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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), 1459, 1461.2, 1461.3, 1461.4, 1461.5, 1461.6, 1461.73
and 1461.8, and to repeal R.S. 14:118(A)(1)(b), 119, and 352 and R.S. 18:1300.6,4
relative to the election code; to provide relative to certain election offenses; to5
provide for definitions; to provided 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), 1459, 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, upon the receipt of a complaint of any14
election irregularity, may enter a polling place during early voting or on15
election day for the purposes of checking the overall operations of the polling16
place or investigating any potential violation of the Louisiana Election Code.17 SB NO. 615
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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
§1459. Definition6
As used in this Chapter, unless the context clearly indicates otherwise,7
"election official" means:8
(1) The parish board of election supervisors.9
(2) Clerks and their employees who perform duties in the election10
process.11
(3) Registrars of voters and their employees.12
(4) The secretary of state and employees of his office who perform duties13
in the election process.14
(5) Commissioners, including the commissioner-in-charge.15
* * *16
§1461. Election offenses; penalties Bribery of voters; penalties17
A. No person shall knowingly, willfully, or intentionally:18
(1) Fail, refuse, or neglect to discharge any duty imposed upon him, either19
individually or in an official capacity, by any provision of this Title.20
(2) Being a commissioner, permit fraudulent votes to be cast, or knowingly21
count votes not entitled to be cast.22
(3) Have in his possession an official ballot in violation of any provision of23
this Title.24
(4) Offer, promise, solicit, or accept money or anything of present or25
prospective value to secure or influence a vote or registration of a person.26
(5) Forge, alter, add to, deface, take, destroy, or remove from proper custodial27
care any book, card, record, election return, nomination papers, withdrawals of28
candidacy, election supplies, election paraphernalia, or any affidavit or other29 SB NO. 615
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document required or provided for under the provisions of this Title, unless required1
to be removed by a court of competent jurisdiction for inspection and photostatic2
copying for the court record.3
(6) Intimidate, deceive, or misinform, directly or indirectly, any voter or4
prospective voter in matters concerning voting or nonvoting or voter registration or5
nonregistration, including but not limited to any matter concerning the voluntary6
affiliation or nonaffiliation of a voter with any political party.7
(7) Vote or attempt to vote more than once at an election.8
(8) Offer money or anything of present or prospective value or use, directly9
or indirectly, any form of intimidation to influence the action or encourage inaction10
of any public official with regard to the duties of his office or to influence a11
commissioner or watcher in his decision to serve or not to serve as such or in the12
performance of his duties on election day.13
(9) Disobey any lawful instruction of the commissioners or a law14
enforcement officer assisting at the polls, or without lawful authority obstruct,15
hinder, or delay any voter on his way to or while returning home from any polling16
place where an election is being held or on his way to or while returning home from17
a place where he can legally exercise a vote concerning candidate representation of18
his party.19
(10) Vote or attempt to vote, knowing that he is not qualified, or influence or20
attempt to influence another to vote, knowing such voter to be unqualified or the vote21
to be fraudulent.22
(11) Register, vote, or attempt to register or vote in the name of another or23
in an assumed or fictitious name, or in any manner other than as provided in this24
Title.25
(12) Have in his possession the registration certificate of another with intent26
to violate any provision of this Title.27
(13) 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 contain false29 SB NO. 615
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or incorrect information.1
(14) Forge the name of another or use a fictitious name on an affidavit or2
document required under this Title.3
(15) Unlawfully, directly or indirectly, possess, tamper with, break, impair,4
impede, or otherwise interfere with the maintenance, adjustment, delivery, use, or5
operation of any voting machine or part thereof or with any of the paraphernalia6
connected with or appertaining thereto.7
(16) As a voter, commissioner, watcher, or person assisting a voter, allow a8
ballot to be seen, except as provided by law; announce the manner in which a person9
has cast his vote; place a distinguishing mark on a ballot with intent to make the10
ballot identifiable, or make a false statement concerning ability to mark a ballot11
without assistance.12
(17) Give or offer to give, directly or indirectly, any money or thing of13
present or prospective value to any person who has withdrawn or who was14
eliminated prior or subsequent to the primary or first or second primary election as15
