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Regular Session, 2011
HOUSE BILL NO. 533
BY REPRESENTATIVE GALLOT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ELECTION CODE: Makes revisions to the Election Code
AN ACT1
To amend and reenact R.S. 18:103(B)(3)(b) and (C)(3)(b), 109, 152(C)(2)(a), 154(C),2
427(B), 431(A)(1)(a), 435(A)(1), 463(A)(1)(a), 591, 602(A), (B), (C), (D), (E)(1)(a),3
(2)(a), and (4), and (F), 604(B)(1) and (2)(a), 1259(A) and (B), 1284(F)(1) and (2),4
1299.1, 1300.13, 1307(B)(2) and (H), 1309.1, 1314(B)(1), (C)(1)(b) and (3), and5
(D)(2), 1352, 1402(C), 1406(B), 1415(B), (C), (D), (E), and (F), 1431, 1432(A), and6
1433(A) and (B), to enact R.S. 18:1307(I), 1401(F), 1404(E), 1405(H), and 1415(G),7
and to repeal R.S. 18:1259(D), relative to the Louisiana Election Code; to revise the8
system of laws comprising the Louisiana Election Code; to provide for the return of9
voter registration materials to the registrar of voters; to provide for the content of10
notices of registration; to provide relative to precinct registers used by the registrar11
of voters; to provide relative to disclosure of voter information; to provide relative12
to watchers; to provide relative to courses of instruction for commissioners; to13
provide for information required on a notice of candidacy; to provide for the time14
limits for making appointments to fill vacancies in certain offices; to provide for the15
time limits for issuing proclamations for special elections to fill vacancies in certain16
offices; to provide relative to the requirements for special elections for certain17
offices; to provide for the arrangement of the ballot in elections for presidential18
electors; to provide relative to propositions submitted to voters at certain elections;19
to provide relative to recall elections; to provide relative to applying to vote absentee20
by mail; to provide relative to the preparation of voting machines; to provide relative21 HLS 11RS-651 ORIGINAL
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to absentee by mail and early voting commissioners; to provide for the use of paper1
ballots; to provide for effectiveness; and to provide for related matters.2
Be it enacted by the Legislature of Louisiana:3
Section 1. R.S. 18:103(B)(3)(b) and (C)(3)(b), 109, 152(C)(2)(a), 154(C), 427(B),4
431(A)(1)(a), 435(A)(1), 463(A)(1)(a), 591, 602(A), (B), (C), (D), (E)(1)(a), (2)(a), and (4),5
and (F), 604(B)(1) and (2)(a), 1259(A) and (B), 1300.13, 1307(B)(2) and (H), 1309.1,6
1314(B)(1), (C)(1)(b) and (3), and (D)(2), 1352, 1402(C), 1406(B), 1415(B), (C), (D), (E),7
and (F), 1431, 1432(A), and 1433(A) and (B) are hereby amended and reenacted and R.S.8
18:1307(I), 1401(F), 1404(E), 1405(H), and 1415(G) are hereby enacted to read as follows:9
§103. Personal appearance of applicant required; exceptions10
* * *11
B. Any citizen of Louisiana who meets the qualifications set forth in R.S.12
18:101 and who is a legal resident of this state, whether or not he has a place of13
abode in this state, but who is unable to appear in person to register because he is in14
the United States Service, as defined in R.S. 18:1302, may register by mail using the15
state mail voter registration form in accordance with the following provisions:16
* * *17
(3) Upon receipt of the document, the applicant shall:18
* * *19
(b) Return the document by mail , facsimile, or other means of transmission20
to the registrar.21
* * *22
C. A person who meets the qualifications set forth in R.S. 18:101(E) who is23
unable to appear in person to register because he is residing outside the United States24
may register by mail using the state mail voter registration form in accordance with25
the following provisions:26
* * *27
(3) Upon receipt of the document, the applicant shall:28
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(b) Return the document by mail , facsimile, or other means of transmission1
to the registrar.2
* * *3
§109. Notice of registration and change in registration4
After receiving from the registrar the information concerning a new registrant5
or the information concerning a change made with respect to the registration of any6
person, the Department of State promptly shall mail a notice to the appropriate7
registrar that the person is registered or that his registration has been changed. The8
registrar shall then mail a notice, postage prepaid, to each new registrant and to each9
person whose registration was changed in any manner a notice that he is registered10
or that his registration has been changed. The notice shall show the parish, ward,11
precinct, and registration address, and party affiliation of the registrant. The notice12
shall list an abbreviation of the name of the political party if the registrant is13
registered as being affiliated with a recognized political party, "other" if the14
registrant is registered as being affiliated with a political party that is not recognized,15
or "none" if the registrant is registered with no political party affiliation. However,16
the registrar shall not be required to send such a notice to any voter who has been on17
the inactive list of voters for at least two years unless the change in registration18
involves a change in the voter's address. The secretary of state shall prescribe the19
form to be used on the notice; however, "Return Service Requested" shall be printed20
on the front of the notice shall contain directions to the postmaster to "deliver only21
as addressed; otherwise return to sender; address correction requested", and the22
return address shall be that of the registrar. When a notice is returned by the23
postmaster, the registrar shall proceed in accordance with the applicable provisions24
of Part V of this Chapter.25
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§152. Required records1
* * *2
C.3
* * *4
(2)(a) Prior to each election, the registrar shall request a obtain one current5
precinct register and duplicate precinct register for each precinct in the parish where6
an election is to be held. The Department of State shall provide the registrar with7
one duplicate precinct register in electronic form. Such registers shall contain both8
the official list of voters and the inactive list of voters. Each precinct register shall9
contain information for identification of the voter at the polls, a space which the10
voter shall sign at the time he votes, a space for the initials of the commissioner at11
the polls, a space for the date of the election, and space for such other information12
as is deemed necessary.13
* * *14
§154. Records open to inspection; copying; exceptions15
* * *16
C.(1) Notwithstanding the provisions of this Section, neither the registrar nor17
the Department of State shall disclose the fact that a registered voter is entitled to18
assistance in voting or the social security number, driver's license number, day and19
month of the date of birth, mother's maiden name, or electronic mail address of a20
registered voter or circulate the fact that registered voters are entitled to assistance21
in voting or the social security numbers, driver's license numbers, day and month of22
the dates of birth, mother's maiden names, or electronic mail addresses of registered23
voters on commercial lists, except when voter registration data is transmitted to the24
office of motor vehicles of the Department of Public Safety and Corrections, for the25
purposes of verifying the accuracy and authenticity of the social security number,26
driver's license number, or full date of birth provided by the voter or when the full27
date of birth of a registered voter is transmitted to the Board of Ethics to verify the28
identity of a candidate for purposes of campaign finance reporting.29 HLS 11RS-651 ORIGINAL
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(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, the1
Board of Ethics shall not disclose the full date of birth of a registered voter2
transmitted to the board by the Department of State.3
* * *4
§427. Watchers5
* * *6
B. Powers and duties. A watcher shall be admitted within all parts of the7
polling place during the election day and the counting and tabulation of votes, and8
shall call any infraction of the law to the attention of the commissioners. A watcher9
may keep notes on the conduct of the election, but he shall not take part in the10
counting and tabulation of votes. A watcher shall not electioneer, engage in political11
discussions, or unnecessarily delay a voter at the polling place. A watcher shall be12
