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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, MORRI S,
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.
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
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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 ENROLLEDHB NO. 524
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abode in this state, but who is unable to appear in person to register because he is in1
the United States Service, as defined in R.S. 18:1302, may register by mail using the2
state mail voter registration form in accordance with the following provisions:3
* * *4
(3) Upon receipt of the document, the applicant shall:5
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(b) Return the document by mail , facsimile, or other means of transmission7
to the registrar.8
* * *9
C. A person who meets the qualifications set forth in R.S. 18:101(E) who is10
unable to appear in person to register because he is residing outside the United States11
may register by mail using the state mail voter registration form in accordance with12
the following provisions:13
* * *14
(3) Upon receipt of the document, the applicant shall:15
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(b) Return the document by mail , facsimile, or other means of transmission17
to the registrar.18
* * *19
§1306. Preparation and distribution of absentee by mail and early voting ballots20
* * *21
E.22
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(2)(a) An absentee by mail or early voting ballot envelope flap shall also24
contain lines for the handwritten signature of two witnesses. The voter may sign the25
certificate in the presence of two witnesses, or one witness if the voter is voting26
absentee by mail as authorized by R.S. 18:1303(F) or (I), and in such a case, the27
contain a line for the handwritten signature of one witness. The voter may sign the28
certificate in the presence of one witness and in such a case, the voter shall not be29
required to obtain the signature of a notary public, but his certificate shall be made30 ENROLLEDHB NO. 524
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under penalty of perjury for providing false or fraudulent information. Above the1
perforation and along the seal line, the words "DO NOT DETACH FLAP" shall be2
printed.3
(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,4
a member of the United States Service or person residing outside of the United States5
who is registered to vote shall not be required to sign the certificate in the presence6
of one witness or to obtain the signature of a notary public, but his certificate shall7
be made under penalty of perjury for providing false or fraudulent information.8
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§1307. Application by mail10
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B.(1)12
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(c) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,14
with respect to members of the United States Service and persons residing outside15
the United States who are registered to vote, an application to vote by mail may be16
delivered to the registrar by electronic transmission.17
* * *18
C. If the applicant is a member of the United States Service or resides19
outside the United States, he may use the federal postcard application or an20
application electronically transmitted by the registrar or secretary of state, and the21
application shall be received by the registrar no later than 4:30 p.m. on the day22
before the election. Such application shall be valid for a period extending from the23
date the application is received in the office of the registrar of voters through two24
subsequent regularly scheduled federal general elections. If the registrar rejects the25
application of an applicant who is a member of the United States Service or resides26 ENROLLEDHB NO. 524
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outside the United States, the registrar shall provide the applicant with written1
reasons for the rejection.2
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§1308. Absentee voting by mail4
A.5
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(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
(c) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,29
with respect to members of the United States Service and persons residing outside30 ENROLLEDHB NO. 524
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the 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. The registrar shall3
transmit the materials at least forty-five days prior to the election to those voters who4
have requested electronic transmission by such time.5
(d) For mailed ballots, the envelope mailed to the voter shall contain four6
envelopes, two of which shall be the ballot envelopes and two of which shall be7
return envelopes. Each return envelope shall bear the official title and mailing8
address of the registrar, whether it contains a primary or general election ballot, and9
the name, return address, and precinct or district number of the voter. The voter shall10
return his voted primary election ballot and special ballot for the general election to11
the registrar in the appropriate envelopes. The registrar of voters shall not mail a12
regular general election absentee ballot to a member of the United States Service or13
to persons residing overseas only if the registrar has mailed the special regular14
general election absentee ballot includes one or more elections that were not included15
on the special ballot sent, as provided herein, to such voter. The envelope for the16
special ballot shall contain language on the outside of the envelope that clearly17
designates which envelope is to be used for return of the general election ballot.18
(d) (e)(i) For each electronically transmitted presidential preference primary,19
presidential, congressional primary, and federal congressional general election ballot20
ballots, the registrar shall transmit the ballot or ballots, certificate, and waiver of the21
right to a secret ballot to the voter for each ballot mailing. The waiver of the right22
to a secret ballot shall contain the following statement: "My ballot was transmitted23
electronically to me and I am voluntarily waiving my right to a secret ballot." The24
statement shall also contain a space for the voter's handwritten signature, the date,25
and the voter's social security number. The voter shall return by mail his voted ballot26
or ballots, completed certificate, and signed waiver of the right to a secret ballot for27
each ballot mailing. The registrar and his staff shall take the steps necessary to keep28
each voted ballot that was transmitted electronically as confidential as practicable.29 ENROLLEDHB NO. 524
