SLS 10RS-942 ORIGINAL Page 1 of 17 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. 615 BY SENATOR MARTINY ELECTION OFFENSES. Provides relative to election offenses. (gov sig) AN ACT1 To amend and reenact R.S. 18:49.1(C), 1461, 1462, 1463(F), 1465(B), 1467, and 1468(C)2 and to enact R. S. 18:49.1(D), 1461.2, 1461.3, 1461.4, 1461.5, 1461.6, 1461.7 and3 1461.8, and to repeal R.S. 14:119 and R.S. 18:1300.6, relative to the election code;4 to provide relative to certain election offenses, to provide for definitions; to provided5 for penalties; and to provide for related matters.6 Be it enacted by the Legislature of Louisiana:7 Section 1. R.S. 18:49.1(C), 1461, 1462, 1463(F), 1465(B), 1467, and 1468(C) are8 hereby amended and reenacted and R. S. 18:49.1(D), 1461.2, 1461.3, 1461.4, 1461.5,9 1461.6, 1461.7 and 1461.8 are hereby enacted to read as follows: 10 §49.1. Elections compliance unit; powers and duties11 * * *12 C. Notwithstanding any other provision of law to the contrary, a member13 of the Elections Compliance Unit may enter a polling place during early voting14 or on election day for the purposes of checking the overall operations of the15 polling place or investigating any potential violation of the Louisiana Election16 Code.17 SB NO. 615 SLS 10RS-942 ORIGINAL Page 2 of 17 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. C. D. If during the course of investigation, the elections compliance unit1 determines that there may be a violation of any criminal law or provision of the2 Louisiana Election Code, the findings of the investigation shall be turned over to the3 appropriate prosecutorial agency for further investigation or prosecution.4 * * *5 §1461. Election offenses; penalties Bribery of voters; penalties6 A. No person shall knowingly, willfully, or intentionally:7 (1) Fail, refuse, or neglect to discharge any duty imposed upon him, either8 individually or in an official capacity, by any provision of this Title.9 (2) Being a commissioner, permit fraudulent votes to be cast, or knowingly10 count votes not entitled to be cast.11 (3) Have in his possession an official ballot in violation of any provision of12 this Title.13 (4) Offer, promise, solicit, or accept money or anything of present or14 prospective value to secure or influence a vote or registration of a person.15 (5) Forge, alter, add to, deface, take, destroy, or remove from proper custodial16 care any book, card, record, election return, nomination papers, withdrawals of17 candidacy, election supplies, election paraphernalia, or any affidavit or other18 document required or provided for under the provisions of this Title, unless required19 to be removed by a court of competent jurisdiction for inspection and photostatic20 copying for the court record.21 (6) Intimidate, deceive, or misinform, directly or indirectly, any voter or22 prospective voter in matters concerning voting or nonvoting or voter registration or23 nonregistration, including but not limited to any matter concerning the voluntary24 affiliation or nonaffiliation of a voter with any political party.25 (7) Vote or attempt to vote more than once at an election.26 (8) Offer money or anything of present or prospective value or use, directly27 or indirectly, any form of intimidation to influence the action or encourage inaction28 of any public official with regard to the duties of his office or to influence a29 SB NO. 615 SLS 10RS-942 ORIGINAL Page 3 of 17 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. commissioner or watcher in his decision to serve or not to serve as such or in the1 performance of his duties on election day.2 (9) Disobey any lawful instruction of the commissioners or a law3 enforcement officer assisting at the polls, or without lawful authority obstruct,4 hinder, or delay any voter on his way to or while returning home from any polling5 place where an election is being held or on his way to or while returning home from6 a place where he can legally exercise a vote concerning candidate representation of7 his party.8 (10) Vote or attempt to vote, knowing that he is not qualified, or influence or9 attempt to influence another to vote, knowing such voter to be unqualified or the vote10 to be fraudulent.11 (11) Register, vote, or attempt to register or vote in the name of another or12 in an assumed or fictitious name, or in any manner other than as provided in this13 Title.14 (12) Have in his possession the registration certificate of another with intent15 to violate any provision of this Title.16 (13) Supply a false answer or statement to an election official or in any17 document required by this Title, or execute an affidavit knowing it to contain false18 or incorrect information.19 (14) Forge the name of another or use a fictitious name on an affidavit or20 document required under this Title.21 (15) Unlawfully, directly or