, loaned, or pledged by any person for any personal use unrelated to a8
political campaign, the holding of a public office or party position, or, in the case of9
a political committee, other than a candidate's principal campaign committee or10
subsidiary committee, the administrative costs or operating expenses of the political11
committee; except that excess campaign funds may be returned to contributors on12
a pro rata basis, given as a charitable contribution as provided in 26 USC U.S.C.13
170(c), given to a charitable organization as defined in 26 USC U.S.C. 501(c)(3),14
expended in support of or in opposition to a proposition, political party, or candidacy15
of any person, or maintained in a segregated fund for use in future political16
campaigns or activity related to preparing for future candidacy to elective office.17
However, the use of campaign funds of a candidate or his principal or subsidiary18
committees to reimburse a candidate for expenses related to his political campaign19
or his holding of a public office or party position shall not be considered personal use20
by the candidate. If a candidate is required by state or federal law to pay taxes on the21
interest earned by campaign funds of the candidate or any political committee of the22
candidate, the candidate may use the interest on which such tax is paid for such23
purpose. A payment from campaign funds shall not be considered as having been24
spent for personal use when the funds are used to replace articles lost, stolen, or25
damaged in connection with the campaign.26
* * *27 HLS 10RS-679 ENGROSSED
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R.1
* * *2
(3)(a)3
* * *4
(ii) The provisions of this Subsection shall not prohibit the governor from5
obtaining a loan for his own campaign from a state bank, a federally chartered6
depository institution, or a depository institution the deposits or accounts of which7
are insured by the Federal Deposit Insurance Corporation, Federal Savings and Loan8
Insurance Corporation, or the National Credit Union Administration, any licensed9
lender under the Louisiana Consumer Credit Law, or an insurance company, made10
in accordance with applicable law and in the ordinary course of business, provided11
that the governor is the sole endorser or guarantor of the loan and that the loan is12
made on a basis which assures repayment evidenced by a written instrument, is13
subject to a due date or amortization schedule, and bears the usual and customary14
interest rate of the lending institution.15
(b) The provisions of Paragraphs (R)(1) (1) and (2) of this Subsection shall16
not apply if the governor is a candidate for the office of United States senator; the17
office of United States representative; an office which is to be filled by an election18
which occurs during the regular legislative session during which the contribution,19
loan, or transfer of funds or in-kind contribution is accepted or within sixty days after20
such regular legislative session adjourns; or an office other than that of governor.21
However, if the governor accepts a contribution, loan, or transfer of funds or in-kind22
contribution during a regular legislative session or within thirty days after such a23
regular legislative session adjourns for a state or local office to which the prohibition24
in this Subsection does not apply and the governor chooses not to seek said office or25
fails to qualify for said office, the governor shall return, in the manner prescribed by26
the supervisory committee, each such contribution, loan, transfer of funds, or in-kind27 HLS 10RS-679 ENGROSSED
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are additions.
contribution which remains unexpended or unencumbered for expenses directly1
related to such campaign for said office.2
* * *3
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 requires the registrar to "obtain" one current
copy of the precinct register and 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
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. HLS 10RS-679 ENGROSSED
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are additions.
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 required 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
commissioners 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.
Proposed law makes various technical changes.
(Amends R.S. 18:102.1(B), 152(C)(2)(a), 152.1, 154(C), 402(G), 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)) HLS 10RS-679 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. Deleted the requirement that the registrar request one copy of the precinct
register from the Dept. of State. Instead requires the registrar to "obtain" one
current copy of the precinct register without specifying the source.