HLS 11RS-719 ORIGINAL Page 1 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2011 HOUSE BILL NO. 524 BY REPRESENTATIVE JANE SMITH Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. ELECTION CODE: Provides relative to procedures for registration and voting for persons in the U.S. Service and persons residing outside of the U.S. AN ACT1 To amend and reenact R.S. 18:103(B)(3)(b) and (C)(3)(b), 1307(C), 1308(A)(2),2 1308.2(A)(2) and (B), 1310(A)(2) and 1319 and to enact R.S. 18:1307(B)(1)(c) and3 1308.2(A)(3), relative to procedures for voter registration and voting for persons in4 the United States Service and persons residing outside the United States; to provide5 for the transmission, including electronic transmission, of certain registration and6 election materials; to provide relative to procedures for applying to register to vote;7 to provide relative to procedures for making application to vote absentee by mail; to8 provide relative to procedures for voting absentee by mail; to provide for the delivery9 of voting materials to registrars of voters; to provide for effectiveness; and to provide10 for related matters.11 Be it enacted by the Legislature of Louisiana:12 Section 1. R.S. 18:103(B)(3)(b) and (C)(3)(b), 1307(C), 1308(A)(2), 1308.2(A)(2)13 and (B), 1310(A)(2) and 1319 are hereby amended and reenacted and R.S. 18:1307(B)(1)(c)14 and 1308.2(A)(3) are hereby enacted to read as follows: 15 §103. Personal appearance of applicant required; exceptions16 * * *17 B. Any citizen of Louisiana who meets the qualifications set forth in R.S.18 18:101 and who is a legal resident of this state, whether or not he has a place of19 abode in this state, but who is unable to appear in person to register because he is in20 HLS 11RS-719 ORIGINAL HB NO. 524 Page 2 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. the United States Service, as defined in R.S. 18:1302, may register by mail using the1 state mail voter registration form in accordance with the following provisions:2 * * *3 (3) Upon receipt of the document, the applicant shall:4 * * *5 (b) Return the document by mail , facsimile, or other means of transmission6 to the registrar.7 * * *8 C. A person who meets the qualifications set forth in R.S. 18:101(E) who is9 unable to appear in person to register because he is residing outside the United States10 may register by mail using the state mail voter registration form in accordance with11 the following provisions:12 * * *13 (3) Upon receipt of the document, the applicant shall:14 * * *15 (b) Return the document by mail , facsimile, or other means of transmission16 to the registrar.17 * * *18 §1307. Application by mail19 * * *20 B.(1)21 * * *22 (c) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,23 with respect to members of the United States Service and persons residing outside24 the United States who are registered to vote, an application to vote by mail may be25 delivered to the registrar by electronic transmission.26 * * *27 C. If the applicant is a member of the United States Service or resides28 outside the United States, he may use the federal postcard application or an29 HLS 11RS-719 ORIGINAL HB NO. 524 Page 3 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. application electronically transmitted by the registrar or secretary of state, and the1 application shall be received by the registrar no later than 4:30 p.m. on the day2 before the election. Such application shall be valid for a period extending from the3 date the application is received in the office of the registrar of voters through two4 subsequent regularly scheduled federal general elections. If the registrar rejects the5 application of an applicant who is a member of the United States Service or resides6 outside the United States, the registrar shall provide the applicant with written7 reasons for the rejection.8 * * *9 §1308. Absentee voting by mail10 A.11 * * *12 (2)(a) With respect to registered voters on active duty in the United States13 military service or outside the continental boundaries of the United States members14 of the United States Service and persons residing outside the United States who are15 registered to vote, these materials shall be mailed as provided by the Uniformed and16 Overseas Citizens Absentee Voting Act (39 U.S.C. 3406 and 42 U.S.C. 1973ff et17 seq.) and shall include both the primary election ballot and the special ballot for the18 general election.19 (b) Notwithstanding the provision of Subparagraph (a) of this Paragraph,20 with respect to registered voters on active duty in the United States military service21 or outside the continental boundaries of the United States members of the United22 States Service and persons residing outside the United States who are registered to23 vote, these materials may be electronically transmitted for a federal candidates for24 United States senator or United States representative in congressional primary and25 general election elections and must include the special ballot or ballots as provided26 in R.S. 18:1306(A)(4) for the federal congressional general election.27 (c) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,28 with respect to members of the United States Service or persons residing outside the29 HLS 11RS-719 ORIGINAL HB NO. 524 Page 4 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. United States who are registered to vote, these materials may be electronically1 transmitted for candidates for presidential nominee in presidential preference2 primary elections and candidates in presidential elections.3 (d) For mailed ballots, the envelope mailed to the voter shall contain four4 envelopes, two of which shall be the ballot envelopes and two of which shall be5 return envelopes. Each return envelope shall bear the official title and mailing6 address of the registrar, whether it contains a primary or general election ballot, and7 the name, return address, and precinct or district number of the voter. The voter shall8 return his voted primary election ballot and special ballot for the general election to9 the registrar in the appropriate envelopes. The registrar of voters shall not mail a10 regular general election absentee ballot to a member of the United States Service or11 to persons residing overseas only if the registrar has mailed the special regular12 general election