indirectly, possess, tamper with, break, impair,22 impede, or otherwise interfere with the maintenance, adjustment, delivery, use, or23 operation of any voting machine or part thereof or with any of the paraphernalia24 connected with or appertaining thereto.25 (16) As a voter, commissioner, watcher, or person assisting a voter, allow a26 ballot to be seen, except as provided by law; announce the manner in which a person27 has cast his vote; place a distinguishing mark on a ballot with intent to make the28 ballot identifiable, or make a false statement concerning ability to mark a ballot29 SB NO. 615 SLS 10RS-942 ORIGINAL Page 4 of 17 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. without assistance.1 (17) Give or offer to give, directly or indirectly, any money or thing of2 present or prospective value to any person who has withdrawn or who was3 eliminated prior or subsequent to the primary or first or second primary election as4 a candidate for public office, for the purpose of securing or giving his political5 support to any remaining candidates or to candidates for public office in the primary6 or first or second primary or general election.7 (18) Being a physician, certify to the disability of a voter under R.S. 18:1304,8 or certify that a person will be hospitalized on election day, knowing such9 information to be false.10 (19) Breach any mandatory provision of this Title.11 (20) Procure or submit voter registration applications that are known by the12 person to be materially false, fictitious, or fraudulent.13 (21) While in the voting booth assisting another person in voting, coerce,14 compel, or otherwise influence the assisted voter to cast his vote in a certain way.15 (22) Being a commissioner, fail to identify an applicant to vote as required16 by this Title.17 (23) Fail to submit to the parish registrar of voters a completed registration18 application collected through a registration drive within thirty days of receipt of the19 completed application from the applicant.20 (24) When assisting a voter in voting, fail to mark the ballot or vote in the21 manner dictated by the voter.22 B. Whoever violates any provision of this Section shall be fined not more23 than one thousand dollars or be imprisoned for not more than one year, or both. On24 a second offense, or any succeeding offense, the penalty shall be a fine of not more25 than two thousand five hundred dollars or imprisonment for not more than five years,26 or both.27 C.(1) Notwithstanding any other provision of law to the contrary and in28 addition to the penalties provided in Subsection B of this Section, any candidate who29 SB NO. 615 SLS 10RS-942 ORIGINAL Page 5 of 17 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. is elected to public office and is convicted of an election offense as provided in1 Paragraphs (A)(4), (6), (10), (13), (14), and (17) of this Section that is related to his2 campaign for such public office shall forfeit such public office. If such conviction3 becomes final prior to the candidate taking the oath of office for such public office,4 the candidate shall forfeit the public office and shall not be allowed to hold such5 public office and such public office shall be declared vacant at the time such6 conviction becomes final. If the conviction for such election offense does not7 become final until after such candidate has taken the oath of office for such public8 office, then, at the time such conviction becomes final, he shall forfeit such public9 office and shall be, ipso facto, removed from such public office and such public10 office shall be declared vacant.11 (2) However, if such candidate held such public office at the time of the12 commission of the election offense, he shall be allowed to serve the remainder of the13 term he was then serving, but, at the time his conviction for the election offense14 becomes final, he shall forfeit the public office for the subsequent term. If he has15 taken the oath of office for the subsequent term, he shall, at the time the conviction16 for the election offense becomes final, forfeit such public office and shall be, ipso17 facto, removed from such public office and such public office shall be declared18 vacant.19 (3) Any vacancy in a public office occurring as a result of the provisions of20 this Subsection shall be filled as in the case of ordinary vacancies and according to21 the constitution and laws of the state.22 A.