subject to the authority of the commissioners and shall not interfere with the13
commissioners in the performance of their duties.14
* * *15
§431. Commissioners; courses of instruction; certificates; reports; list of certified16
persons furnished by parish board of election supervisors17
A.(1)(a) At least semiannually annually the clerk of court shall conduct a18
general course of instruction for commissioners. These courses Each such course of19
instruction shall be open to the public, and the clerk shall publicize the courses each20
course in a manner reasonably calculated to encourage maximum attendance and21
participation. For informational purposes, the registrar may assist the clerk of court22
in conducting the course.23
* * *24
§435. Watchers; appointment and commission25
A. Right to have watchers. (1) Each candidate is entitled to have one26
watcher at every precinct on election day where the office he seeks is voted on in a27
primary or general election. The candidate or his authorized representative shall file28
one list of watchers on a form provided by the secretary of state or on a form which29 HLS 11RS-651 ORIGINAL
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contains the same information as required by the form provided by the secretary of1
state. When a candidate's list of watchers is filed by the candidate's authorized2
representative, a letter of authorization from the candidate shall accompany the list3
of watchers; however, in the case of a presidential election, each slate of candidates4
for presidential elector is entitled to have one watcher at every precinct. The state5
central committee of each recognized political party shall be responsible for filing6
the list of watchers for its slate of candidates for presidential elector. The list of7
watchers for an independent or other party slate of candidates for presidential elector8
shall be filed by any person so authorized by the presidential candidate supported by9
the slate of electors. A letter of authorization from the presidential candidate, or an10
authorized agent of his campaign, shall accompany the list of watchers.11
* * *12
§463. Notice of candidacy; financial disclosure; political advertising; penalties13
A.(1)(a) A notice of candidacy shall be in writing and shall state the14
candidate's name, the office he seeks, the address of his domicile, and the parish,15
ward, and precinct where he is registered to vote, and the political party, if any, with16
which he is registered as being affiliated. The candidate shall list on the notice of17
candidacy the name of the political party if he is registered as being affiliated with18
a recognized political party, "other" if he is registered as being affiliated with a19
political party that is not a recognized political party, or "no party" if he is registered20
with no political party affiliation. No candidate shall change or add his political21
party designation, for purposes of printing on the election ballot as required by R.S.22
18:551(D), after he has qualified for the election.23
* * *24
§591. Vacancy in office of elective members of state boards and commissions25
Within twenty-four hours after any member of a state board or commission26
has knowledge of a vacancy in an elective office on that state board or commission,27
he shall notify the governor by certified mail of the vacancy, the date on which it28
occurred, and the cause thereof. Within ten twenty days after he is notified of the29 HLS 11RS-651 ORIGINAL
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vacancy, the governor shall appoint a person to fill the vacancy who has the1
qualifications for the office. However, if the deadline for making the appointment2
falls on a Saturday, Sunday, or other legal holiday, then the next day which is not a3
Saturday, Sunday, or legal holiday shall be deemed to be the final day for making4
such appointment. If the unexpired term is one year or less, the member so5
appointed shall serve for the remainder thereof. If the unexpired term exceeds one6
year, the governor, within ten twenty days after he is notified of the vacancy, shall7
issue his proclamation ordering a special election to fill the vacancy, which shall8
specify, in accordance with R.S. 18:402, the dates on which the primary and general9
elections shall be held, and in accordance with R.S. 18:467, 467.1, and 468, the dates10
of the qualifying period for the candidates in the special election. However, if the11
deadline for issuing the proclamation falls on a Saturday, Sunday, or other legal12
holiday, then the next day which is not a Saturday, Sunday, or legal holiday shall be13
deemed to be the final day for issuing such proclamation. Immediately thereafter the14
governor shall publish the proclamation in the official journal of each parish in15
which the election is to be held. Within twenty-four hours after issuing the16
proclamation, the governor shall send a copy of the proclamation to the secretary of17
state who shall within twenty-four hours after receipt of the information notify all18
election officials having any duty to perform in connection with the special election19
to fill such vacancy, including the parish boards of election supervisors for the parish20
or parishes in which the vacancy occurred. The governor may appoint a person to21
fill a vacancy and issue a proclamation ordering a special election when he learns of22
a vacancy, whether or not he has received notice thereof from a state board or23
commission member. Whenever a special election is required, the governor's24
appointee shall serve only until the successor is elected and takes office.25
* * *26
§602. Vacancies in certain local and municipal offices; exceptions27
A. When a vacancy occurs in the office of a member of a parish or municipal28
governing authority or a combination thereof, a mayor, or any other local or29 HLS 11RS-651 ORIGINAL
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municipal office, except an office covered by Subsections B and C hereof of this1
Section and except the office of judge, state legislator, or marshal of a city or2
municipal court, and the office is filled by election wholly within the boundaries of3
a local governmental subdivision, the governing authority of the local governmental4
subdivision where the vacancy occurs shall, within ten twenty days, appoint a person5
to fill the vacancy who meets the qualifications of the office. However, if the6
deadline for making the appointment falls on a Saturday, Sunday, or other legal7
holiday, then the next day which is not a Saturday, Sunday, or legal holiday shall be8
deemed to be the final day for making such appointment. The presiding officer of9
the governing authority shall not be required to vote on such an appointment to be10
made by the governing authority of a local governmental subdivision unless a tie11
vote occurs thereon, in which case he shall vote to break the tie; however, in no case12
shall the presiding officer vote more than once on the appointment.13
B. When a vacancy occurs in the membership of a city or parish school14
board, the remaining members of the board shall, within ten twenty days, declare that15
the vacancy has occurred and proceed to appoint a person who meets the16
qualifications of the office to fill the vacancy. However, if the deadline for making17
the appointment falls on a Saturday, Sunday, or other legal holiday, then the next day18
which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day19
for making such appointment. For the purposes of this Subsection, in addition to the20
definition of "vacancy" provided in R.S. 18:581, a "vacancy" in a city or parish21
school board office shall be deemed to have occurred when, in the case of a city22
school board, a member's residence no longer lies within the jurisdiction of the board23
or when, in the case of a parish school board, a member changes his domicile from24
the district he represents or, if elected after reapportionment, is domiciled outside the25
district he represents at the time he is sworn into office, any declaration of retention26
of domicile to the contrary notwithstanding.27
C. When a vacancy occurs in any of the following offices, the duties of the28
office shall be assumed by the person hereinafter designated: (1) district attorney, by29 HLS 11RS-651 ORIGINAL
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the first assistant; (2) clerk of a district court, by the chief deputy; (3) coroner, by the1
chief deputy; (4) sheriff, by the chief criminal deputy, except that in a parish that has2
both a civil sheriff and a criminal sheriff, the civil sheriff by the chief civil deputy,3
and the criminal sheriff, by the chief criminal deputy, respectively; and (5) tax4
assessor, by the chief deputy assessor. If there is no such person to assume the duties5
when the vacancy occurs, the governing authority or authorities of the parish or6
parishes affected shall, within ten twenty days, appoint a person having the7
qualifications of the office to assume the duties of the office. However, if the8
deadline for making the appointment falls on a Saturday, Sunday, or other legal9
holiday, then the next day which is not a Saturday, Sunday, or legal holiday shall be10
deemed to be the final day for making such appointment.11
D. If a vacancy is not filled within the time specified in Subsections A, B,12
or C herein of this Section, the governor shall fill the vacancy.13
E.(1)(a) If the unexpired term of an office covered by Subsection A, B, or14
C above of this Section is one year or less, the person appointed to fill the vacancy15
or designated to assume the duties of the office shall serve for the remainder of the16
unexpired term.17
* * *18
(2)(a) If the unexpired term exceeds one year, the governing authority of the19
local governmental subdivision in which the vacancy occurs, or the school board20
when the vacancy occurs in its membership, or the governor when a vacancy occurs21
in the office of district attorney or in an office for which there is not a single22
governing authority or as provided in Subsection F of this Section, within ten twenty23
days after the vacancy occurs, shall issue a proclamation ordering a special election24
to fill the vacancy and shall specify in the proclamation, in accordance with R.S.25
18:402, the dates on which the primary and general elections shall be held and, in26
accordance with R.S. 18:467, 467.1, and 468, the dates of the qualifying period for27
candidates in the special election. However, if the deadline for issuing the28
proclamation falls on a Saturday, Sunday, or other legal holiday, then the next day29 HLS 11RS-651 ORIGINAL
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which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day1
for issuing such proclamation. In selecting the dates for such special elections, the2
governing authority or school board as the case may be, may choose a gubernatorial3
or congressional election date, if such date is available within a year of the4
occurrence of the vacancy or may select an election date in accordance with R.S.5
18:402. In the cases in which the governor has the authority to select the date for6
such special elections, the governor shall first choose a gubernatorial or7
congressional election date. If no such date is available within a year of the8
occurrence of the vacancy, the governor shall then select an election date in9
accordance with R.S. 18:402. If the governing authority or school board fails to10
issue the proclamation within ten twenty days after the vacancy occurs, the governor11
shall issue the proclamation.12
* * *13
(4) If the unexpired term of a parish or municipal office covered by14
Subsection A of this Section is one year or more, but the vacancy occurs within one15
year of the regular municipal regularly scheduled primary election for that office, no16
special election will be called and the appointee shall serve for the remainder of the17
term of office.18
F. Whenever multiple vacancies in a local or municipal governing authority19
or in a school board covered by Subsection A or B of this Section reduce the20
membership of such governing authority or board below the number of total21
members required to constitute a quorum to conduct official business, the remaining22
members shall immediately inform the governor of the existence of the vacancies.23
Within ten twenty days after he receives this notice, the governor shall make24
appointments to fill all the vacancies and shall issue a proclamation calling special25
elections to fill such vacancies if special elections are required under the provisions26
of this Section. However, if the deadline for making the appointment or issuing the27
proclamation, if applicable, falls on a Saturday, Sunday, or other legal holiday, then28 HLS 11RS-651 ORIGINAL
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the next day which is not a Saturday, Sunday, or legal holiday shall be deemed to be1
the final day for making such appointment or issuing such proclamation.2
* * *3
§604. Marshal of city or municipal court; temporary absence; vacancy4
* * *5
B.(1) When a vacancy occurs in the office of constable or marshal of a city6
or municipal court and the unexpired term of the office is one year or less, the chief7
deputy shall assume such duties and position and shall serve for the remainder of the8
expired term. However, in those cases where there is no such person to assume the9
duties when the vacancy occurs, the appropriate governing authority shall within ten10
twenty days appoint a person having the qualifications of the office to assume the11
duties of the office for the remainder of the unexpired term. However, if the12
deadline for making the appointment falls on a Saturday, Sunday, or other legal13
holiday, then the next day which is not a Saturday, Sunday, or legal holiday shall be14
deemed to be the final day for making such appointment. The appointment shall be15
made by the governing authority of the parish, unless the jurisdiction of the city or16
municipal court is wholly within the municipal city limits, in which case, such17
appointment shall be made within ten twenty days by the municipal governing18
authority. However, if the deadline for making the appointment falls on a Saturday,19
Sunday, or other legal holiday, then the next day which is not a Saturday, Sunday,20
or legal holiday shall be deemed to be the final day for making such appointment.21
If the appropriate governing authority fails to fill the vacancy within ten twenty days,22
the governor shall fill the vacancy. The judge of the city or municipal court which23
he serves shall fix the amount of the bond.24
(2)(a) When the unexpired term exceeds one year, the chief deputy shall25
assume such duties and position and shall serve until the successor is elected and26
takes office. If there is no such person to assume the duties when the vacancy27
occurs, the appropriate governing authority shall within ten twenty days appoint a28
person having the qualifications of the office to assume the duties of the office until29 HLS 11RS-651 ORIGINAL
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the successor is elected and takes office. However, if the deadline for making the1
appointment falls on a Saturday, Sunday, or other legal holiday, then the next day2
which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day3
for making such appointment. If the appropriate governing authority fails to fill the4
vacancy within ten twenty days, the governor shall fill the vacancy. The appropriate5
governing authority shall, within ten twenty days after the vacancy occurs, issue a6
proclamation ordering a special election to fill the vacancy and shall specify in the7
proclamation, in accordance with R.S. 18:402, the dates on which the primary and8
general elections shall be held and, in accordance with R.S. 18:467, 467.1, and 468,9
the dates of the qualifying period for candidates in the special election. However,10
if the deadline for issuing the proclamation falls on a Saturday, Sunday, or other11
legal holiday, then the next day which is not a Saturday, Sunday, or legal holiday12
shall be deemed to be the final day for issuing such proclamation. If the appropriate13
governing authority fails to issue the proclamation within ten twenty days after the14
vacancy occurs, the governor shall issue the proclamation.15
* * *16
§1259. Arrangement of ballot; designation of party candidates17
A. In any year in which presidential electors are to be elected, the secretary18
of state shall arrange the voting machine ballot in such manner that the names of19
candidates for president and vice president shall appear on the ballot in the first20
column, beginning at the top and proceeding downward. If necessary, the listing of21
the names of candidates for president and vice president may continue in the second22
and succeeding columns. The names of the presidential electors shall not appear on23
the ballot in the manner as provided for in Subsection B of this Section.24
B.(1) The ballot shall be so arranged that the names of the candidate for25