absentee ballot includes one or more elections that were not included13 on the special ballot sent, as provided herein, to such voter. The envelope for the14 special ballot shall contain language on the outside of the envelope that clearly15 designates which envelope is to be used for return of the general election ballot.16 (d) (e)(i) For each electronically transmitted presidential preference primary,17 presidential, congressional primary, and federal congressional general election ballot18 ballots, the registrar shall transmit the ballot or ballots, certificate, and waiver of the19 right to a secret ballot to the voter for each ballot mailing. The waiver of the right20 to a secret ballot shall contain the following statement: "My ballot was transmitted21 electronically to me and I am voluntarily waiving my right to a secret ballot." The22 statement shall also contain a space for the voter's handwritten signature, the date,23 and the voter's social security number. The voter shall return by mail his voted ballot24 or ballots, completed certificate, and signed waiver of the right to a secret ballot for25 each ballot mailing. The registrar and his staff shall take the steps necessary to keep26 each voted ballot that was transmitted electronically as confidential as practicable.27 (ii) The voter may use the a separate "Security Envelope" and ballot28 transmittal envelope from the Federal Write-in Absentee Ballot to mail the29 HLS 11RS-719 ORIGINAL HB NO. 524 Page 5 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. electronically transmitted federal presidential preference primary, presidential,1 congressional primary or congressional general election ballot or ballots, and2 certificate, and waiver of the right to a secret ballot to the parish registrar of voters3 for each ballot mailing.4 (e) (f) Notwithstanding the provisions of Subparagraphs (a), (b), and (c), and5 (d) of this Paragraph, a voter who is on active duty in the United States military6 service or residing outside the United States continental boundaries a member of the7 United States Service or who resides outside the United States and who feels he will8 not have time to vote timely by mail, may request that the registrar transmit to him9 by facsimile a ballot, including the certificate, or a second ballot, as the case may be,10 and the registrar shall do so. The voter may then either mail or transmit by facsimile11 his voted ballot and certificate back to the registrar at the facsimile machine number12 designated by the registrar. If the voter chooses to transmit his voted ballot to the13 registrar by facsimile, the documents to be transmitted shall contain the following14 statement: "I understand that by faxing my voted ballot I am voluntarily waiving my15 right to a secret ballot." This statement shall be followed by the voter's handwritten16 signature, date, and social security number. Upon receipt of the transmittal, the17 registrar shall place the voted ballot along with the signed statement and certificate18 in an appropriately marked envelope and seal it. The registrar and his staff shall take19 the steps necessary to keep the voted ballots received by facsimile as confidential as20 practicable.21 (f) (g) The secretary of state as the chief election officer of the state shall22 take all actions reasonably necessary to allow persons residing outside the23 continental boundaries and persons on active duty in the armed forces members of24 the United States Service and persons residing outside the United States to vote25 according to the Uniformed and Overseas Citizens Absentee Voting Act or otherwise26 during a period of declared emergency, whether by mail, facsimile, or other means27 of transmission of the ballot, notwithstanding any provision of this Code to the28 contrary.29 HLS 11RS-719 ORIGINAL HB NO. 524 Page 6 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. * * *1 §1308.2. Voting absentee by mail for candidates for presidential nominee,2 presidential candidates, and congressional candidates3 A.4 * * *5 (2) At least forty-five days before each congressional primary and general6 election, the secretary of state shall deliver to each registrar a sufficient quantity of7 primary election absentee by mail ballots for congressional candidates and special8 absentee by mail ballots for congressional candidates as provided in R.S.9 18:1306(A)(4), envelopes, certificates, and instructions to be used only by members10 of the United States Service, as defined in R.S. 18:1302, and persons residing outside11 the United States who are registered to vote pursuant to R.S. 18:103(C), for the12 election of the members of congress, including special ballots, certificates, and13 instructions to be electronically transmitted to the voters.14 (3) At least forty-five days before each presidential preference primary15 election, the secretary of state shall deliver to each registrar a sufficient quantity of16 absentee by mail ballots, envelopes, certificates, and instructions to be used only by17 members of the United States Service and persons residing outside the United States18 who are registered to vote for candidates for presidential nominee, including ballots,19 certificates, and instructions to be electronically transmitted to the voters.20 B. Voting absentee by mail for candidates for presidential nominee,21 presidential candidates, and congressional candidates as provided in Subsection A22 hereof of this Section shall be conducted pursuant to the provisions of this Chapter23 governing absentee by mail voting generally.24 * * *25 §1310. Execution of certificate; marking of ballot; casting vote; assistance26 A.27 * * *28 HLS 11RS-719 ORIGINAL HB NO. 524 Page 7 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (2) When a member of the United States Service, as defined in R.S. 18:1302,1 or a person residing outside the United States who is registered to vote receives the2 absentee voting materials by electronic transmission, he first shall print all3 documents and fill in all blanks on the certificate and the waiver of the right to a4 secret ballot for each ballot mailing. The voter then shall mark the ballot or ballots5 according to the printed instructions on its face. The voter shall then place the voted6 ballot or ballots, completed certificate, and waiver of the right to a secret ballot in an7 envelope, seal the envelope, mark "Absentee Ballot Enclosed" on the envelope, and8 mail the envelope and its contents to the registrar of voters.9 * * *10 §1319. Use of Federal Write-In Absentee Ballot; presidential preference primary,11 presidential, and congressional elections12 A member of the United States Service, as defined in R.S. 18:1302, or a13 person residing outside the United States who made a timely application to vote14 absentee by mail as provided in R.S. 18:1307(C) and who did not receive absentee15 by mail ballots may use the Federal Write-In Absentee Ballot to vote in for16 candidates for presidential nominee, presidential elections candidates, and17 congressional elections candidates. The Federal Write-In Absentee Ballot shall be18 submitted, processed, and counted in the manner provided in this Chapter.19 Section 2. This Act shall become effective upon signature by the governor or, if not20 signed by the governor, upon expiration of the time for bills to become law without signature21 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If22 vetoed by the governor and subsequently approved by the legislature, this Act shall become23 effective on the day following such approval.24 HLS 11RS-719 ORIGINAL HB NO. 524 Page 8 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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)] Jane Smith HB No. 524 Abstract: Provides relative to procedures for registration and voting for persons in the U.S. Service and persons residing outside of the U.S. Present law (R.S. 18:103) provides for voter registration. Provides requirements and procedures for registering to vote by mail, including procedures for persons who are unable to register in person because they are in the U.S. Service or because they reside outside of the U.S. Provides that such a person must return registration documents by mail to the registrar. Proposed law allows for the transmission of registration documents by facsimile or other means of transmission in addition to mailing. Present law (R.S. 18:1307) provides procedures and requirements for applying to vote absentee by mail. Requires an application to include certain specified information. Requires the application to be delivered to the registrar by any means, including the United States Postal Service, commercial delivery service, hand delivery, or facsimile. Proposed law provides that with respect to members of the U.S. Service and persons residing outside the U.S. who are registered to vote, an application to vote by mail may be delivered to the registrar by electronic transmission. Present law provides that an applicant who is a member of the U.S. Service or who resides outside the U.S. may use the federal postcard application and that the application shall be received by the registrar no later than 4:30 p.m. on the day before the election. Provides for the continuing validity of such an application. Proposed law provides that such an applicant may also use an application electronically transmitted by the registrar or the secretary of state. Present law (R.S. 18:1308) provides procedures for voting absentee by mail. Requires the registrar to mail the necessary instructions, certificates, ballots, and envelopes to the applicant. Provides specific procedures for mailing materials to registered voters on active duty in the U.S. military service or outside the continental boundaries of the U.S. Provides that materials may be electronically transmitted for a federal general election. Proposed law specifies that materials may be electronically transmitted for federal candidates in congressional elections, presidential preference primary elections, and presidential elections. Present law requires that the ballots mailed to military and overseas voters must include both the primary election ballot and the special ballot for the general election. Provides that the registrar of voters shall not mail a regular general election absentee ballot to a member of the United States Service or to persons residing overseas if the registrar has mailed the special ballot to such voter. Proposed law provides that the registrar shall mail the voter a regular general election absentee ballot if it includes one or more elections that were not included on the special ballot sent to the voter. Present law provides that military and overseas voters may use the ballot transmittal envelope from the Federal Write-in Absentee Ballot to mail electronically transmitted federal general election voting materials. Proposed law specifies that present law additionally applies to voting materials for congressional elections, presidential preference primary elections, and presidential elections. Present law (R.S. 18:1308.2) provides that at least 45 days before each presidential election and congressional general election the secretary of state must deliver absentee by mail HLS 11RS-719 ORIGINAL HB NO. 524 Page 9 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. materials to the registrar, including special ballots, certificates, and instructions to be electronically transmitted to voters. Proposed law specifies that present law additionally applies to presidential preference primary elections and congressional primary elections. Present law provides that voting absentee by mail for presidential and congressional candidates is conducted pursuant to present law provisions relative to absentee by mail voting generally. Proposed law specifies that present law applies additionally to presidential preference primary elections. Present law (R.S. 18:1319) provides that a military or overseas voter who made a timely application to vote absentee by mail as provided in present law (R.S. 18:1307(C)) and who did not receive absentee by mail ballots may use the Federal Write-In Absentee Ballot to vote in presidential elections and congressional elections. Proposed law provides that such ballot may be used to vote for candidates for presidential nominee, presidential candidates, and congressional candidates. Proposed law makes various technical changes. Effective upon signature of governor or lapse of time for gubernatorial action. (Amends R.S. 18:103(B)(3)(b) and (C)(3)(b), 1307(C), 1308(A)(2), 1308.2(A)(2) and (B), 1310(A)(2) and 1319; Adds R.S. 18:1307(B)(1)(c) and 1308.2(A)(3))