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(ii) The voter may use the a separate "Security Envelope" and ballot1
transmittal envelope from the Federal Write-in Absentee Ballot to mail the2
electronically transmitted federal presidential preference primary, presidential,3
congressional primary, or congressional general election ballot or ballots, and4
certificate, and waiver of the right to a secret ballot to the parish registrar of voters5
for each ballot mailing.6
(e) (f) Notwithstanding the provisions of Subparagraphs (a), (b), and (c), and7
(d) of this Paragraph, a voter who is on active duty in the United States military8
service or residing outside the United States continental boundaries a member of the9
United States Service or who resides outside the United States and who feels he will10
not have time to vote timely by mail, may request that the registrar transmit to him11
by facsimile a ballot, including the certificate, or a second ballot, as the case may be,12
and the registrar shall do so. The voter may then either mail or transmit by facsimile13
his voted ballot and certificate back to the registrar at the facsimile machine number14
designated by the registrar. If the voter chooses to transmit his voted ballot to the15
registrar by facsimile, the documents to be transmitted shall contain the following16
statement: "I understand that by faxing my voted ballot I am voluntarily waiving my17
right to a secret ballot." This statement shall be followed by the voter's handwritten18
signature, date, and social security number. Upon receipt of the transmittal, the19
registrar shall place the voted ballot along with the signed statement and certificate20
in an appropriately marked envelope and seal it. The registrar and his staff shall take21
the steps necessary to keep the voted ballots received by facsimile as confidential as22
practicable.23
(f) (g) The secretary of state as the chief election officer of the state shall24
take all actions reasonably necessary to allow persons residing outside the25
continental boundaries and persons on active duty in the armed forces members of26
the United States Service and persons residing outside the United States to vote27
according to the Uniformed and Overseas Citizens Absentee Voting Act or otherwise28
during a period of declared emergency, whether by mail, facsimile, or other means29 ENROLLEDHB NO. 524
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of transmission of the ballot, notwithstanding any provision of this Code to the1
contrary.2
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§1308.2. Voting absentee by mail for candidates for presidential nominee,4
presidential candidates, and congressional candidates5
A.(1) At least forty-five forty-six days before each presidential election, the6
secretary of state shall deliver to each registrar a sufficient quantity of absentee by7
mail ballots, envelopes, certificates, and instructions, including those to be8
electronically transmitted, for the election of the president of the United States to be9
used only by members of the United States Service, as defined in R.S. 18:1302, and10
persons residing outside the United States who are registered to vote pursuant to R.S.11
18:103(C), for the election of the president of the United States, including ballots,12
certificates, and instructions to be electronically transmitted to the voters. The13
absentee by mail ballot shall be prepared according to law and shall contain only14
presidential candidates. The absentee by mail ballot envelope shall be marked15
"Presidential Ballot Only".16
(2) At least forty-five forty-six days before each congressional primary and17
general election, the secretary of state shall deliver to each registrar a sufficient18
quantity of primary election absentee by mail ballots for congressional candidates19
and special absentee by mail ballots for congressional candidates as provided in R.S.20
18:1306(A)(4), envelopes, certificates, and instructions, including those to be21
electronically transmitted, to be used only by members of the United States Service,22
as defined in R.S. 18:1302, and persons residing outside the United States who are23
registered to vote. pursuant to R.S. 18:103(C), for the election of the members of24
congress, including special ballots, certificates, and instructions to be electronically25
transmitted to the voters.26
(3) At least forty-six days before each presidential preference primary27
election, the secretary of state shall deliver to each registrar a sufficient quantity of28
absentee by mail ballots, envelopes, certificates, and instructions, including those to29
be electronically transmitted, for candidates for presidential nominee to be used only30 ENROLLEDHB NO. 524
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by members of the United States Service and persons residing outside the United1
States who are registered to vote.2
B. Voting absentee by mail for candidates for presidential nominee,3
presidential candidates, and congressional candidates as provided in Subsection A4
hereof of this Section shall be conducted pursuant to the provisions of this Chapter5
governing absentee by mail voting generally.6
* * *7
§1310. Execution of certificate; marking of ballot; casting vote; assistance8
A.9
* * *10
(2) When a member of the United States Service, as defined in R.S. 18:1302,11
or a person residing outside the United States who is registered to vote receives the12
absentee voting materials by electronic transmission, he first shall print all13
documents and fill in all blanks on the certificate and the waiver of the right to a14
secret ballot for each ballot mailing. The voter then shall mark the ballot or ballots15
according to the printed instructions on its face. The voter shall then place the voted16
ballot or ballots, completed certificate, and waiver of the right to a secret ballot in an17
for each ballot mailing in a separate envelope, seal the envelope, mark "Absentee18
Ballot Enclosed" on the envelope, and mail the envelope and its contents to the19
registrar of voters.20
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§1319. Use of Federal Write-In Absentee Ballot; presidential preference primary,22
presidential, and congressional elections23
A member of the United States Service, as defined in R.S. 18:1302, or a24
person residing outside the United States who made a timely application to vote25
absentee by mail as provided in R.S. 18:1307(C) and who did not receive absentee26
by mail ballots may use the Federal Write-In Absentee Ballot to vote in for27
candidates for presidential nominee, presidential elections candidates, and28
congressional elections candidates. The Federal Write-In Absentee Ballot shall be29
submitted, processed, and counted in the manner provided in this Chapter.30 ENROLLEDHB NO. 524
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Section 2. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: