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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), 551(D), 591, 602(A), (B), (C), (D),3
(E)(1)(a), (2)(a), and (4), and (F), 604(B)(1) and (2)(a), 1284(F)(1) and (2), 1299.1,4
1300.13, 1306(E)(2), 1307(B)(2) and (H), 1308(A)(1)(a), 1308.1(A), 1309.1,5
1314(B)(1), (C)(1)(b) and (3), and (D)(2), 1352, 1402(C), 1406(B), 1415(B), (C),6
(D), (E), and (F), 1431, 1432(A), and 1433(A) and (B) and to enact R.S. 18:1307(I),7
1401(F), 1404(E), 1405(H), and 1415(G), relative to the Louisiana Election Code;8
to revise the system of laws comprising the Louisiana Election Code; to provide for9
the return of voter registration materials to the registrar of voters; to provide for the10
content of notices of registration; to provide relative to precinct registers used by the11
registrar of voters; to provide relative to disclosure of voter information; to provide12
relative to watchers; to provide relative to courses of instruction for commissioners;13
to 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 relative to propositions submitted to voters at certain elections;18
to provide relative to recall elections; to provide relative to applying to vote absentee19
by mail; to provide relative to the designation of political party affiliation of20 HLS 11RS-651 REENGROSSED
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candidates on the ballot; to provide relative to procedures and requirements for1
voting absentee by mail; to provide relative to absentee by mail ballots; to provide2
relative to the preparation of voting machines; to provide relative to absentee by mail3
and early voting commissioners; to provide for the use of paper ballots; to provide4
for effectiveness; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 18:103(B)(3)(b) and (C)(3)(b), 109, 152(C)(2)(a), 154(C), 427(B),7
431(A)(1)(a), 435(A)(1), 463(A)(1)(a), 591, 602(A), (B), (C), (D), (E)(1)(a), (2)(a), and (4),8
and (F), 604(B)(1) and (2)(a), 1300.13, 1306(E)(2), 1307(B)(2) and (H), 1308(A)(1)(a),9
1308.1(A), 1309.1, 1314(B)(1), (C)(1)(b) and (3), and (D)(2), 1352, 1402(C), 1406(B),10
1415(B), (C), (D), (E), and (F), 1431, 1432(A), and 1433(A) and (B) are hereby amended11
and reenacted and R.S. 18:1307(I), 1401(F), 1404(E), 1405(H), and 1415(G) are hereby12
enacted to read as follows:13
§103. Personal appearance of applicant required; exceptions14
* * *15
B. Any citizen of Louisiana who meets the qualifications set forth in R.S.16
18:101 and who is a legal resident of this state, whether or not he has a place of17
abode in this state, but who is unable to appear in person to register because he is in18
the United States Service, as defined in R.S. 18:1302, may register by mail using the19
state mail voter registration form in accordance with the following provisions:20
* * *21
(3) Upon receipt of the document, the applicant shall:22
* * *23
(b) Return the document by mail , facsimile, or other means of transmission24
to the registrar.25
* * *26
C. A person who meets the qualifications set forth in R.S. 18:101(E) who is27
unable to appear in person to register because he is residing outside the United States28 HLS 11RS-651 REENGROSSED
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may register by mail using the state mail voter registration form in accordance with1
the following provisions:2
* * *3
(3) Upon receipt of the document, the applicant shall:4
* * *5
(b) Return the document by mail , facsimile, or other means of transmission6
to the registrar.7
* * *8
§109. Notice of registration and change in registration9
After receiving from the registrar the information concerning a new registrant10
or the information concerning a change made with respect to the registration of any11
person, the Department of State promptly shall mail a notice to the appropriate12
registrar that the person is registered or that his registration has been changed. The13
registrar shall then mail a notice, postage prepaid, to each new registrant and to each14
person whose registration was changed in any manner a notice that he is registered15
or that his registration has been changed. The notice shall show the parish, ward,16
precinct, and registration address, and party affiliation of the registrant. The notice17
shall list an abbreviation of the name of the political party if the registrant is18
registered as being affiliated with a recognized political party, "other" if the19
registrant is registered as being affiliated with a political party that is not recognized,20
or "none" if the registrant is registered with no political party affiliation. However,21
the registrar shall not be required to send such a notice to any voter who has been on22
the inactive list of voters for at least two years unless the change in registration23
involves a change in the voter's address. The secretary of state shall prescribe the24
form to be used on the notice; however, "Return Service Requested" shall be printed25
on the front of the notice shall contain directions to the postmaster to "deliver only26
as addressed; otherwise return to sender; address correction requested", and the27
return address shall be that of the registrar. When a notice is returned by the28 HLS 11RS-651 REENGROSSED