president and the candidate for vice president nominated by each recognized political26
party, by nominating petition, or by filing of notices of candidacy accompanied by27
a qualifying fee shall appear prominently together with the name of the presidential28
candidate on top and the name of the vice presidential candidate directly underneath.29 HLS 11RS-651 ORIGINAL
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(2) Directly to the left of the names of the presidential and vice presidential1
candidates shall appear:2
(a) If nominated by a recognized political party, the name of the party and3
such national party emblem, if any, or state party device, if any, as the state central4
committee of the party shall direct, and5
(b) If nominated by a nominating petition or by the filing of notices of6
candidacy, the political principal which the candidates support, as stated on the7
nominating petition or on the notices of candidacy, if any, and the words8
"Nominating Petition" or the abbreviation "Nom. Petition" shall appear if nominated9
by petition.10
(3) Immediately below the name of the party, or, if nominated by a11
nominating petition, the words "Nominating Petition" or the abbreviation "Nom.12
Petition" shall appear the word "Electors".13
(4) Immediately below the word "Electors" the names of the presidential14
electors nominated in support of the nominees for president and vice president of that15
party or political principal shall appear.16
(5) On a voting machine, there shall be a button or candidate selection button17
with which to mark the ballot opposite each pair of names. On paper ballots, there18
shall be a single box within which to mark the ballot opposite each pair of names.19
(6) (4) In preparing the ballots, the secretary of state shall arrange the names20
of the candidates of recognized political parties alphabetically, according to the21
names of the parties, followed by the names of the candidates nominated by22
nominating petitions and by the filing of notices of candidacy, listed alphabetically23
by designation of political principal.24
* * *25
§1300.13. Declaration of vacancy26
When the majority is in favor of the recall, the public officer is, ipso facto,27
recalled and removed from office, and the office shall be vacated upon receipt by the28
secretary of state of certified returns from all of the parish boards of election29 HLS 11RS-651 ORIGINAL
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supervisors within the jurisdiction expiration of the time period for contesting the1
recall election set forth in R.S. 18:1405(H) if an action contesting the recall election2
is not commenced timely or when the final judgment becomes definitive if an action3
contesting the recall election is commenced timely, and the office shall be filled as4
in the case of ordinary vacancies and according to the constitution and laws of the5
state. A public officer who has been recalled and removed from office shall not be6
appointed to succeed himself in the office from which he was recalled and removed.7
* * *8
§1307. Application by mail9
* * *10
B.11
* * *12
(2) Except as provided in Subsections C and D of this Section and R.S.13
18:1333(D)(2) 18:1333(D)(1), an application must be received by the registrar not14
earlier than sixty days or later than 4:30 p.m. on the fourth day prior to the election15
for which it is requested, and the date received shall be noted thereon. However, if16
the deadline falls on a Saturday, Sunday, or other legal holiday, then the next day17
which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day18
of the deadline.19
* * *20
H. If the applicant is eligible to vote absentee by mail pursuant to21
R.S. 18:1303(H), his application, if such application meets the requirements of this22
Section, shall remain valid as long as the applicant is a program participant in the23
Department of State Address Confidentiality Program pursuant to Part III of Chapter24
1 of Title 44 of the Louisiana Revised Statutes of 1950. When the applicant ceases25
participation in the program, the Department of State shall notify the registrar of the26
parish where the applicant is registered to vote that the applicant is no longer a27
participant in the program. Upon receipt of the notification from the Department of28
State, the registrar shall send notice by forwardable mail to the applicant that his29 HLS 11RS-651 ORIGINAL
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application will no longer be valid, and the applicant shall be required to submit a1
new application to the registrar that meets the requirements of this Section and2
provide a current address before the applicant will be eligible to vote absentee by3
mail again pursuant to this Section.4
I. If the registrar of voters has reason to believe that the eligibility of a voter5
to vote absentee by mail pursuant to R.S. 18:1303(I) is based upon false or fraudulent6
information, he shall immediately notify the parish board of election supervisors.7
If, after appropriate hearing and opportunity for the voter to be heard, the parish8
board of election supervisors finds that the voter's eligibility to vote absentee by mail9
was based upon false or fraudulent information, the board shall inform the10
appropriate district attorney and the registrar of voters who shall not allow the voter11
to vote absentee by mail pursuant to R.S. 18:1303(I).12
* * *13
§1309.1. Notice of preparation Preparation of machines for early voting;14
examination by candidate or his representative; sealing machines15
A. Prior to the conduct of early voting At the time of qualifying, the parish16
custodian shall notify each candidate of to contact the registrar of voters for the time17
and place at which the voting machines will be prepared for early voting. The notice18
shall state the time and place at which he will begin preparation of the machines for19
sealing and that the The candidate or his representative may be present to observe the20
preparation of the machines for by the registrar of voters with the assistance of the21
secretary of state's technicians and to observe the testing and sealing of the machines22
by the parish custodian registrar of voters in the presence of the parish board of23
election supervisors. Each candidate or his representative shall be afforded a24
reasonable opportunity to inspect and test vote the machines view the test vote tape25
for each machine to see that they are in the proper condition for use in the election,26
which opportunity shall not be less than thirty minutes beginning at the time27
designated by the parish custodian registrar of voters to begin preparation of the28
machines for sealing. However, no candidate, representative, or citizen shall29 HLS 11RS-651 ORIGINAL
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interfere with the registrar of voters, secretary of state's technicians, parish custodian1
board of election supervisors, or any employee or technician or assume any of their2
duties.3
B. Each candidate or representative shall identify to the registrar of voters4
the candidate whom he is representing. In addition, any citizen of this state may be5
present to observe the preparation, testing, and sealing of the machines by the parish6
custodian registrar of voters and shall be afforded an opportunity to inspect the7
machines test vote tape for each machine to see that they are in proper condition for8
use for early voting.9
C. After the machines have been examined by each candidate, or10
representative, or citizen who is present, the parish board of election supervisors11
shall generate a zero tally to ensure that the voting machine's public counter is set at12
zero and that no votes have been cast for any candidate or for or against any13
proposition. The parish custodian registrar of voters shall then seal the voting14
machine.15
* * *16
§1314. Absentee by mail and early voting commissioners17
* * *18
B. Selection for primary election. (1) The parish board of election19
supervisors shall determine the number of absentee by mail and early voting20
commissioners necessary to count the absentee by mail and early voting ballots in21
the parish. The parish board of election supervisors shall select a minimum22
maximum of three six such commissioners. If the parish board of election23
supervisors determines that the number of absentee by mail and early voting24
commissioners should be increased to more than six such commissioners, the parish25
board shall make a request to the secretary of state for the additional absentee by26
mail and early voting commissioners. If the secretary of state or his designee27