a candidate for public office, for the purpose of securing or giving his political16
support to any remaining candidates or to candidates for public office in the primary17
or first or second primary or general election.18
(18) Being a physician, certify to the disability of a voter under R.S. 18:1304,19
or certify that a person will be hospitalized on election day, knowing such20
information to be false.21
(19) Breach any mandatory provision of this Title.22
(20) Procure or submit voter registration applications that are known by the23
person to be materially false, fictitious, or fraudulent.24
(21) 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 certain way.26
(22) Being a commissioner, fail to identify an applicant to vote as required27
by this Title.28
(23) Fail to submit to the parish registrar of voters a completed registration29 SB NO. 615
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application collected through a registration drive within thirty days of receipt of the1
completed application from the applicant.2
(24) When assisting a voter in voting, fail to mark the ballot or vote in the3
manner dictated by the voter.4
B. Whoever violates any provision of this Section shall be fined not more5
than one thousand dollars or be imprisoned for not more than one year, or both. On6
a second offense, or any succeeding offense, the penalty shall be a fine of not more7
than two thousand five hundred dollars or imprisonment for not more than five years,8
or both.9
C.(1) Notwithstanding any other provision of law to the contrary and in10
addition to the penalties provided in Subsection B of this Section, any candidate who11
is elected to public office and is convicted of an election offense as provided in12
Paragraphs (A)(4), (6), (10), (13), (14), and (17) of this Section that is related to his13
campaign for such public office shall forfeit such public office. If such conviction14
becomes final prior to the candidate taking the oath of office for such public office,15
the candidate shall forfeit the public office and shall not be allowed to hold such16
public office and such public office shall be declared vacant at the time such17
conviction becomes final. If the conviction for such election offense does not18
become final until after such candidate has taken the oath of office for such public19
office, then, at the time such conviction becomes final, he shall forfeit such public20
office and shall be, ipso facto, removed from such public office and such public21
office shall be declared vacant.22
(2) However, if such candidate held such public office at the time of the23
commission of the election offense, he shall be allowed to serve the remainder of the24
term he was then serving, but, at the time his conviction for the election offense25
becomes final, he shall forfeit the public office for the subsequent term. If he has26
taken the oath of office for the subsequent term, he shall, at the time the conviction27
for the election offense becomes final, forfeit such public office and shall be, ipso28
facto, removed from such public office and such public office shall be declared29 SB NO. 615
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vacant.1
(3) Any vacancy in a public office occurring as a result of the provisions of2
this Subsection shall be filled as in the case of ordinary vacancies and according to3
the constitution and laws of the state.4
A.(1) Bribery of voters is the giving or offering to give, directly or5
indirectly, any money, or anything of apparent present or prospective value to6
any voter at any general, primary, or special election, or at any convention of7
a recognized political party, with the intent to influence the voter in the casting8
of his ballot. The acceptance of, or the offer to accept, directly or indirectly, any9
money, or anything of apparent present or prospective value, by any such voters10
under such circumstances shall also constitute bribery of voters.11
(2) Bribery of voters is also the giving or offering to give, directly or12
indirectly, any money or anything of apparent present or prospective value to13
secure or influence registration of a person or to secure or influence a person14
to sign or not sign a recall or other election petition.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
subsequent 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
C. In the trial of persons charged with bribery of voters either the bribe-21
giver or the bribe-taker may give evidence, or make affidavit against the other,22
with immunity from prosecution in favor of the first informer, except for23
perjury in giving such testimony.24
* * *25
§1461.2. Election offenses affecting registration and election fraud or forgery;26
penalties27
A. No person shall knowingly, willfully, or intentionally:28
(1) Vote or attempt to vote more than once at an election.29 SB NO. 615
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(2) Vote or attempt to vote, knowing that he is not qualified, or influence1
or attempt to influence another to vote, knowing such voter to be unqualified2
or the vote to be fraudulent.3
(3) Register, vote, or attempt to register or vote in the name of another4
or in an assumed or fictitious name, or in any manner other than as provided5
in this Title.6
