SLS 10RS-545 ORIGINAL Page 1 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2010 SENATE BILL NO. 225 BY SENATOR LAFLEUR VOTERS/VOTING. Provides that certain applications for resident hunting, fishing, or trapping licenses will also serve as applications for voter registration. (8/15/10) AN ACT1 To enact R.S. 18:114.1, relative to voter registrations; to provide that certain applications for2 hunting, fishing, and trapping licenses will also serve as the applicant's application3 for voter registration; to provide for procedures for voter registration through4 application for hunting, fishing, and trapping licenses; and to provide for related5 matters.6 Be it enacted by the Legislature of Louisiana:7 Section 1. R.S. 18:114.1 is hereby enacted to read as follows:8 ยง114.1. Registration by hunting, fishing, and trapping license application9 A. It is the intention of the legislature to encourage the broadest possible10 participation in the electoral process by the citizens of this state. Therefore, any11 person otherwise eligible shall be able to register as an elector by making12 application through the Department of Wildlife and Fisheries as provided in13 this Section.14 B. Each application to obtain a resident hunting, fishing, or trapping15 license issued by the Department of Wildlife and Fisheries pursuant to Chapter16 1 of Title 56 of the Louisiana Revised Statutes of 1950, and made by an17 SB NO. 225 SLS 10RS-545 ORIGINAL Page 2 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. applicant who is within six months of such applicant's eighteenth birthday or1 older shall also serve as an application for voter registration unless the2 applicant declines to register to vote through specific declination or by failing3 to sign the voter registration application.4 C. The Department of Wildlife and Fisheries and the Secretary of State5 shall agree upon and design such procedures and forms as will be necessary to6 comply with this Section, including without limitation procedures applicable to7 processing of applications received by persons approved as license agents for the8 Department of Wildlife and Fisheries.9 D. The forms designed by the Department of Wildlife and Fisheries and10 the Secretary of State:11 (1) Shall not require the applicant to duplicate any information required12 in the resident hunting, fishing, or trapping license portion of the application13 with the exception of a second signature.14 (2) Shall include such information as required on other voter registration15 cards issued by the Secretary of State.16 (3) Shall contain a statement that states each eligibility requirement17 contained in Chapter 1 of Title 56 of the Louisiana Revised Statutes of 1950,18 that contains an attestation that the applicant meets each such requirement, and19 that requires the signature of the applicant under penalty of false swearing20 pursuant to R.S. 14:125.21 (4) Shall include, in print that is identical to that used in the attestation,22 the penalties provided by law for submission of a false voter registration23 application, and a statement that, if an applicant declines to register to vote, the24 fact that the applicant has declined to register will remain confidential and will25 be used only for voter registration purposes.26 E. Any person when acting as a license agent for the Department of27 Wildlife and Fisheries shall not:28 (1) Seek to influence an applicant's political preference.29 SB NO. 225 SLS 10RS-545 ORIGINAL Page 3 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (2) Display on his or her person any such political preference or political1 party or body allegiance.2 (3) Make any statement to an applicant or take any action, the purpose3 or effect of which, is to discourage the applicant from applying to register to4 vote.5 (4) Make any statement to an applicant or take any action, the purpose6 or effect of which, is to lead the applicant to believe that a decision to apply to7 register or not to apply to register to vote has any bearing on the availability of8 services or benefits.9 F. License agents for the Department of Wildlife and Fisheries acting10 under this Section shall not be considered to be deputy registrars pursuant to11 this Chapter or any rules and regulations promulgated hereunder.12 G. The Department of Wildlife and Fisheries shall transmit the13 completed applications for voter registration to the Secretary of State at the14 conclusion of each business day. The Secretary of State shall forward the15 applications to the appropriate parish registrar of voters to determine the16 eligibility of the applicant and, if found eligible, to add the applicant's name to17 the list of electors and to place the applicant in the correct precinct and voting18 districts.19 H. The Department of Wildlife and Fisheries shall maintain such20 statistical records on the number of registrations and declinations as requested21 by the Secretary of State.22 I. Information relating to the failure of an applicant for a resident23 hunting, fishing, or trapping license issued by the Department of Wildlife and24 Fisheries to sign a voter registration application shall not be used for any25 purpose other than voter registration and shall not be subject to public26 inspection.27 J. The Secretary of State and the Department of Wildlife and Fisheries28 shall have the authority to promulgate rules and regulations to provide for the29 SB NO. 225 SLS 10RS-545 ORIGINAL Page 4 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. transmission of voter registration applications and signatures electronically.1 Such electronically transmitted signatures shall be valid as signatures on the2 voter registration application and shall be treated in all respects as a manually3 written original signature and shall be recognized as such in any matter4 concerning the voter registration application.5 K. The forms and procedures to implement and administer this Section6 shall be designed in a manner such that license agents for the Department of7 Wildlife and Fisheries shall not incur any expenses nor be required to make any8 reports in implementing and administering this Section in addition to those9 presently required of such license agents in issuing