HLS 11RS-719 REENGROSSED
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Regular Session, 2011
HOUSE BILL NO. 524
BY REPRESENTATIVES JANE SMITH, ARNOLD, AUBERT, BOBBY BADON,
BURFORD, HENRY BURNS, TIM BURNS, BURRELL, CARMODY, CARTER,
CHANDLER, CHANEY, CROMER, DOERGE, DOVE, DOWNS, GISCLAIR,
GUILLORY, HAZEL, HENRY, HILL, HINES, HOFFMANN, HOWARD, GIROD
JACKSON, MICHAEL JACKSON, KATZ, LORUSSO, MCVEA, MORRIS,
NOWLIN, POPE, PUGH, RICHARD, SCHRODER, SEABAUGH, SIMON, GARY
SMITH, ST. GERMAIN, TALBOT, TEMPLET, THIERRY, TUCKER, WHITE,
WILLIAMS, AND WILLMOTT
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), 1306(E)(2), 1307(C), 1308(A)(2),2
1308.2, 1310(A)(2), and 1319 and to enact R.S. 18:1307(B)(1)(c), relative to3
procedures for voter registration and voting for persons in the United States Service4
and persons residing outside the United States; to provide for the transmission,5
including electronic transmission, of certain registration and election materials; to6
provide relative to procedures for applying to register to vote; to provide relative to7
procedures for making application to vote absentee by mail; to provide relative to8
procedures for voting absentee by mail; to provide for the delivery of voting9
materials to registrars of voters; to provide for effectiveness; and to provide for10
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), 1306(E)(2), 1307(C), 1308(A)(2),13
1308.2, 1310(A)(2), and 1319 are hereby amended and reenacted and R.S. 18:1307(B)(1)(c)14
is hereby enacted to read as follows: 15
§103. Personal appearance of applicant required; exceptions16
* * *17 HLS 11RS-719 REENGROSSED
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B. Any citizen of Louisiana who meets the qualifications set forth in R.S.1
18:101 and who is a legal resident of this state, whether or not he has a place of2
abode in this state, but who is unable to appear in person to register because he is in3
the United States Service, as defined in R.S. 18:1302, may register by mail using the4
state mail voter registration form in accordance with the following provisions:5
* * *6
(3) Upon receipt of the document, the applicant shall:7
* * *8
(b) Return the document by mail , facsimile, or other means of transmission9
to the registrar.10
* * *11
C. A person who meets the qualifications set forth in R.S. 18:101(E) who is12
unable to appear in person to register because he is residing outside the United States13
may register by mail using the state mail voter registration form in accordance with14
the following provisions:15
* * *16
(3) Upon receipt of the document, the applicant shall:17
* * *18
(b) Return the document by mail , facsimile, or other means of transmission19
to the registrar.20
* * *21
§1306. Preparation and distribution of absentee by mail and early voting ballots22
* * *23
E.24
* * *25
(2)(a) An absentee by mail or early voting ballot envelope flap shall also26
contain lines for the handwritten signature of two witnesses. The voter may sign the27
certificate in the presence of two witnesses, or one witness if the voter is voting28
absentee by mail as authorized by R.S. 18:1303(F) or (I), and in such a case, the29 HLS 11RS-719 REENGROSSED
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voter shall not be required to obtain the signature of a notary public, but his1
certificate shall be made under penalty of perjury for providing false or fraudulent2
information. Above the perforation and along the seal line, the words "DO NOT3
DETACH FLAP" shall be printed.4
(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,5
a member of the United States Service or person residing outside of the United States6
who is registered to vote shall not be required to sign the certificate in the presence7
of two witnesses or to obtain the signature of a notary public, but his certificate shall8
be made under penalty of perjury for providing false or fraudulent information.9
* * *10
§1307. Application by mail11
* * *12
B.(1)13
* * *14
(c) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,15
with respect to members of the United States Service and persons residing outside16
the United States who are registered to vote, an application to vote by mail may be17
delivered to the registrar by electronic transmission.18
* * *19
C. If the applicant is a member of the United States Service or resides20
outside the United States, he may use the federal postcard application or an21
application electronically transmitted by the registrar or secretary of state, and the22
application shall be received by the registrar no later than 4:30 p.m. on the day23
before the election. Such application shall be valid for a period extending from the24
date the application is received in the office of the registrar of voters through two25
subsequent regularly scheduled federal general elections. If the registrar rejects the26
application of an applicant who is a member of the United States Service or resides27 HLS 11RS-719 REENGROSSED
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outside the United States, the registrar shall provide the applicant with written1