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postmaster, the registrar shall proceed in accordance with the applicable provisions1
of Part V of this Chapter.2
* * *3
§152. Required records4
* * *5
C.6
* * *7
(2)(a) Prior to each election, the registrar shall request a obtain one current8
precinct register and duplicate precinct register for each precinct in the parish where9
an election is to be held. The Department of State shall provide the registrar with10
one duplicate precinct register in electronic form. Such registers shall contain both11
the official list of voters and the inactive list of voters. Each precinct register shall12
contain information for identification of the voter at the polls, a space which the13
voter shall sign at the time he votes, a space for the initials of the commissioner at14
the polls, a space for the date of the election, and space for such other information15
as is deemed necessary.16
* * *17
§154. Records open to inspection; copying; exceptions18
* * *19
C.(1) Notwithstanding the provisions of this Section, neither the registrar nor20
the Department of State shall disclose the fact that a registered voter is entitled to21
assistance in voting or the social security number, driver's license number, day and22
month of the date of birth, mother's maiden name, or electronic mail address of a23
registered voter or circulate the fact that registered voters are entitled to assistance24
in voting or the social security numbers, driver's license numbers, day and month of25
the dates of birth, mother's maiden names, or electronic mail addresses of registered26
voters on commercial lists, except when voter registration data is transmitted to the27
office of motor vehicles of the Department of Public Safety and Corrections, for the28
purposes of verifying the accuracy and authenticity of the social security number,29 HLS 11RS-651 REENGROSSED
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driver's license number, or full date of birth provided by the voter or when the full1
date of birth of a registered voter is transmitted to the Board of Ethics to verify the2
identity of a candidate for purposes of campaign finance reporting.3
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, the4
Board of Ethics shall not disclose the full date of birth of a registered voter5
transmitted to the board by the Department of State.6
* * *7
§427. Watchers8
* * *9
B. Powers and duties. A watcher shall be admitted within all parts of the10
polling place during the election day and the counting and tabulation of votes, and11
shall call any infraction of the law to the attention of the commissioners. A watcher12
may keep notes on the conduct of the election, but he shall not take part in the13
counting and tabulation of votes. A watcher shall not electioneer, engage in political14
discussions, or unnecessarily delay a voter at the polling place. A watcher shall be15
subject to the authority of the commissioners and shall not interfere with the16
commissioners in the performance of their duties.17
* * *18
§431. Commissioners; courses of instruction; certificates; reports; list of certified19
persons furnished by parish board of election supervisors20
A.(1)(a) At least semiannually annually the clerk of court shall conduct a21
general course of instruction for commissioners. These courses Each such course of22
instruction shall be open to the public, and the clerk shall publicize the courses each23
course in a manner reasonably calculated to encourage maximum attendance and24
participation. For informational purposes, the registrar may assist the clerk of court25
in conducting the course.26
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§435. Watchers; appointment and commission1
A. Right to have watchers. (1) Each candidate is entitled to have one2
watcher at every precinct on election day where the office he seeks is voted on in a3
primary or general election. The candidate or his authorized representative shall file4
one list of watchers on a form provided by the secretary of state or on a form which5
contains the same information as required by the form provided by the secretary of6
state. When a candidate's list of watchers is filed by the candidate's authorized7
representative, a letter of authorization from the candidate shall accompany the list8
of watchers; however, in the case of a presidential election, each slate of candidates9
for presidential elector is entitled to have one watcher at every precinct. The state10
central committee of each recognized political party shall be responsible for filing11
the list of watchers for its slate of candidates for presidential elector. The list of12
watchers for an independent or other party slate of candidates for presidential elector13
shall be filed by any person so authorized by the presidential candidate supported by14
the slate of electors. A letter of authorization from the presidential candidate, or an15
authorized agent of his campaign, shall accompany the list of watchers.16
* * *17
§463. Notice of candidacy; financial disclosure; political advertising; penalties18
A.(1)(a) A notice of candidacy shall be in writing and shall state the19
candidate's name, the office he seeks, the address of his domicile, and the parish,20
ward, and precinct where he is registered to vote, and the political party, if any, with21
which he is registered as being affiliated. The candidate shall list on the notice of22
candidacy the name of the political party if he is registered as being affiliated with23
a recognized political party, "other" if he is registered as being affiliated with a24
political party that is not a recognized political party, or "no party" if he is registered25
with no political party affiliation. No candidate shall change or add his political26
party designation, for purposes of printing on the election ballot as required by R.S.27
18:551(D), after he has qualified for the election.28
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§591. Vacancy in office of elective members of state boards and commissions1
Within twenty-four hours after any member of a state board or commission2
has knowledge of a vacancy in an elective office on that state board or commission,3
he shall notify the governor by certified mail of the vacancy, the date on which it4
occurred, and the cause thereof. Within ten twenty days after he is notified of the5
vacancy, the governor shall appoint a person to fill the vacancy who has the6
qualifications for the office. However, if the deadline for making the appointment7
falls on a Saturday, Sunday, or other legal holiday, then the next day which is not a8
Saturday, Sunday, or legal holiday shall be deemed to be the final day for making9
such appointment. If the unexpired term is one year or less, the member so10
appointed shall serve for the remainder thereof. If the unexpired term exceeds one11
year, the governor, within ten twenty days after he is notified of the vacancy, shall12
issue his proclamation ordering a special election to fill the vacancy, which shall13
specify, in accordance with R.S. 18:402, the dates on which the primary and general14
elections shall be held, and in accordance with R.S. 18:467, 467.1, and 468, the dates15
of the qualifying period for the candidates in the special election. However, if the16
deadline for issuing the proclamation falls on a Saturday, Sunday, or other legal17
holiday, then the next day which is not a Saturday, Sunday, or legal holiday shall be18
deemed to be the final day for issuing such proclamation. Immediately thereafter the19
governor shall publish the proclamation in the official journal of each parish in20
which the election is to be held. Within twenty-four hours after issuing the21
proclamation, the governor shall send a copy of the proclamation to the secretary of22
state who shall within twenty-four hours after receipt of the information notify all23
election officials having any duty to perform in connection with the special election24
to fill such vacancy, including the parish boards of election supervisors for the parish25
or parishes in which the vacancy occurred. The governor may appoint a person to26
fill a vacancy and issue a proclamation ordering a special election when he learns of27
a vacancy, whether or not he has received notice thereof from a state board or28 HLS 11RS-651 REENGROSSED
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commission member. Whenever a special election is required, the governor's1
appointee shall serve only until the successor is elected and takes office.2
* * *3
§602. Vacancies in certain local and municipal offices; exceptions4
A. When a vacancy occurs in the office of a member of a parish or municipal5
governing authority or a combination thereof, a mayor, or any other local or6
municipal office, except an office covered by Subsections B and C hereof of this7
Section and except the office of judge, state legislator, or marshal of a city or8
municipal court, and the office is filled by election wholly within the boundaries of9
a local governmental subdivision, the governing authority of the local governmental10
subdivision where the vacancy occurs shall, within ten twenty days, appoint a person11
to fill the vacancy who meets the qualifications of the office. 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 presiding officer of15
the governing authority shall not be required to vote on such an appointment to be16
made by the governing authority of a local governmental subdivision unless a tie17
vote occurs thereon, in which case he shall vote to break the tie; however, in no case18
shall the presiding officer vote more than once on the appointment.19
B. When a vacancy occurs in the membership of a city or parish school20
board, the remaining members of the board shall, within ten twenty days, declare that21
the vacancy has occurred and proceed to appoint a person who meets the22
qualifications of the office to fill the vacancy. However, if the deadline for making23
the appointment falls on a Saturday, Sunday, or other legal holiday, then the next day24
which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day25
for making such appointment. For the purposes of this Subsection, in addition to the26
definition of "vacancy" provided in R.S. 18:581, a "vacancy" in a city or parish27
school board office shall be deemed to have occurred when, in the case of a city28
school board, a member's residence no longer lies within the jurisdiction of the board29 HLS 11RS-651 REENGROSSED
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or when, in the case of a parish school board, a member changes his domicile from1
the district he represents or, if elected after reapportionment, is domiciled outside the2
district he represents at the time he is sworn into office, any declaration of retention3
of domicile to the contrary notwithstanding.4
C. When a vacancy occurs in any of the following offices, the duties of the5
office shall be assumed by the person hereinafter designated: (1) district attorney, by6
the first assistant; (2) clerk of a district court, by the chief deputy; (3) coroner, by the7
chief deputy; (4) sheriff, by the chief criminal deputy, except that in a parish that has8
both a civil sheriff and a criminal sheriff, the civil sheriff by the chief civil deputy,9
and the criminal sheriff, by the chief criminal deputy, respectively; and (5) tax10
assessor, by the chief deputy assessor. If there is no such person to assume the duties11
when the vacancy occurs, the governing authority or authorities of the parish or12
parishes affected shall, within ten twenty days, appoint a person having the13
qualifications of the office to assume the duties of the office. However, if the14
deadline for making the appointment falls on a Saturday, Sunday, or other legal15
holiday, then the next day which is not a Saturday, Sunday, or legal holiday shall be16
deemed to be the final day for making such appointment.17
D. If a vacancy is not filled within the time specified in Subsections A, B,18
or C herein of this Section, the governor shall fill the vacancy.19
E.(1)(a) If the unexpired term of an office covered by Subsection A, B, or20
C above of this Section is one year or less, the person appointed to fill the vacancy21
or designated to assume the duties of the office shall serve for the remainder of the22
unexpired term.23
* * *24
(2)(a) If the unexpired term exceeds one year, the governing authority of the25
local governmental subdivision in which the vacancy occurs, or the school board26
when the vacancy occurs in its membership, or the governor when a vacancy occurs27
in the office of district attorney or in an office for which there is not a single28
governing authority or as provided in Subsection F of this Section, within ten twenty29 HLS 11RS-651 REENGROSSED
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days after the vacancy occurs, shall issue a proclamation ordering a special election1
to fill the vacancy and shall specify in the proclamation, in accordance with R.S.2
18:402, the dates on which the primary and general elections shall be held and, in3
accordance with R.S. 18:467, 467.1, and 468, the dates of the qualifying period for4
candidates in the special election. However, if the deadline for issuing the5
proclamation falls on a Saturday, Sunday, or other legal holiday, then the next day6
which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day7
for issuing such proclamation. In selecting the dates for such special elections, the8
governing authority or school board as the case may be, may choose a gubernatorial9
or congressional election date, if such date is available within a year of the10
occurrence of the vacancy or may select an election date in accordance with R.S.11
18:402. In the cases in which the governor has the authority to select the date for12
such special elections, the governor shall first choose a gubernatorial or13
congressional election date. If no such date is available within a year of the14
occurrence of the vacancy, the governor shall then select an election date in15
accordance with R.S. 18:402. If the governing authority or school board fails to16
issue the proclamation within ten twenty days after the vacancy occurs, the governor17
shall issue the proclamation.18
* * *19
(4) If the unexpired term of a parish or municipal office covered by20
Subsection A of this Section is one year or more, but the vacancy occurs within one21
year of the regular municipal regularly scheduled primary election for that office, no22
special election will be called and the appointee shall serve for the remainder of the23
term of office.24
F. Whenever multiple vacancies in a local or municipal governing authority25
or in a school board covered by Subsection A or B of this Section reduce the26
membership of such governing authority or board below the number of total27
members required to constitute a quorum to conduct official business, the remaining28
members shall immediately inform the governor of the existence of the vacancies.29 HLS 11RS-651 REENGROSSED
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Within ten twenty days after he receives this notice, the governor shall make1
appointments to fill all the vacancies and shall issue a proclamation calling special2
elections to fill such vacancies if special elections are required under the provisions3
of this Section. However, if the deadline for making the appointment or issuing the4
proclamation, if applicable, falls on a Saturday, Sunday, or other legal holiday, then5
the next day which is not a Saturday, Sunday, or legal holiday shall be deemed to be6
the final day for making such appointment or issuing such proclamation.7
* * *8
§604. Marshal of city or municipal court; temporary absence; vacancy9
* * *10
B.(1) When a vacancy occurs in the office of constable or marshal of a city11
or municipal court and the unexpired term of the office is one year or less, the chief12
deputy shall assume such duties and position and shall serve for the remainder of the13
expired term. However, in those cases where there is no such person to assume the14
duties when the vacancy occurs, the appropriate governing authority shall within ten15
twenty days appoint a person having the qualifications of the office to assume the16
duties of the office for the remainder of the unexpired term. However, if the17
deadline for making the appointment falls on a Saturday, Sunday, or other legal18
holiday, then the next day which is not a Saturday, Sunday, or legal holiday shall be19
deemed to be the final day for making such appointment. The appointment shall be20
made by the governing authority of the parish, unless the jurisdiction of the city or21
municipal court is wholly within the municipal city limits, in which case, such22
appointment shall be made within ten twenty days by the municipal governing23
authority. However, if the deadline for making the appointment falls on a Saturday,24
Sunday, or other legal holiday, then the next day which is not a Saturday, Sunday,25
or legal holiday shall be deemed to be the final day for making such appointment.26
If the appropriate governing authority fails to fill the vacancy within ten twenty days,27
the governor shall fill the vacancy. The judge of the city or municipal court which28
he serves shall fix the amount of the bond.29 HLS 11RS-651 REENGROSSED
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(2)(a) When the unexpired term exceeds one year, the chief deputy shall1
assume such duties and position and shall serve until the successor is elected and2
takes office. If there is no such person to assume the duties when the vacancy3
occurs, the appropriate governing authority shall within ten twenty days appoint a4
person having the qualifications of the office to assume the duties of the office until5
the successor is elected and takes office. However, if the deadline for making the6
appointment falls on a Saturday, Sunday, or other legal holiday, then the next day7
which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day8
for making such appointment. If the appropriate governing authority fails to fill the9
vacancy within ten twenty days, the governor shall fill the vacancy. The appropriate10
governing authority shall, within ten twenty days after the vacancy occurs, issue a11
proclamation ordering a special election to fill the vacancy and shall specify in the12
proclamation, in accordance with R.S. 18:402, the dates on which the primary and13
general elections shall be held and, in accordance with R.S. 18:467, 467.1, and 468,14
the dates of the qualifying period for candidates in the special election. However,15
if the deadline for issuing the proclamation falls on a Saturday, Sunday, or other16
legal holiday, then the next day which is not a Saturday, Sunday, or legal holiday17
shall be deemed to be the final day for issuing such proclamation. If the appropriate18
governing authority fails to issue the proclamation within ten twenty days after the19
vacancy occurs, the governor shall issue the proclamation.20
* * *21
§1300.13. Declaration of vacancy22
When the majority is in favor of the recall, the public officer is, ipso facto,23
recalled and removed from office, and the office shall be vacated upon receipt by the24
secretary of state of certified returns from all of the parish boards of election25
supervisors within the jurisdiction expiration of the time period for contesting the26
recall election set forth in R.S. 18:1405(H) if an action contesting the recall election27
is not commenced timely or when the final judgment becomes definitive if an action28
contesting the recall election is commenced timely, and the office shall be filled as29 HLS 11RS-651 REENGROSSED
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in the case of ordinary vacancies and according to the constitution and laws of the1
state. A public officer who has been recalled and removed from office shall not be2
appointed to succeed himself in the office from which he was recalled and removed.3
* * *4
§1306. Preparation and distribution of absentee by mail and early voting ballots5
* * *6
E.7
* * *8
(2) An absentee by mail or early voting ballot envelope flap shall also9
contain lines for the handwritten signature of two witnesses. The voter may sign the10
certificate in the presence of two witnesses, or one witness if the voter is voting11
absentee by mail as authorized by R.S. 18:1303(F), or (I), or (J), and in such a case,12
the voter shall not be required to obtain the signature of a notary public, but his13
certificate shall be made under penalty of perjury for providing false or fraudulent14
information. Above the perforation and along the seal line, the words "DO NOT15
DETACH FLAP" shall be printed.16
* * *17
§1307. Application by mail18
* * *19
B.20
* * *21
(2) Except as provided in Subsections C and D of this Section and R.S.22
18:1333(D)(2) 18:1333(D)(1), an application must be received by the registrar not23
earlier than sixty days or later than 4:30 p.m. on the fourth day prior to the election24
for which it is requested, and the date received shall be noted thereon. However, if25