determines that there is a need for the additional absentee by mail and early voting28 HLS 11RS-651 ORIGINAL
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commissioners, the parish board shall select the additional absentee by mail and1
early voting commissioners.2
* * *3
C. Selection for general election. (1)4
* * *5
(b) If it determines that the number cannot be reduced or should be6
increased, those persons who served as absentee by mail and early voting7
commissioners and alternate absentee by mail and early voting commissioners for8
the parish in the primary election shall serve in the general election, unless replaced9
or disqualified in the manner provided by law for commissioners and alternate10
commissioners. The number of absentee by mail and early voting commissioners for11
a general election shall not be less than three. If the parish board of election12
supervisors determines that the number of absentee by mail and early voting13
commissioners should be increased to more than the number of such commissioners14
who served in the primary election, the parish board shall make a request to the15
secretary of state for the additional absentee by mail and early voting commissioners.16
If the secretary of state or his designee determines that there is a need for the17
additional absentee by mail and early voting commissioners, the parish board shall18
select the additional absentee by mail and early voting commissioners.19
* * *20
(3) If the parish board determines and the secretary of state or his designee21
determine that the number of absentee by mail and early voting commissioners22
should be increased, the parish board shall meet at 10:00 a.m. on the fifth day before23
a general election and shall select the additional absentee by mail and early voting24
commissioners and alternate absentee by mail and early voting commissioners to25
serve in the general election for that parish from the list of certified commissioners26
who have not been chosen to serve in the general election as a commissioner-in-27
charge, commissioner, or, if applicable, absentee by mail and early voting28
commissioner in the manner provided by law for the selection of commissioners and29 HLS 11RS-651 ORIGINAL
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alternate commissioners. If there are not enough certified commissioners to select1
the appropriate number of absentee by mail and early voting commissioners and2
alternate absentee by mail and early voting commissioners, the board of election3
supervisors may select a qualified elector of the parish to serve; however, no such4
elector shall serve as an absentee by mail and early voting commissioner if a5
certified commissioner has been selected as an alternate absentee by mail and early6
voting commissioner.7
D. Selection for provisional ballot counting for a primary or general election.8
* * *9
(2) Upon approval by the secretary of state or his designee, the parish board10
of election supervisors shall appoint the approved number of absentee by mail and11
early voting commissioners for assistance to the board in counting and tabulating the12
provisional ballots.13
* * *14
§1352. Use of voting machines throughout state; exception for failure of voting15
equipment, absentee by mail and early voting16
A. Voting machines shall be used throughout this state in all elections;17
however, nothing.18
B. Notwithstanding the provisions of Subsection A of this Section, paper19
ballots may be used when voting machines fail.20
C. Nothing in this Chapter shall prohibit absentee by mail and early voting21
as otherwise provided in this Title.22
* * *23
§1401. Objections to candidacy, contests of elections, contests of certification of24
recall petition; parties authorized to institute actions25
* * *26
F. A public officer who alleges that, except for substantial irregularities or27
error, or except for fraud or other unlawful activities in the conduct of the election,28
he would not have been recalled may bring an action contesting the election.29 HLS 11RS-651 ORIGINAL
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§1402. Proper parties1
* * *2
C. The secretary of state, in his official capacity, shall be made a party3
defendant to any action contesting an election for public office or an election for the4
recall of a public officer. The secretary of state, in his official capacity, shall be5
made defendant to any action objecting to the calling of a special election. The6
secretary of state, in his official capacity, shall be made a party defendant to any7
action contesting the certification of a recall petition. When named as a defendant8
in an action contesting an election, costs of court shall not be assessed against the9
secretary of state. When named as a defendant in an action contesting the10
certification of a recall petition, costs of court shall not be assessed against the11
secretary of state.12
* * *13
§1404. Venue14
* * *15
E. An action contesting an election for the recall of a public officer shall be16
instituted in the district court for a parish included in whole or in part in the voting17
area wherein the recall election is held; however if the public officer recalled is a18
statewide elected official, an action contesting the election shall be instituted in the19
district court for the parish where the state capitol is situated.20
§1405. Time for commencement of action21
* * *22
H. An action contesting any election involving the recall of a public officer23
shall be instituted on or before 4:30 p.m. of the ninth day after the date of the24
election.25
§1406. Petition; answer; notification26
* * *27
B. The petition shall set forth in specific detail the facts upon which the28
objection or contest is based. If the action contests an election involving election to29 HLS 11RS-651 ORIGINAL
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office, the petition shall allege that except for substantial irregularities or error, fraud,1
or other unlawful activities in the conduct of the election, the petitioner would have2
qualified for a general election or would have been elected. If the action contests an3
election involving the recall of a public officer, the petition shall allege that except4
for substantial irregularities or error, fraud, or other unlawful activities in the conduct5
of the election, the petitioner would not have been recalled. The trial judge may6
allow the filing of amended pleadings for good cause shown and in the interest of7
justice.8
* * *9
§1415. Discovery prior to filing a suit contesting an election10
* * *11
B. Provided an action contesting an election involving the recall of a public12
officer has not been filed pursuant to R.S. 18:1405(H), the recalled public officer13
may conduct limited discovery as provided herein during the period of time after the14
close of the polls on election day and prior to the expiration of time to file a suit15
contesting such election.16
C. Such discovery may be conducted only after execution of an affidavit by17
a poll watcher, commissioner, or any other election official that he has personal18
knowledge of an irregularity in the election and only after such affidavit has been19
filed with a court of competent jurisdiction. The nature of the irregularity shall be20
specified in the affidavit. The clerk of court shall immediately notify the secretary21
of state by telephone and by written notice when such affidavit has been filed, and22
shall notify the opponents of the candidate of the filing of the affidavit. The clerk23
shall also supply a copy of the affidavit to each opponent of the candidate.24
C. D. Discovery shall be limited to the taking of the deposition of any25
election official, including his employees, having responsibilities regarding the26
conduct of such election and the inspection and copying of documents and other27
records in the custody and control of any such election official, but shall not include28
access to voting machines prior to the date such machines are opened in accordance29 HLS 11RS-651 ORIGINAL
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with R.S. 18:573. The deposition of a statewide elected official or his employee1
shall be conducted at the office of such official.2
D. E. Upon the request of the candidate or recalled public officer, after the3
filing of the affidavit as provided in Subsection B of this Section, the clerk of any4
district court shall issue subpoenas and subpoenas duces tecum in aid of the taking5
of depositions and the production of documentary evidence for inspection or6