(1) Bribery of voters is the giving or offering to give, directly or23 indirectly, any money, or anything of apparent present or prospective value to24 any voter at any general, primary, or special election, or at any convention of25 a recognized political party, with the intent to influence, the voter in the casting26 of his ballot. The acceptance of, or the offer to accept, directly or indirectly, any27 money, or anything of apparent present or prospective value, by any such voters28 under such circumstances shall also constitute bribery of voters.29 SB NO. 615 SLS 10RS-942 ORIGINAL Page 6 of 17 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (2) Bribery of voters is also the giving or offering to give, directly or1 indirectly, any money or anything of apparent present or prospective value to2 secure or influence registration of a person or to secure or influence a person3 to sign or not sign a recall or other election petition.4 B. Whoever violates any provision of this Section shall be fined not more5 than two thousand dollars or be imprisoned, with or without hard labor, for not6 more than two years, or both, for the first offense. On a second offense, or any7 succeeding offense, the penalty shall be a fine of not more than five thousand8 dollars or imprisonment at hard labor for not more than five years, or both.9 C. In the trial of persons charged with bribery of voters either the bribe-10 giver or the bribe-taker may give evidence, or make affidavit against the other,11 with immunity from prosecution in favor of the first informer, except for12 perjury in giving such testimony.13 D. Any fine imposed and collected from the convicted person or persons14 under the provisions of this Section shall be paid to the informer or informers15 who shall give information resulting in the conviction of said person or persons,16 provided that the informer or informers shall not have been party to the17 violation of this Section as either the bribe-giver or bribe-taker.18 * * *19 §1461.2. Election offenses affecting registration and election fraud or forgery;20 penalties21 A. No person shall knowingly, willfully, or intentionally:22 (1) Vote or attempt to vote more than once at an election.23 (2) Vote or attempt to vote, knowing that he is not qualified, or influence24 or attempt to influence another to vote, knowing such voter to be unqualified25 or the vote to be fraudulent.26 (3) Register, vote, or attempt to register or vote in the name of another27 or in an assumed or fictitious name, or in any manner other than as provided28 in this Title.29 SB NO. 615 SLS 10RS-942 ORIGINAL Page 7 of 17 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (4) Forge the name of another or use a fictitious name on an affidavit or1 document required under this Title.2 (5) Procure or submit voter registration applications that are known by3 the person to be materially false, fictitious, or fraudulent.4 (6) Forge, alter, add to, deface, take, destroy, or remove from proper5 custodial care any book, card, record, voter registration application, election6 return, nomination papers, withdrawals of candidacy, election supplies, election7 paraphernalia, or any affidavit or other document required or provided for8 under the provisions of this Title, unless required to be removed by a court of9 competent jurisdiction for inspection and photostatic copying for the court10 record.11 (7) Have in his possession an official ballot in violation of any provision12 of this Title.13 (8) Have in his possession the registration certificate of another with14 intent to violate any provision of this Title.15 B. Whoever violates any provision of this Section shall be fined not more16 than two thousand dollars or be imprisoned, with or without hard labor, for not17 more than two years, or both, for the first offense. On a second offense, or any18 succeeding offense, the penalty shall be a fine of not more than five thousand19 dollars or imprisonment at hard labor for not more than five years, or both.20 §1461.3. Election offenses affecting registrars, deputy registrars,21 commissioners, watchers or officials, penalties22 A. No person shall knowingly, willfully, or intentionally:23 (1) Being a registrar, deputy registrar or commissioner, permit24 fraudulent votes to be cast, or knowingly count votes not entitled to be cast.25 (2) Fail, refuse, or neglect to discharge any duty imposed upon him,26 either individually or in an official capacity, by any provision of this Title.27 (3) Supply a false answer or statement to an election official or in any28 document required by this Title, or execute an affidavit knowing it to contain29 SB NO. 615 SLS 10RS-942 ORIGINAL Page 8 of 17 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. false or incorrect information.1 B. Whoever violates any provision of Subsection A of this Section shall2 be fined not more than two thousand dollars or be imprisoned, with or without3 hard labor, for not more than two years, or both.4 C. No person shall knowingly, willfully, or intentionally:5 (1) Being a registrar, deputy registrar or commissioner fail to identify an6 applicant to vote as required by this Title.7 (2) Sign a voter's name in the precinct register.8 (3) Attempt to influence a commissioner or watcher in the performance9 of his duties