reasons for the rejection.2
* * *3
§1308. Absentee voting by mail4
A.5
* * *6
(2)(a) With respect to registered voters on active duty in the United States7
military service or outside the continental boundaries of the United States members8
of the United States Service and persons residing outside the United States who are9
registered to vote, these materials shall be mailed as provided by the Uniformed and10
Overseas Citizens Absentee Voting Act (39 U.S.C. 3406 and 42 U.S.C. 1973ff et11
seq.) and shall include both the primary election ballot and the special ballot for the12
general election. The registrar shall mail the materials for candidates for United13
States senator or United States representative in congressional primary and general14
elections, candidates for presidential nominee in presidential preference primary15
elections, and candidates in presidential elections at least forty-five days prior to the16
election to those voters who have made application to vote absentee by mail by such17
time.18
(b) Notwithstanding the provision of Subparagraph (a) of this Paragraph,19
with respect to registered voters on active duty in the United States military service20
or outside the continental boundaries of the United States members of the United21
States Service and persons residing outside the United States who are registered to22
vote, these materials may be electronically transmitted for a federal candidates for23
United States senator or United States representative in congressional primary and24
general election elections and must include the special ballot or ballots as provided25
in R.S. 18:1306(A)(4) for the federal congressional general election. The registrar26
shall transmit the materials at least forty-five days prior to the election to those27
voters who have requested electronic transmission by such time.28 HLS 11RS-719 REENGROSSED
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(c) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,1
with respect to members of the United States Service and persons residing outside2
the United States who are registered to vote, these materials may be electronically3
transmitted for candidates for presidential nominee in presidential preference4
primary elections and candidates in presidential elections. The registrar shall5
transmit the materials at least forty-five days prior to the election to those voters who6
have requested electronic transmission by such time.7
(d) For mailed ballots, the envelope mailed to the voter shall contain four8
envelopes, two of which shall be the ballot envelopes and two of which shall be9
return envelopes. Each return envelope shall bear the official title and mailing10
address of the registrar, whether it contains a primary or general election ballot, and11
the name, return address, and precinct or district number of the voter. The voter shall12
return his voted primary election ballot and special ballot for the general election to13
the registrar in the appropriate envelopes. The registrar of voters shall not mail a14
regular general election absentee ballot to a member of the United States Service or15
to persons residing overseas only if the registrar has mailed the special regular16
general election absentee ballot includes one or more elections that were not included17
on the special ballot sent, as provided herein, to such voter. The envelope for the18
special ballot shall contain language on the outside of the envelope that clearly19
designates which envelope is to be used for return of the general election ballot.20
(d) (e)(i) For each electronically transmitted presidential preference primary,21
presidential, congressional primary, and federal congressional general election ballot22
ballots, the registrar shall transmit the ballot or ballots, certificate, and waiver of the23
right to a secret ballot to the voter for each ballot mailing. The waiver of the right24
to a secret ballot shall contain the following statement: "My ballot was transmitted25
electronically to me and I am voluntarily waiving my right to a secret ballot." The26
statement shall also contain a space for the voter's handwritten signature, the date,27
and the voter's social security number. The voter shall return by mail his voted ballot28
or ballots, completed certificate, and signed waiver of the right to a secret ballot for29 HLS 11RS-719 REENGROSSED
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each ballot mailing. The registrar and his staff shall take the steps necessary to keep1
each voted ballot that was transmitted electronically as confidential as practicable.2
(ii) The voter may use the a separate "Security Envelope" and ballot3
transmittal envelope from the Federal Write-in Absentee Ballot to mail the4
electronically transmitted federal presidential preference primary, presidential,5
congressional primary, or congressional general election ballot or ballots, and6
certificate, and waiver of the right to a secret ballot to the parish registrar of voters7
for each ballot mailing.8
(e) (f) Notwithstanding the provisions of Subparagraphs (a), (b), and (c), and9
(d) of this Paragraph, a voter who is on active duty in the United States military10
service or residing outside the United States continental boundaries a member of the11
United States Service or who resides outside the United States and who feels he will12
not have time to vote timely by mail, may request that the registrar transmit to him13
by facsimile a ballot, including the certificate, or a second ballot, as the case may be,14
and the registrar shall do so. The voter may then either mail or transmit by facsimile15
his voted ballot and certificate back to the registrar at the facsimile machine number16
designated by the registrar. If the voter chooses to transmit his voted ballot to the17
registrar by facsimile, the documents to be transmitted shall contain the following18
statement: "I understand that by faxing my voted ballot I am voluntarily waiving my19
right to a secret ballot." This statement shall be followed by the voter's handwritten20
signature, date, and social security number. Upon receipt of the transmittal, the21
registrar shall place the voted ballot along with the signed statement and certificate22
in an appropriately marked envelope and seal it. The registrar and his staff shall take23
the steps necessary to keep the voted ballots received by facsimile as confidential as24
practicable.25
(f) (g) The secretary of state as the chief election officer of the state shall26
take all actions reasonably necessary to allow persons residing outside the27
continental boundaries and persons on active duty in the armed forces members of28
the United States Service and persons residing outside the United States to vote29 HLS 11RS-719 REENGROSSED
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according to the Uniformed and Overseas Citizens Absentee Voting Act or otherwise1
during a period of declared emergency, whether by mail, facsimile, or other means2
of transmission of the ballot, notwithstanding any provision of this Code to the3
contrary.4
* * *5
§1308.2. Voting absentee by mail for candidates for presidential nominee,6
presidential candidates, and congressional candidates7
A.(1) At least forty-five forty-six days before each presidential election, the8
secretary of state shall deliver to each registrar a sufficient quantity of absentee by9
mail ballots, envelopes, certificates, and instructions, including those to be10
electronically transmitted, for the election of the president of the United States to be11
used only by members of the United States Service, as defined in R.S. 18:1302, and12
persons residing outside the United States who are registered to vote pursuant to R.S.13
18:103(C), for the election of the president of the United States, including ballots,14
certificates, and instructions to be electronically transmitted to the voters. The15
absentee by mail ballot shall be prepared according to law and shall contain only16
presidential candidates. The absentee by mail ballot envelope shall be marked17
"Presidential Ballot Only".18
(2) At least forty-five forty-six days before each congressional primary and19
general election, the secretary of state shall deliver to each registrar a sufficient20
quantity of primary election absentee by mail ballots for congressional candidates21
and special absentee by mail ballots for congressional candidates as provided in R.S.22
18:1306(A)(4), envelopes, certificates, and instructions, including those to be23
electronically transmitted, to be used only by members of the United States Service,24
as defined in R.S. 18:1302, and persons residing outside the United States who are25
registered to vote. pursuant to R.S. 18:103(C), for the election of the members of26
congress, including special ballots, certificates, and instructions to be electronically27
transmitted to the voters.28 HLS 11RS-719 REENGROSSED
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(3) At least forty-six days before each presidential preference primary1
election, the secretary of state shall deliver to each registrar a sufficient quantity of2
absentee by mail ballots, envelopes, certificates, and instructions, including those to3
be electronically transmitted, for candidates for presidential nominee to be used only4
by members of the United States Service and persons residing outside the United5
States who are registered to vote.6
B. Voting absentee by mail for candidates for presidential nominee,7
presidential candidates, and congressional candidates as provided in Subsection A8
hereof of this Section shall be conducted pursuant to the provisions of this Chapter9
governing absentee by mail voting generally.10
* * *11
§1310. Execution of certificate; marking of ballot; casting vote; assistance12
A.13
* * *14
(2) When a member of the United States Service, as defined in R.S. 18:1302,15
or a person residing outside the United States who is registered to vote receives the16
absentee voting materials by electronic transmission, he first shall print all17
documents and fill in all blanks on the certificate and the waiver of the right to a18
secret ballot for each ballot mailing. The voter then shall mark the ballot or ballots19
according to the printed instructions on its face. The voter shall then place the voted20
ballot or ballots, completed certificate, and waiver of the right to a secret ballot in an21
for each ballot mailing in a separate envelope, seal the envelope, mark "Absentee22
Ballot Enclosed" on the envelope, and mail the envelope and its contents to the23
registrar of voters.24
* * *25
§1319. Use of Federal Write-In Absentee Ballot; presidential preference primary,26
presidential, and congressional elections27
A member of the United States Service, as defined in R.S. 18:1302, or a28
person residing outside the United States who made a timely application to vote29 HLS 11RS-719 REENGROSSED
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absentee by mail as provided in R.S. 18:1307(C) and who did not receive absentee1
by mail ballots may use the Federal Write-In Absentee Ballot to vote in for2
candidates for presidential nominee, presidential elections candidates, and3
congressional elections candidates. The Federal Write-In Absentee Ballot shall be4
submitted, processed, and counted in the manner provided in this Chapter.5
Section 2. This Act shall become effective upon signature by the governor or, if not6
signed by the governor, upon expiration of the time for bills to become law without signature7
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If8
vetoed by the governor and subsequently approved by the legislature, this Act shall become9
effective on the day following such approval.10
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. 18:1306) provides procedures and requirements for voting absentee by
mail. Requires a voter to execute a certificate stating that the statements made by him are
true and correct and that the voter is aware of the penalties for knowingly making a false
statement. In signing the certificate, requires the voter to obtain the signature of a notary
public unless he signs the certificate in the presence of two witnesses who also sign the
certificate. Allows certain disabled voters to execute the certificate in the presence of one
witness. Proposed law provides that a voter in the U.S. Service or residing outside of the
U.S. is not required to obtain the signature of a notary or to execute the certificate in the
presence of two witnesses. Otherwise retains present law.
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 U.S.P.S.,
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. HLS 11RS-719 REENGROSSED
HB NO. 524
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are additions.
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 United States military service or outside the continental boundaries of the United
States. 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. Requires the registrar to mail or electronically transmit materials for
federal candidates in a federal election 45 days prior to the election for voters who have
made application and requested such transmission prior to such time.
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
materials to the registrar, including special ballots, certificates, and instructions to be
electronically transmitted to voters. Proposed law changes the deadline from 45 days before
the election to 46 days before the election. 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. HLS 11RS-719 REENGROSSED
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Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 18:103(B)(3)(b) and (C)(3)(b), 1306(E)(2), 1307(C), 1308(A)(2), 1308.2,
1310(A)(2), and 1319; Adds R.S. 18:1307(B)(1)(c))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original bill.
1. Makes technical changes.
2. Removes the requirement that a member of the U.S. Service or person residing
outside of the U.S. who votes absentee by mail have two witnesses attest to his
certification certifying that the statements made by him are true and correct and
that the voter is aware of the penalties for knowingly making a false statement.
3. Adds requirement that for voters in the U.S. Service and voters residing outside
of the U.S., the registrar mail at least 45 days prior to the election the materials
for certain candidates if application to vote absentee by mail has been made by
that time, and to transmit such materials electronically if a request for such
transmission has been made by such time.
4. Changes present law to require the secretary of state to deliver, at least 46 days
before each presidential election, to each registrar a sufficient number of
absentee by mail ballots, envelopes, certificates, and instructions, including those
to be electronically transmitted, for federal candidates to be used by voters in the
U.S. Service and voters residing outside of the U.S.
5. Adds requirement that each absentee by mail ballot returned, with accompanying
required documentation, shall be in a separate envelope.
House Floor Amendments to the engrossed bill.
1. Makes technical changes.