copying, or both.7
E. F. The authority for a candidate or recalled public officer to conduct8
discovery under the provisions of this Section shall cease when an action contesting9
such election is filed pursuant to R.S. 18:1405(B) or (H).10
F. G. A candidate or recalled public officer who conducts limited discovery11
as provided in this Section shall be responsible for all reasonable costs associated12
with such discovery.13
* * *14
§1431. Fraudulent or illegal votes; uncounted votes; determination of election result15
When the court finds that one or more of the votes cast in a contested election16
are illegal or fraudulent, the judge shall subtract such vote or votes from the total17
votes cast for the candidate who received them if the contest involves election to18
office, or from the total vote for or against a proposition, if the contest is of an19
election upon a proposition, or from the total vote for or against the recall of a public20
officer if the contest involves an election for the recall of a public officer. If the21
court determines that legal votes cast in the election were excluded in the total votes22
cast on a candidate, or proposition, or recall, then these excluded legal votes shall be23
added to the total votes on the candidate, or the proposition, or recall to which they24
are attributable. Thereafter, and after considering all the evidence, the court shall25
determine the result of the election.26
§1432. Remedies27
A.(1) If the trial judge in an action contesting an election determines that:28
(1) (a) it is impossible to determine the result of election, or (2) (b) the number of29 HLS 11RS-651 ORIGINAL
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qualified voters who were denied the right to vote by the election officials was1
sufficient to change the result in the election, if they had been allowed to vote, or (3)2
(c) the number of unqualified voters who were allowed to vote by the election3
officials was sufficient to change the result of the election if they had not been4
allowed to vote, or (4) (d) a combination of the factors referred to in (2) (b) and (3)5
(c) in this Subsection Paragraph would have been sufficient to change the result had6
they not occurred, the judge may render a final judgment declaring the election void7
and ordering a new primary or general election for all the candidates, or, if the judge8
determines that the appropriate remedy is the calling of a restricted election, the9
judge may render a final judgment ordering a restricted election, specifying the date10
of the election, the appropriate candidates for the election, the office or other position11
for which the election shall be held, and indicating which voters will be eligible to12
vote.13
(2) If the trial judge in an action contesting an election for the recall of a14
public officer determines that: (a) it is impossible to determine the result of election,15
or (b) the number of qualified voters who were denied the right to vote by the16
election officials was sufficient to change the result in the election, if they had been17
allowed to vote, or (c) the number of unqualified voters who were allowed to vote18
by the election officials was sufficient to change the result of the election if they had19
not been allowed to vote, or (d) a combination of the factors referred to in (b) and (c)20
in this Paragraph would have been sufficient to change the result had they not21
occurred, the judge may render a final judgment declaring the election void and22
ordering a new recall election, or, if the judge determines that the appropriate remedy23
is the calling of a restricted election, the judge may render a final judgment ordering24
a restricted election, specifying the date of the election, and indicating which voters25
will be eligible to vote.26
* * *27 HLS 11RS-651 ORIGINAL
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§1433. Revote in precincts where voting machine malfunctions if result cannot be1
otherwise ascertained2
A. Notwithstanding the provisions of R.S. 18:1432, if a discrepancy3
sufficient to change the result of the election between the total votes cast at an4
election and the votes counted for the candidates in the election or for or against the5
recall of a public officer occurs as a result of a voting machine malfunction, and an6
accurate count of the votes cast on the malfunctioning machine cannot be determined7
by the offering of circumstantial evidence or any other evidence, the court shall order8
a revote in the precinct where the voting machine malfunctioned, which shall be9
limited to those persons listed on the poll list as having cast their ballots in person10
at the polls in the election in which the machine malfunctioned.11
B. Notwithstanding the provisions of R.S. 18:1432, if a discrepancy12
sufficient to change the result of the election between the total votes cast at an13
election and the votes counted for the candidates in the election or for or against the14
recall of a public officer occurs as a result of the malfunction of a voting machine15
used for early voting, and an accurate count of the votes cast on the malfunctioning16
machine cannot be determined by the offering of circumstantial evidence or any17
other evidence, the court shall order a revote of electronic early voting ballots in the18
parish where the voting machine used for early voting malfunctioned, which shall19
be limited to those persons who voted during early voting in the election.20
* * *21
Section 2. R.S. 18:1284(F)(1) and (2) and 1299.1 are hereby amended and reenacted22
to read as follows:23
§1284. Resolution calling election; proposition24
* * *25
F.(1) The preparation of the statement of the proposition to be submitted to26
the voters at an election shall be the responsibility of the governing authority of the27
political subdivision ordering the election. The statement of the proposition shall28
also include a simple and unbiased concise summary in easily understood language29 HLS 11RS-651 ORIGINAL
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which sets forth the substance of the proposition include the information required by1
this Section in simple, unbiased, concise, and easily understood language and be in2
the form of a question. The statement of the proposition, including the summary,3
shall not exceed four two hundred words in length. Such summary shall be placed4
at the beginning of the statement of the proposition.5
(2) The secretary of state shall be responsible for ensuring that the statement6
of the proposition contains the summary as provided in Paragraph (1) of this7
Subsection complies with the requirements of this Section.8
* * *9
§1299.1. Statement of question Question or proposition to be voted on; statement10
length11
A. The preparation of the statement of any a question or proposition to be12
submitted to the voters at an election shall be the responsibility of the governing13
authority or other entity calling the election or submitting the question or14
proposition. The statement of the proposition shall also include a simple and15
unbiased concise summary in easily understood language which sets forth the16
substance of the proposition be comprised of simple, unbiased, concise, and easily17
understood language and be in the form of a question. The statement of the18
proposition, including the summary, shall not exceed four two hundred words in19
length. Such summary shall be placed at the beginning of the statement of the20
proposition.21
B. The secretary of state shall be responsible for ensuring that the statement22
of the proposition contains the summary as provided in Subsection A complies with23
the requirements of this Section.24
Section 3. R.S. 18:1259(D) is hereby repealed in its entirety.25
Section 4.(A) This Section and Sections 1 and 3 of this Act shall become effective26
upon signature of this Act by the governor or, if not signed by the governor, upon expiration27
of the time for bills to become law without signature by the governor, as provided by Article28
III, Section 18 of the Constitution of Louisiana. If this Act is vetoed by the governor and29 HLS 11RS-651 ORIGINAL
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subsequently approved by the legislature, this Section and Sections 1 and 3 of this Act shall1
become effective on the day following such approval.2
(B) Section 2 of this Act shall become effective on January 1, 2012.3
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)]
Gallot HB No. 533
Abstract: Revises the system of laws comprising the La. Election Code.