(4) Forge the name of another or use a fictitious name on an affidavit or7
document required under this Title.8
(5) Procure or submit voter registration applications that are known by9
the person to be materially false, fictitious, or fraudulent.10
(6) Forge, alter, add to, deface, take, destroy, or remove from proper11
custodial care any book, card, record, voter registration application, election12
return, nomination papers, withdrawals of candidacy, election supplies, election13
paraphernalia, or any affidavit or other document required or provided for14
under the provisions of this Title, unless required to be removed by a court of15
competent jurisdiction for inspection and photostatic copying for the court16
record.17
(7) Have in his possession an official ballot in violation of any provision18
of this Title.19
(8) Have in his possession the registration certificate of another with20
intent to violate any provision of this Title.21
B. Whoever violates any provision of this Section shall be fined not more22
than two thousand dollars or be imprisoned, with or without hard labor, for not23
more than two years, or both, for the first offense. On a second offense, or any24
subsequent offense, the penalty shall be a fine of not more than five thousand25
dollars or imprisonment at hard labor for not more than five years, or both.26
§1461.3. Election offenses affecting election officials or watchers; penalties27
A. No person shall knowingly, willfully, or intentionally:28
(1) Being an election official, permit fraudulent votes to be cast, or29 SB NO. 615
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knowingly count votes not entitled to be cast.1
(2) Fail, refuse, or neglect to discharge any duty imposed upon him,2
either individually or in an official capacity, by any provision of this Title.3
(3) Supply a false answer or statement to an election official or in any4
document required by this Title, or execute an affidavit knowing it to contain5
false or incorrect information.6
B. Whoever violates any provision of Subsection A of this Section shall7
be fined not more than two thousand dollars or be imprisoned, with or without8
hard labor, for not more than two years, or both.9
C. No person shall knowingly, willfully, or intentionally:10
(1) Being a registrar, deputy registrar, commissioner-in-charge or11
commissioner fail to identify an applicant to vote as required by this Title.12
(2) Sign another voter's name in the precinct register.13
(3) Attempt to influence an election official or watcher in the14
performance of his duties on election day.15
(4) Disobey any lawful instruction of a registrar, deputy registrar,16
commissioner-in-charge or commissioner or a law enforcement officer17
providing assistance to maintain order at a polling place.18
D. Whoever violates any provision of Subsection C of this Section shall19
be fined not more than five hundred dollars or be imprisoned in the parish jail20
for not more than six months, or both.21
§1461.4. Election offenses involving threats or intimidation of voters; penalties22
A. No person shall knowingly, willfully, or intentionally:23
(1) Intimidate, deceive, or misinform, directly or indirectly, any voter or24
prospective voter in matters concerning voting or nonvoting or voter25
registration or nonregistration, or the signing or not signing of a petition,26
including but not limited to any matter concerning the voluntary affiliation or27
nonaffiliation of a voter with any political party.28
(2) While in the voting booth assisting another person in voting, coerce,29 SB NO. 615
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compel, or otherwise influence the assisted voter to cast his vote in a certain1
way.2
(3) Intimidate a person by the use of violence, force, or threats with the3
intent to influence that person's decision to vote or to impede such person's4
ingress or egress from a polling place.5
(4) Without lawful authority, obstruct, hinder, or delay any voter on his6
way to or while returning home from any polling place where an election is7
being held or on his way to or while returning home from a place where he can8
legally exercise a vote concerning candidate representation of his party.9
B. Whoever violates any provision of this Section shall be fined not more10
than two thousand dollars or be imprisoned, with or without hard labor, for not11
more than two years, or both, for the first offense. On a second offense, or any12
subsequent offense, the penalty shall be a fine of not more than five thousand13
dollars or imprisonment at hard labor for not more than five years, or both.14
§1461.5. Election offenses involving bribery, threats or intimidation of election15
officials or candidates; penalties16
A. No person shall knowingly, willfully, or intentionally:17
(1) Offer money or anything of apparent present or prospective value or18
use, directly or indirectly, or engage in any form of intimidation to influence the19
action or encourage inaction of any election official with regard to the duties of20
his office.21
(2) Give or offer to give, directly or indirectly, any money or anything of22
apparent present or prospective value to any person who has withdrawn or who23
was eliminated prior or subsequent to the primary or first or second primary24