fishing, hunting, and10 trapping licenses, other than providing information to the Department of11 Wildlife and Fisheries at the time the license application is processed necessary12 to comply with state and federal voter laws on voter registration.13 L. License agents for the Department of Wildlife and Fisheries acting14 pursuant to this Section whose businesses are authorized to sell alcoholic15 beverages for on-premises consumption may notify the department of their16 desire to opt out of the requirements of this Section and shall thereafter not be17 required to comply with this Section.18 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Alden A. Clement, Jr. DIGEST Proposed law provides that any person who is otherwise eligible to register to vote will be able to register as an elector by making application through the Department of Wildlife and Fisheries as provided in proposed law. Proposed law provides that each application to obtain a resident hunting, fishing, or trapping license issued by the Department of Wildlife and Fisheries pursuant to present law and made by an applicant who is within six months of such applicant's 18 th birthday or older will also serve as an application for voter registration, unless the applicant declines to register to vote through specific declination or by failing to sign the voter registration application. Proposed law provides that the Department of Wildlife and Fisheries and the Secretary of State are to agree upon and design such procedures and forms as necessary to comply with proposed law, including procedures applicable to processing of applications received by persons approved as license agents for the Department of Wildlife and Fisheries. Proposed law provides that the forms designed by the Department of Wildlife and Fisheries SB NO. 225 SLS 10RS-545 ORIGINAL Page 5 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. and the Secretary of State: (1) Cannot require the applicant to duplicate any information required in the resident hunting, fishing, or trapping license portion of the application with the exception of a second signature. (2) Must include such information as required on other voter registration cards issued by the Secretary of State. (3) Must contain a statement that states each eligibility requirement contained in present law and an attestation that the applicant meets each such requirement, and must require the signature of the applicant under penalty of false swearing. (4) Must include, in print that is identical to that used in the attestation, the penalties provided by present law for submission of a false voter registration application, and a statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes. Proposed law provides that any person acting as a license agent for the Department of Wildlife and Fisheries cannot: (1) Seek to influence an applicant's political preference. (2) Display on his or her person any such political preference or political party or body allegiance. (3) Make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from applying to register to vote. (4) Make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a decision to apply to register or not to apply to register to vote has any bearing on the availability of services or benefits. Proposed law provides that license agents for the Department of Wildlife and Fisheries acting under proposed law cannot be considered to be deputy registrars under proposed law or any rules and regulations promulgated thereunder. Proposed law provides that the Department of Wildlife and Fisheries is to transmit the completed applications for voter registration to the Secretary of State at the conclusion of each business day. Proposed law further provides that the Secretary of State is to forward the applications to the appropriate parish registrar of voters to determine the eligibility of the applicant and, if found eligible, to add the applicant's name to the list of electors and to place the applicant in the correct precinct and voting districts. Proposed law provides that the Department of Wildlife and Fisheries is to maintain such statistical records on the number of registrations and declinations as requested by the Secretary of State. Proposed law provides that information relating to the failure of an applicant for a resident hunting, fishing, or trapping license issued by the Department of Wildlife and Fisheries to sign a voter registration application cannot be used for any purpose other than voter registration and is not subject to public inspection. Proposed law provides that the Secretary of State and the Department of Wildlife and Fisheries have the authority to promulgate rules and regulations to provide for the transmission of voter registration applications and signatures electronically. Proposed law provides that such electronically transmitted signatures are valid as signatures on the voter SB NO. 225 SLS 10RS-545 ORIGINAL Page 6 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. registration application and are to be treated in all respects as a manually written original signature and are to be recognized as such in any matter concerning the voter registration application. Proposed law provides that the forms and procedures to implement and administer proposed law are to be designed in a manner such that license agents for the Department of Wildlife and Fisheries will not incur any expenses nor be required to make any reports in implementing and administering proposed law in addition to those presently required of such license agents by present law in issuing fishing, hunting, and trapping licenses, other than providing information to the Department of Wildlife and Fisheries at the time the license application is processed necessary to comply with state and federal voter laws on voter registration. Proposed law provides that license agents for the Department of Wildlife and Fisheries acting under proposed law whose businesses are authorized to sell alcoholic beverages for on-premises consumption may notify the department of their desire to opt out of the requirements of proposed law and thereafter are not required to comply with proposed law. Effective August 15, 2010. (Adds R.S. 18:114.1)