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. Otherwise retains present law.
Present law (R.S. 18:152) provides that prior to each election, the registrar shall "request"
a current precinct register and duplicate precinct register for each precinct in the parish
where an election is to be held. Proposed law requires the registrar to "obtain" one current
copy of the precinct register and repeals the requirement for a hard copy duplicate precinct
register. Provides that the Dept. of State will provide the registrar with a duplicate precinct
register in electronic form instead.
Present law (R.S. 18:154) prohibits the registrar and the Dept. of State from disclosing
certain voter information, including the day and month of the date of birth of a voter.
Proposed law retains present law, but provides an exception for transmitting the full date of
birth of a voter to the Board of Ethics to verify the identity of a candidate for purposes of
campaign finance reporting.
Present law (R.S. 18:431) requires the clerk of court to conduct a general course of
instruction for commissioners at least semiannually. Proposed law changes this requirement
to provide that the course of instruction be conducted at least annually instead of
semiannually.
Present law (R.S. 18:427 and 435) provides for poll watchers. Provides for qualifications,
powers, duties, appointment, and commission of watchers. Provides that each candidate is
entitled to have one watcher at every precinct where the office he seeks is voted on in a
primary or general election. Provides that a watcher shall be admitted within all parts of the
polling place during the election and the counting and tabulation of votes, and shall call any
infraction of the law to the attention of the commissioners. Proposed law specifies that
watcher's responsibilities are limited to election day voting. Otherwise retains present law.
Present law (R.S. 18:463) requires a candidate to file a notice of candidacy. Requires that
certain information be in the notice, including the political party, if any, with which the
candidate is registered as being affiliated. Proposed law requires the candidate to list on the
notice of candidacy the name of the political party if he is registered as being affiliated with
a recognized political party, "other" if he is registered as being affiliated with a political
party that is not a recognized political party, or "no party" if he is registered with no political
party affiliation. Otherwise retains present law. HLS 11RS-651 ORIGINAL
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Present law (R.S. 18:109) requires the registrar to mail a notice of registration to a person
who has sent information to the registrar concerning a new registration or change in
registration. Requires that the notice contain certain information, including the party
affiliation of the registrant. Proposed law requires the notice to contain an abbreviation of
the name of the political party if the registrant is registered as being affiliated with a
recognized political party, "other" if the registrant is registered as being affiliated with a
political party that is not recognized, or "none" if the registrant is registered with no political
party affiliation.
Present law (R.S. 18:591, 602, and 604) provides a 10-day deadline for making an
appointment to fill a vacancy in the offices of elective members of state boards and
commissions and certain local and municipal offices. Provides a 10-day deadline for issuing
a proclamation calling a special election for certain offices. Proposed law extends the
deadlines to 20 days.
Present law (R.S. 18:602) provides for vacancies in the office of a member of a parish or
municipal governing authority or a combination thereof, a mayor, or any other local or
municipal office, except member of a city or parish school board, district attorney, clerk of
a district court, coroner, sheriff, tax assessor, judge, state legislator, or marshal of a city or
municipal court, and the office is filled by election wholly within the boundaries of a local
governmental subdivision. Provides that if the unexpired term of such a municipal office
is one year or more, but the vacancy occurs within one year of the regular municipal primary
election for that office, no special election will be called and the appointee shall serve for
the remainder of the term of office. Proposed law applies provisions of present law relative
to the holding of a special election based on the timing of the regular primary election to
parish offices covered by present law. Otherwise retains present law.
Present law (R.S. 19:1284 and 1299.1) provides relative to bond, debt, and tax elections and
other elections where a proposition or question is put to the voters. Provides requirements
for a statement of a proposition to be submitted to the voters. Provides that the statement
is the responsibility of the governing authority, political subdivision, or other entity calling
the election. Requires certain information to be included, including a simple, unbiased, and
concise summary of the proposition. Provides that the statement of the proposition shall not
exceed 400 words. Provides that the secretary of state is responsible for ensuring that the
statement of the proposition contains a summary as required by present law.
Proposed law repeals references to a "statement of a proposition" and applies requirements
to the proposition itself. Provides that the proposition shall not exceed 200 words, instead
of 400. Requires the proposition to be stated in the form of a question. Provides that the
secretary of state shall ensure that the proposition complies with proposed law. Otherwise
retains present law.
Present law (R.S. 44:52 et seq.) provides for the Dept. of State Address Confidentiality
Program. Provides for the confidentiality of the physical addresses of program participants
who are victims of abuse, sexual assault, or stalking.
Present law (R.S. 18:1303) provides eligibility requirements for voting absentee by mail.
Provides that a program participant in the Address Confidentiality Program is eligible to vote
absentee by mail. Present law (R.S. 18:1308) provides procedures and requirements for
applying to vote absentee by mail. Requires the submission within certain deadlines of an
application containing certain required information.
Proposed law (R.S. 18:1307) retains present law. Additionally provides that if a person
applying to vote absentee by mail is a program participant in the Address Confidentiality
Program pursuant to present law his application, if it meets the requirements of present law,
shall remain valid as long as the applicant is a program participant in the Address
Confidentiality Program. Provides that when the applicant ceases participation in the
program, the registrar shall send notice by forwardable mail to the applicant that his HLS 11RS-651 ORIGINAL
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application will no longer be valid, and the applicant shall be required to submit a new
application to the registrar that meets the requirements of present law and provide a current
address before the applicant will be eligible to vote absentee by mail again.
Present law (R.S. 18:1309.1) requires the parish custodian, prior to the conduct of absentee
voting, to provide notice to each candidate of the time and place at which the voting
machines will be sealed for absentee voting in person; that each candidate or his
representative may be present to observe the preparation of the machines; and that each
candidate or his representative will have the opportunity to inspect and test vote the
machines to see that they are in proper condition for the election. Provides that the notice
shall state the time and place at which the parish custodian of voting machines will begin
preparation of the machines for sealing and provides that the reasonable opportunity to
inspect the machines shall not be less than 30 minutes beginning at the time designated by
the parish custodian to begin preparation of the machines for sealing. Prohibits a candidate,
his representative, or citizen from interfering with the registrar of voters, parish custodian,
or any employee or technician or assuming any of their duties.