election as a candidate for public office, for the purpose of securing or giving his25
political support to any remaining candidate or candidates for public office in26
the primary or general election.27
(3) When such person is a candidate for public office who has withdrawn28
or was eliminated prior to or subsequent to the primary or first or second29 SB NO. 615
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primary election, accept or offer to accept, directly or indirectly, any money, or1
anything of apparent present or prospective value that is given for the purpose2
of securing or giving his political support to any remaining candidate or3
candidates for public office in the primary or general election.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
subsequent 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 a person charged with a violation of this Section, either10
the bribe-giver or the bribe-taker may give evidence, or make affidavit against11
the other, with immunity from prosecution in favor of the first informer, except12
for perjury in giving such testimony.13
§1461.6. Election offenses involving tampering with election equipment;14
penalties15
A. No person shall knowingly, willfully, or intentionally:16
(1) Prior to an election, during transit to a polling place, during early17
voting, during election day voting or while in storage awaiting certification of18
election results, with intent to defraud, tamper with any voting equipment so as19
to attempt to influence the accurate and timely reporting of election results.20
(2) Unlawfully, directly or indirectly, possess, tamper with, break,21
impair, impede, or otherwise interfere with the maintenance, adjustment,22
delivery, use, or operation of any voting machine or part thereof or with any of23
the paraphernalia connected with or appertaining thereto.24
B. Whoever violates any provision of this Section shall be fined not more25
than ten thousand dollars or be imprisoned at hard labor for not more than five26
years, or both.27
§1461.7. Miscellaneous election offenses; penalties28
A. No person shall knowingly, willfully, or intentionally:29 SB NO. 615
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(1) Fail to submit to the parish registrar of voters a completed1
registration application collected through a registration drive within thirty days2
of receipt of the completed application from the applicant.3
(2) As a voter, election official, watcher, or person assisting a voter, allow4
a ballot to be seen, except as provided by law; announce the manner in which5
a person has cast his ballot; place a distinguishing mark on a ballot with intent6
to make the ballot identifiable, or make a false statement concerning ability to7
mark a ballot without assistance.8
(3) When assisting a voter in voting, fail to mark the ballot or vote in the9
manner dictated by the voter.10
(4) Being a physician, certify to the disability of a voter under this Title11
or certify that a person will be hospitalized on election day, knowing such12
information to be false.13
(5) Breach any mandatory provision of this Title.14
B. Whoever violates any provision of Subsection A of this Section shall15
be fined not more than one thousand dollars or be imprisoned for not more than16
one year, or both. On a second offense, or any subsequent offense, the penalty17
shall be a fine of not more than two thousand five hundred dollars or18
imprisonment for not more than five years, or both.19
C. No person shall:20
(1) Possess any beverage of alcoholic content in a polling place after21
having been directed by a registrar or deputy registrar, commissioner-in-22
charge, commissioner or law enforcement officer providing assistance to23
maintain order at the polling place to remove or dispose of the beverage.24
(2) Appear at a polling place in an intoxicated condition.25
(3) Carry or possess a firearm while present in a polling place, except a26
peace officer as defined by R.S. 40:2402(3)(a), in the performance of his official27
duties.28
D. Whoever violates any provision of Subsection C of this Section shall29 SB NO. 615
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be fined not more than five hundred dollars or be imprisoned for not more than1
six months, or both. On a second offense or any subsequent offense, the penalty2
shall be a fine of not more than one thousand dollars or imprisonment for not3
more than one year, or both.4
§1461.8. Election offense; candidate; forfeiture of office5
A. Notwithstanding any other provision of law to the contrary and in6
addition to the penalties provided in R.S. 18:1461 through 1461.7, any candidate7
who is elected to public office and is convicted of an election offense as provided8
in R. S. 18:1461, 1461.2(A)(2) or (4), 1461.3(A)(3), 1461.4(A)(1) and 1461.5(A)(2)9
that is related to his campaign for such public office shall forfeit such public10
office. If such conviction becomes final prior to the candidate taking the oath of11
office for such public office, the candidate shall forfeit the public office and shall12
not be allowed to hold such public office and such public office shall be declared13
vacant at the time such conviction becomes final. If the conviction for such14
election offense does not become final until after such candidate has taken the15