on election day.10 (4) Disobey any lawful instruction of a registrar, deputy registrar or11 commissioner or a law enforcement officer providing assistance to maintain12 order at a polling place.13 D. Whoever violates any provision of Subsection C of this Section shall14 be fined not more than five hundred dollars or be imprisoned in the parish jail15 for not more than six months, or both.16 §1461.4. Election of offenses involving threats or intimidation of voters;17 penalties18 A. No person shall knowingly, willfully, or intentionally:19 (1) Intimidate, deceive, or misinform, directly or indirectly, any voter or20 prospective voter in matters concerning voting or nonvoting or voter21 registration or nonregistration, or the signing or not signing of a recall petition,22 including but not limited to any matter concerning the voluntary affiliation or23 nonaffiliation of a voter with any political party.24 (2) While in the voting booth assisting another person in voting, coerce,25 compel, or otherwise influence the assisted voter to cast his vote in a certain26 way.27 (3) Intimidate a person by the use of violence, force, or threats with the28 intent to influence that person's decision to vote or to impede such person's29 SB NO. 615 SLS 10RS-942 ORIGINAL Page 9 of 17 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. ingress or egress from a polling place.1 (4) Without lawful authority, obstruct, hinder, or delay any voter on his2 way to or while returning home from any polling place where an election is3 being held or on his way to or while returning home from a place where he can4 legally exercise a vote concerning candidate representation of his party.5 B. Whoever violates any provision of this Section shall be fined not more6 than two thousand dollars or be imprisoned, with or without hard labor, for not7 more than two years, or both, for the first offense. On a second offense, or any8 succeeding offense, the penalty shall be a fine of not more than five thousand9 dollars or imprisonment at hard labor for not more than five years, or both.10 §1461.5. Election offenses involving bribery, threats or intimidation of public11 officials or candidates; penalties12 A. No person shall knowingly, willfully, or intentionally:13 (1) Offer money or anything of apparent present or prospective value or14 use, directly or indirectly, any form of intimidation to influence the action or15 encourage inaction of any pubic official with regard to the duties of his office.16 (2) Give or offer to give, directly or indirectly, any money or thing of17 apparent present or prospective value to any person who has withdrawn or who18 was eliminated prior or subsequent to the primary of first or second primary19 election as a candidate for public office, for the purpose of securing or giving his20 political support to any remaining candidates or to candidates for public office21 in the primary or general election.22 B. Whoever violates any provision of this Section shall be fined not more23 than two thousand dollars or be imprisoned, with or without hard labor, for not24 more than two years, or both, for the first offense. On a second offense, or any25 succeeding offense, the penalty shall be a fine of not more than five thousand26 dollars or imprisonment at hard labor for not more than five years, or both.27 §1461.6. Election offenses involving tampering with election equipment;28 penalties29 SB NO. 615 SLS 10RS-942 ORIGINAL Page 10 of 17 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. A. No person shall knowingly, willfully, or intentionally:1 (1) Prior to an election, during transit to a polling place, during early2 voting, during election day voting or while in storage awaiting certification of3 election results, with intent to defraud, tamper with any voting equipment so as4 to attempt to influence the accurate and/or timely reporting of election results.5 (2) Unlawfully, directly or indirectly, possess, tamper with, break,6 impair, impede, or otherwise interfere with the maintenance, adjustment,7 delivery, use, or operation of any voting machine or part thereof or with any of8 the paraphernalia connected with or appertaining thereto.9 B. Whoever violates any provision of this Section shall be fined not more10 than ten thousand dollars or be imprisoned at hard labor for not more than five11 years, or both.12 §1461.7. Miscellaneous election offenses; penalties13 A. No person shall knowingly, willfully, or intentionally:14 (1) Fail to submit to the parish registrar of voters a completed15 registration application collected through a registration drive within thirty days16 of receipt of the completed application from the applicant.17 (2) As a voter, registrar, deputy registrar, commissioner, watcher, or18 person assisting a voter, allow a ballot to be seen, except as provided by law,19 announce the manner in