Proposed law requires each candidate to be notified at the time of qualifying instead of prior
to the conduct of early voting. Provides that a candidate shall be notified to contact the
registrar of voters concerning the time and place at which the voting machines will be
prepared. Repeals provisions requiring the notice to contain the time and place for sealing.
Provides that machines are prepared, tested, and sealed by the registrar in the presence of the
parish board of election supervisors. Provides that a candidate may view the test vote tape
for each machine instead of actually inspecting and testing the machines.
Present law (R.S. 18:1314) provides relative to absentee by mail and early voting
commissioners. Provides for qualifications and selection. Provides that the parish board of
election supervisors shall determine the number of absentee by mail and early voting
commissioners necessary for an election. Requires the board to select at least three
commissioners for the primary or first party primary election. Allows the board to increase
or decrease the number of absentee by mail and early voting commissioners for a second
party primary or general election.
Proposed law repeals the minimum number of absentee by mail and early voting
commissioners that must be selected and provides for a maximum of six such
commissioners. Requires approval of the secretary of state or his designee if the board seeks
to use more than six absentee by mail and early voting commissioners for an election.
Requires approval of the secretary of state or his designee to increase the number of
commissioners to be used at the second party primary or general election. Provides that a
designee of the secretary of state may approve the number of absentee by mail and early
voting commissioners used to count and tabulate provisional ballots. Otherwise retains
present law.
Present law (R.S. 18:1352) provides that voting machines shall be used throughout the state
in all elections, provided that nothing in present law prohibits absentee by mail and early
voting. Proposed law provides that paper ballots may be used when voting machines fail.
Otherwise retains present law.
Present law provides procedures and time limits for contesting elections. Proposed law
(R.S. 18:1401 and 1402) retains present law and additionally provides procedures and time
limits for contesting recall elections. Provides that a public officer who alleges that, except
for substantial irregularities or error, or except for fraud or other unlawful activities in the
conduct of the election, he would not have been recalled may bring an action contesting the
election. Provides that the secretary of state, in his official capacity, shall be made a party
defendant to any action contesting an election for the recall of a public officer.
Proposed law (R.S. 18:1404, 1405, 1406, 1415) provides that an action contesting an
election for the recall of a public officer shall be instituted in the district court for a parish HLS 11RS-651 ORIGINAL
HB NO. 533
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
included in whole or in part in the voting area wherein the recall election is held; however
if the public officer recalled is a statewide elected official, an action contesting the election
shall be instituted in the district court for the parish where the state capitol is situated.
Provides that an action contesting an election involving the recall of a public officer shall
be instituted on or before 4:30 p.m. of the ninth day after the date of the election. Requires
the petition in such an action to contain allegations that except for substantial irregularities
or error, fraud, or other unlawful activities in the conduct of the election, the petitioner
would not have been recalled. Provides further that if an action contesting an election
involving the recall of a public officer has not been filed, the recalled public officer may
conduct limited discovery as provided pursuant to present law during the period of time after
the close of the polls on election day and prior to the expiration of time to file a suit
contesting such election.
Present law (R.S. 18:1431) provides that when the court finds that one or more of the votes
cast in a contested election are illegal or fraudulent, the judge shall subtract such vote or
votes from the total votes cast for the candidate who received them if the contest involves
election to office, or from the total vote for or against a proposition, if the contest is of an
election upon a proposition. Provides that if the court determines that legal votes cast in the
election were excluded in the total votes cast on a candidate or proposition, then these
excluded legal votes shall be added to the total votes on the candidate or the proposition to
which they are attributable. Provides that thereafter, and after considering all the evidence,
the court shall determine the result of the election. Proposed law applies present law to votes
cast in a recall election.
Present law (R.S. 18:1432) provides if the trial judge in an action contesting an election
determines that: (1) it is impossible to determine the result of election, or (2) the number of
qualified voters who were denied the right to vote by the election officials was sufficient to
change the result in the election, if they had been allowed to vote, or (3) the number of
unqualified voters who were allowed to vote by the election officials was sufficient to
change the result of the election if they had not been allowed to vote, or (4) a combination
of the factors referred to in (2) and (3) would have been sufficient to change the result had
they not occurred, the judge may render a final judgment declaring the election void and
ordering a new primary or general election for all the candidates, or, if the judge determines
that the appropriate remedy is the calling of a restricted election, the judge may render a final
judgment ordering a restricted election, specifying the date of the election, the appropriate
candidates for the election, the office or other position for which the election shall be held,
and indicating which voters will be eligible to vote. Proposed law applies present law to
actions contesting recall elections.
Present law (R.S. 18:1433) provides for a revote at a precinct when a discrepancy sufficient
to change the result of the election is caused because of a voting machine malfunction.
Proposed law applies present law to recall elections.
Present law (R.S. 18:1300.13) provides that when a majority votes in favor of the recall, the
public officer is, ipso facto, recalled and removed from office, and the office shall be vacated
upon receipt by the secretary of state of certified returns from all of the parish boards of
election supervisors within the jurisdiction. Proposed law provides instead that the office
shall be vacated upon expiration of the time period for contesting the recall election set forth
in proposed law if an action contesting the recall election is not commenced timely or when
the final judgment becomes definitive if an action contesting the recall election is
commenced timely.
Present law (R.S. 18:1259) provides for the arrangement of the ballot in elections for
presidential electors. Includes the names of the presidential electors on the ballot. Proposed
law provides that the names of the presidential electors shall not be on the ballot.
Proposed law makes various technical changes. HLS 11RS-651 ORIGINAL
HB NO. 533
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Effective upon signature of governor or lapse of time for gubernatorial action, except that
provisions of proposed law relative to propositions submitted to voters become effective
Jan. 1, 2012.
(Amends R.S. 18:103(B)(3)(b) and (C)(3)(b), 109, 152(C)(2)(a), 154(C), 427(B),
431(A)(1)(a), 435(A)(1), 463(A)(1)(a), 591, 602(A), (B), (C), (D), (E)(1)(a), (2)(a), and (4),
and (F), 604(B)(1) and (2)(a), 1259(A) and (B), 1284(F)(1) and (2), 1299.1, 1300.13,
1307(B)(2) and (H), 1309.1, 1314(B)(1), (C)(1)(b) and (3), and (D)(2), 1352, 1402(C),
1406(B), 1415(B), (C), (D), (E), and (F), 1431, 1432(A), and 1433(A) and (B); Adds R.S.
18:1307(I), 1401(F), 1404(E), 1405(H), and 1415(G); Repeals R.S. 18:1259(D))