oath of office for such public office, then, at the time such conviction becomes16
final, he shall forfeit such public office and shall be, ipso facto, removed from17
such public office and such public office shall be declared vacant.18
B. However, if such candidate held such public office at the time of the19
commission of the election offense, he shall be allowed to serve the remainder20
of the term he was then serving, but, at the time his conviction for the election21
offense becomes final, he shall forfeit the public office for the subsequent term.22
If he has taken the oath of office for the subsequent term, he shall, at the time23
the conviction for the election offense becomes final, forfeit such public office24
and shall be, ipso facto, removed from such public office and such public office25
shall be declared vacant.26
C. Any vacancy in a public office occurring as a result of the provisions27
of this Subsection shall be filled as in the case of ordinary vacancies and28
according to the Constitution and laws of the state.29 SB NO. 615
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§1462. Acts prohibited during early voting or on election day; electioneering;1
intimidation; exceptions; enforcement; penalties2
A. The Legislature of Louisiana recognizes that the right to vote is a right that3
is essential to the effective operation of a democratic government. Due to a past,4
longstanding history of election problems, such as multiple voting, votes being5
recorded for persons who did not vote, votes being recorded for deceased persons,6
voting by non-residents, vote buying, and voter intimidation, the legislature finds7
that the state has a compelling interest in securing a person's right to vote in an8
environment which is free from intimidation, harassment, confusion, obstruction, and9
undue influence. The legislature, therefore, enacts this Subsection to provide for a10
six hundred foot campaign-free zone around polling places to provide to each voter11
such an environment in which to exercise his right to vote. Except as otherwise12
specifically provided by law, it shall be unlawful for any person, between the hours13
of 6:00 a.m. and 9:00 p.m., to perform or cause to be performed any of the following14
acts within any polling place being used in an election on election day or within any15
place wherein early voting is being conducted, or within a radius of six hundred feet16
of the entrance to any polling place being used in an election on election day or any17
place wherein early voting is being conducted:18
(1) To solicit in any manner or by any means whatsoever any other person19
to vote for or against any candidate or proposition being voted on in such election.20
(2) To remain within any such polling place or place wherein early voting is21
being conducted or within a radius of six hundred feet of the entrance of any such22
polling place, except when exercising the right to vote, after having been directed,23
in writing, by an election commissioner or law enforcement officer to leave the24
premises or area of a polling place or after having been directed, in writing, by a25
registrar or deputy registrar to leave the place wherein early voting is being26
conducted.27
(3) To hand out, place, or display campaign cards, pictures, or other28
campaign literature of any kind or description whatsoever.29 SB NO. 615
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(4) To place or display political signs, pictures, or other forms of political1
advertising.2
(5) To circulate a recall petition or seek handwritten signatures to a3
recall petition.4
B. The provisions hereof shall not apply to the placing and displaying, either5
by the owner, lessee, or lawful occupant thereof, or with the consent of such owner,6
lessee or occupant, of political signs or pictures on private property which is not7
being used as a polling place.8
C. The provisions of this Section shall not be construed as prohibiting any9
appointed election commissioner or any official watcher from remaining in and10
about the polling place in which he was selected to serve.11
D. However, no appointed No election official shall wear any badge, button,12
pin, or other insignia identifying him with any political candidate or faction, nor shall13
any such official in any manner attempt to influence any voter to vote for or against14
any candidate or proposition being voted on in the election being held in that polling15
place nor shall any such official carry or possess a firearm while present in the16
polling place.17
E. No election official shall in any manner attempt to influence any voter18
to vote for or against any candidate or proposition being voted on in the election19
being held in that polling place.20
D. No person shall:21
(1) Possess any beverage of alcoholic content in a polling place after having22
been directed by a commissioner or law enforcement officer assisting at the polls to23
remove or dispose of the beverage.24
(2) Appear at a polling place in an intoxicated condition.25
(3) Intimidate a person by the use of violence, force, or threats with the intent26
to influence that person's decision to vote or to impede such person's ingress or27
egress from a polling place.28
E.F. The duly constituted law enforcement officers of the political29 SB NO. 615