which a person has cast his ballot, place a20 distinguishing mark on a ballot with intent to make the ballot identifiable, or21 make a false statement concerning ability to mark a ballot without assistance.22 (3) When assisting a voter in voting, fail to mark the ballot or vote in the23 manner dictated by the voter.24 (4) Being a physician, certify to the disability of a voter under R.S.25 18:1304, or certify that a person will be hospitalized on election day, knowing26 such information to be false.27 (5) Breach any mandatory provision of this Title28 B. Whoever violates any provision of Subsection A of this Section shall29 SB NO. 615 SLS 10RS-942 ORIGINAL Page 11 of 17 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. be fined not more than one thousand dollars or be imprisoned for not more than1 one year, or both. On a second offense, or any succeeding offense, the penalty2 shall be a fine of not more than two thousand five hundred dollars or3 imprisonment for not more than five years, or both.4 C. No person shall:5 (1) Possess any beverage of alcoholic content in a polling place after6 having been directed by a registrar or deputy registrar, commissioner or law7 enforcement officer providing assistance to maintain order at the polling place8 to remove or dispose of the beverage.9 (2) Appear at a polling place in an intoxicated condition.10 (3) Carry or possess a firearm while present in a polling place, except a11 peace officer as defined by R.S. 40:2402(3)(a), in the performance of his official12 duties.13 D. Whoever violates any provision of Subsection C of this Section shall14 be fined not more than five hundred dollars or be imprisoned for not more than15 six months, or both. On a second offense or any succeeding offense, the penalty16 shall be a fine of not more than one thousand dollars or imprisonment for not17 more than one year, or both.18 §1461.8. Election offense; candidate; forfeiture of office19 A. Notwithstanding any other provision of law to the contrary and in20 addition to the penalties provided in R.S. 18:1461 through 1461.7, any candidate21 who is elected to public office and is convicted of an election offense as provided22 in R. S. 18:1461, 1461.2(A)(2) or (4), 1461.3(A)(3), 1461.4(A)(1) and 1461.5(A)(2)23 that is related to his campaign for such public office shall forfeit such public24 office. If such conviction becomes final prior to the candidate taking the oath of25 office for such public office, the candidate shall forfeit the public office and shall26 not be allowed to hold such public office and such public office shall be declared27 vacant at the time such conviction becomes final. If the conviction for such28 election offense does not become final until after such candidate has taken the29 SB NO. 615 SLS 10RS-942 ORIGINAL Page 12 of 17 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. oath of office for such public office, then, at the time such conviction becomes1 final, he shall forfeit such public office and shall be, ipso facto, removed from2 such public office and such public office shall be declared vacant.3 B. However, if such candidate held such public office at the time of the4 commission of the election offense, he shall be allowed to serve the remainder5 of the term he was then serving, but, at the time his conviction for the election6 offense becomes final, he shall forfeit the public office for the subsequent term.7 If he has taken the oath of office for the subsequent term, he shall, at the time8 the conviction for the election offense becomes final, forfeit such public office9 and shall be, ipso facto, removed from such public office and such public office10 shall be declared vacant.11 C. Any vacancy in a public office occurring as a result of the provisions12 of this Subsection shall be filled as in the case of ordinary vacancies and13 according to the Constitution and laws of the state.14 §1462. Acts prohibited during early voting or on election day; electioneering;15 intimidation; exceptions; enforcement; penalties16 A. The Legislature of Louisiana recognizes that the right to vote is a right that17 is essential to the effective operation of a democratic government. Due to a past,18 longstanding history of election problems, such as multiple voting, votes being19 recorded for persons who did not vote, votes being recorded for deceased persons,20 voting by non-residents, vote buying, and voter intimidation, the legislature finds21 that the state has a compelling interest in securing a person's right to vote in an22 environment which is free from intimidation, harassment, confusion, obstruction, and23 undue influence. The legislature, therefore, enacts this Subsection to provide for a24 six hundred foot campaign-free zone around polling places to provide to each voter25 such an environment in which to exercise his right to vote. Except as otherwise26 specifically provided by law, it shall be unlawful for any person, between the hours27 of 6:00 a.m. and 9:00 p.m., to perform or cause to be performed any of the following28 acts within any polling place being used in an election on election day or within any29 SB NO. 615 SLS 10RS-942 ORIGINAL Page 13 of 17 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. place wherein early voting is being conducted, or within a radius of six hundred feet1 of the entrance to any polling place being used in an election on election day or any2 place wherein early voting is being conducted:3 (1) To solicit in any manner or by any means whatsoever any other person4 to vote for or against any candidate or proposition being voted on in such election.5 (2) To remain within any such polling place or place wherein early voting is6 being conducted or within a radius of six hundred feet of the entrance of any such7 polling place, except when exercising the right to vote, after having been directed,8 in writing, by an election commissioner or law enforcement officer to leave the9 premises or area of a polling place or after having been directed, in writing, by a10 registrar or deputy registrar to leave the place wherein early voting is being11 conducted.12 (3) To hand out, place, or display campaign cards, pictures, or other13 campaign literature of any kind or description whatsoever.14 (4) To place or display political signs, pictures, or other forms of political15 advertising.16 (5) To circulate a recall petition or seek handwritten signatures to a17 recall petition.18 B. The provisions hereof shall not apply to the placing and displaying, either19 by the owner, lessee, or lawful occupant thereof, or with the consent of such owner,20 lessee or occupant, of political signs or pictures on private property which is not21 being used as a polling place.22 C. The provisions of this Section shall not be construed as prohibiting any23 appointed election commissioner or any official watcher from remaining in and24 about the polling place in which he was selected to serve.25 D. However, no appointed No registrar, deputy registrar, commissioner26 or election official shall wear any badge, button, pin, or other insignia identifying27 him with any political candidate or faction, nor shall any such official in any manner28 attempt to influence any voter to vote for or against any candidate or proposition29 SB NO. 615 SLS 10RS-942 ORIGINAL Page 14 of 17 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. being voted on in the election being held in that polling place nor shall any such1 official carry or possess a firearm while present in the polling place.2 E. No registrar, deputy registrar, commissioner or election official shall3 in any manner attempt to influence any voter to vote for or against any4 candidate or proposition being voted on in the election being held in that polling5 place.6 D. No person shall:7 (1) Possess any beverage of alcoholic content in a polling place after having8 been directed by a commissioner or law enforcement officer assisting at the polls to9 remove or dispose of the beverage.10 (2) Appear at a polling place in an intoxicated condition.11 (3) Intimidate a person by the use of violence, force, or threats with the intent12 to influence that person's decision to vote or to impede such person's ingress or13 egress from a polling place.14 E.F. The duly constituted law enforcement officers of the political15 subdivision in which any such election is being held shall enforce the provisions of16 this Section when requested to do so by the a registrar, deputy registrar or17 commissioners. The election commissioners at the several polling places likewise18 shall enforce the provision of this Section. The registrar, deputy registrar and19 commissioners likewise shall enforce the provisions of the Section at the polling20 places. These The law enforcement officers and, commissioners, deputy registrars21 and registrar are authorized to seize, remove, and destroy any political cards, signs,22 pictures, or literature being used or displayed in violation of any of the provisions23 hereof.24 F. G. Whoever violates any provision of this Section shall be fined not more25 than five hundred dollars or be imprisoned for not more than six months, or both. On26 a second offense or any succeeding offense, the penalty shall be a fine of not more27 than one thousand dollars or imprisonment for not more than one year, or both.28 §1463. Political material; ethics; prohibitions29 SB NO. 615 SLS 10RS-942 ORIGINAL Page 15 of 17 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. * * *1 F. Whoever violates any provision of this Section may be punished by a fine2 not to exceed five hundred dollars or be imprisoned for not more than six months,3 or both. Whoever violates any provision of this Section