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subdivision in which any such election is being held shall enforce the provisions of1
this Section when requested to do so by the a registrar, deputy registrar,2
commissioner-in-charge or commissioners. The election commissioners at the3
several polling places likewise shall enforce the provision of this Section. The4
registrar, deputy registrars, commissioners-in-charge and commissioners5
likewise shall enforce the provisions of the Section at the polling places. These6
The law enforcement officers and, commissioners-in-charge, commissioners,7
deputy registrars and registrar are authorized to seize, remove, and destroy any8
political cards, signs, pictures, or literature being used or displayed in violation of9
any of the provisions hereof.10
F. G. Whoever violates any provision of this Section shall be fined not more11
than five hundred dollars or be imprisoned for not more than six months, or both. On12
a second offense or any succeeding offense, the penalty shall be a fine of not more13
than one thousand dollars or imprisonment for not more than one year, or both.14
§1463. Political material; ethics; prohibitions15
* * *16
F. Whoever violates any provision of this Section may be punished by a fine17
not to exceed five hundred dollars or be imprisoned for not more than six months,18
or both. Whoever violates any provision of this Section shall be fined not more19
than two thousand dollars or be imprisoned, with or without hard labor, for not20
more than two years, or both.21
* * *22
§1465. Prohibited use of public funds23
* * *24
B. Whoever violates any provision of this Section shall be fined not more25
than five hundred one thousand dollars or be imprisoned, with or without hard26
labor, for not more than six months two years, or both. On a second offense or any27
succeeding offense, the penalty shall be a fine of not more than one thousand dollars28
or imprisonment for not more than one year, or both.29 SB NO. 615
SLS 10RS-942 REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
* * *1
§1467. Conviction in fraudulent vote cases; prohibition from employment in2
elections3
Any person who has been convicted of any crime involving fraud or any4
violation of this Title while serving in the conduct of an election and in his capacity5
as a commissioner-in-charge, commissioner, watcher, or employee of a parish6
custodian of voting machines, or deputy of a clerk of court or of the civil sheriff of7
the parish of Orleans law enforcement officer, shall thereafter be prohibited from8
serving in any of the positions aforementioned in any election or in connection with9
any election.10
§1468. Contributions in return for endorsement; prohibition11
* * *12
C. Whoever violates the provisions of this Section shall be guilty of a13
misdemeanor and shall be fined not in excess of five hundred dollars more than one14
thousand dollars or be imprisoned, with or without hard labor, for not more than15
six months five years, or both.16
Section 2. R.S. 14:118(A)(1)(b), 119, and 352 and R.S. 18:1300.6 are hereby17
repealed in their entirety.18
Section 3. This Act shall become effective on January 1, 2011.19
The original instrument was prepared by Tim Prather. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Michelle Broussard-Johnson.
DIGEST
Martiny (SB 615)
Present law provides relative to the elections compliance unit.
Proposed law provides that a member of the Elections Compliance Unit upon receipt of a
complaint of any election irregularity 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. SB NO. 615
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(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 prohibits certain activities on election day.
Proposed law prohibits 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.
Present law prohibits 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 subsequent 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.
Effective January 1, 2011.
(Amends R.S. 18:49.1(C), 1461, 1462, 1463(F), 1465(B), 1467, and 1468(C); adds R.S.
18:49.1(D), 1459, 1461.2, 1461.3, 1461.4, 1461.5, 1461.6, 1461.7, and 1461.8; repeals R.S.
118(A)(1)(b) and 119 and R.S. 18:1300.6)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and
Governmental Affairs to the original bill.
1. Adds provision prohibiting a candidate who has withdrawn or was eliminated
prior to or subsequent to a primary election from accepting or offering to
accept anything of value given for the purpose of securing or giving the
candidate's support to any remaining candidate. SB NO. 615
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
2. Adds provision that in the trial of a person charged with a violation of
proposed law, either the bribe-giver or the bribe-taker may give evidence
against the other with immunity from prosecution in favor of the first
informer, except for perjury in giving such testimony.
3. Adds definition of "election official".
Senate Floor Amendments to reengrossed bill.
1. Adds requirement of receipt of complaint for the Elections Compliance Unit
to investigate a polling place.
2. Changes the effective date from upon the signature of the governor to
January 1, 2011.
3. Technical amendments made by the Legislative Bureau.