shall be fined not more4 than two thousand dollars or be imprisoned, with or without hard labor, for not5 more than two years, or both.6 * * *7 §1465. Prohibited use of public funds8 * * *9 B. Whoever violates any provision of this Section shall be fined not more10 than five hundred one thousand dollars or be imprisoned, with or without hard11 labor, for not more than six months two years, or both. On a second offense or any12 succeeding offense, the penalty shall be a fine of not more than one thousand dollars13 or imprisonment for not more than one year, or both.14 * * *15 §1467. Conviction in fraudulent vote cases; prohibition from employment in16 elections17 Any person who has been convicted of any crime involving fraud or any18 violation of this Title while serving in the conduct of an election and in his capacity19 as a commissioner-in-charge, commissioner, watcher, or employee of a parish20 custodian of voting machines, or deputy of a clerk of court or of the civil sheriff of21 the parish of Orleans law enforcement officer, shall thereafter be prohibited from22 serving in any of the positions aforementioned in any election or in connection with23 any election.24 §1468. Contributions in return for endorsement; prohibition25 * * *26 C. Whoever violates the provisions of this Section shall be guilty of a27 misdemeanor and shall be fined not in excess of five hundred dollars more than one28 thousand dollars or be imprisoned, with or without hard labor, for not more than29 SB NO. 615 SLS 10RS-942 ORIGINAL Page 16 of 17 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. six months five years, or both.1 Section 2. R.S. 14:119 and 18:1300.6 are hereby repealed in their entirety.2 Section 3. This Act shall become effective upon signature by the governor or, if not3 signed by the governor, upon expiration of the time for bills to become law without signature4 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If5 vetoed by the governor and subsequently approved by the legislature, this Act shall become6 effective on the day following such approval.7 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Tim Prather. DIGEST Present law provides relative to the elections compliance unit. Proposed law provides that a member of the Elections Compliance Unit may enter a polling place during early voting or on election day for the purposes of checking the overall operations of the polling place or investigating any potential violation of the election code. Present law provides for general election offenses and penalties. Proposed law provides for following specific election offenses: (1)Bribery of voters. (2)Election offenses affecting registration and election fraud or forgery. (3)Election offenses affecting registrars, deputy registrars, commissioners, watchers or officials. (4)Election of offenses involving threats or intimidation of voters. (5)Election offenses involving bribery, threats or intimidation of public officials or candidates. (6)Election offenses involving tampering with election equipment. (7)Miscellaneous election offenses (8)Election offense; candidate; forfeiture of office Present law prohibited certain activities on election day. Proposed law prohibited certain activities during early voting or on election day. Present law prohibits certain political materials and imposes certain ethical standards and imposes penalties for violation of present law including a fine not to exceed $500 or be imprisoned for not more than six months, or both. Proposed law increases the penalty for violation of proposed law to a fine not to exceed $2000 or be imprisoned, with or without hard labor, for not more than two years, or both. SB NO. 615 SLS 10RS-942 ORIGINAL Page 17 of 17 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Present law prohibited use of public funds and imposes a fine of not more than $500 or imprisonment for not more than six months, or both. Provides that on a second offense or any succeeding offense, the penalty will be a fine of not more than $1000 or imprisonment for not more than one year, or both. Proposed law increases the penalties for violation of present law to a fine of not more than $1000 or imprisonment, with or without hard labor, for not more than two years, or both. Present law provides that the act of giving contributions in return for endorsement is considered a misdemeanor offense and the violator will be fined not in excess of $500 or imprisoned for not more than six months, or both. Proposed law increases the penalty for violation of present law to a fine of not more than $1000 or imprisonment, with or without hard labor, for not more than five years, or both. (Amends R.S. 18:49.1(C), 1461, 1462, 1463(F), 1465(B), 1467, and 1468(C); adds R.S. 18:49.1(D), 1461.2, 1461.3, 1461.4, 1461.5, 1461.6, 1461.7, and 1461.8; repeals R.S. 14:119 and R.S. 18:1300.6)