the deadline falls on a Saturday, Sunday, or other legal holiday, then the next day26
which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day27
of the deadline.28
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H. If the applicant is eligible to vote absentee by mail pursuant to1
R.S. 18:1303(H), his application, if such application meets the requirements of this2
Section, shall remain valid as long as the applicant is a program participant in the3
Department of State Address Confidentiality Program pursuant to Part III of Chapter4
1 of Title 44 of the Louisiana Revised Statutes of 1950. When the applicant ceases5
participation in the program, the Department of State shall notify the registrar of the6
parish where the applicant is registered to vote that the applicant is no longer a7
participant in the program. Upon receipt of the notification from the Department of8
State, the registrar shall send notice by forwardable mail to the applicant that his9
application will no longer be valid, and the applicant shall be required to submit a10
new application to the registrar that meets the requirements of this Section and11
provide a current address before the applicant will be eligible to vote absentee by12
mail again pursuant to this Section.13
I. If the registrar of voters has reason to believe that the eligibility of a voter14
to vote absentee by mail pursuant to R.S. 18:1303(I) is based upon false or fraudulent15
information, he shall immediately notify the parish board of election supervisors.16
If, after appropriate hearing and opportunity for the voter to be heard, the parish17
board of election supervisors finds that the voter's eligibility to vote absentee by mail18
was based upon false or fraudulent information, the board shall inform the19
appropriate district attorney and the registrar of voters who shall not allow the voter20
to vote absentee by mail pursuant to R.S. 18:1303(I).21
* * *22
§1308. Absentee voting by mail23
A.(1)(a) Beginning with the date on which the registrar receives the absentee24
by mail ballots and other necessary paraphernalia from the secretary of state, and25
thereafter, immediately upon receipt of an application by mail, the registrar shall26
mail the necessary instructions, certificates, ballots, and envelopes to the applicant27
at the address furnished by the applicant. The registrar shall detach the perforated28 HLS 11RS-651 REENGROSSED
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slip from the absentee by mail ballot before mailing it to the voter and shall retain1
the slip in the records of his office for six months.2
* * *3
§1308.1. Absentee voting by person serving on sequestered jury4
A. Immediately upon receipt of an application, the registrar shall5
deliver the necessary instructions, certificates, ballots, and envelopes to the6
officer of the court in charge of the sequestered jury on which the applicant7
is serving, at the address furnished by the applicant. The registrar shall8
detach the perforated slip from each absentee ballot before delivering it to the9
officer, shall retain the slip from each absentee ballot before delivering it to10
the officer, and shall retain the slip in the records of his office for six months.11
Each envelope delivered to the officer shall contain two envelopes, one of12
which shall be the ballot envelope and the other shall be a return envelope13
bearing the official title and mailing address of the registrar and the name,14
return address, and precinct or district number of the voter. This latter15
envelope shall be used by each voter to return his ballot.16
* * *17
§1309.1. Notice of preparation Preparation of machines for early voting;18
examination by candidate or his representative; sealing machines19
A. Prior to the conduct of early voting At the time of qualifying, the parish20
custodian shall notify each candidate of to contact the registrar of voters for the time21
and place at which the voting machines will be prepared for early voting. The notice22
shall state the time and place at which he will begin preparation of the machines for23
sealing and that the The candidate or his representative may be present to observe the24
preparation of the machines for by the registrar of voters with the assistance of the25
secretary of state's technicians and to observe the testing and sealing of the machines26
by the parish custodian registrar of voters in the presence of the parish board of27
election supervisors. Each candidate or his representative shall be afforded a28
reasonable opportunity to inspect and test vote the machines view the test vote tape29 HLS 11RS-651 REENGROSSED
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for each machine to see that they are in the proper condition for use in the election,1
which opportunity shall not be less than thirty minutes beginning at the time2
designated by the parish custodian registrar of voters to begin preparation of the3
machines for sealing. However, no candidate, representative, or citizen shall4
interfere with the registrar of voters, secretary of state's technicians, parish custodian5
board of election supervisors, or any employee or technician or assume any of their6
duties.7
B. Each candidate or representative shall identify to the registrar of voters8
the candidate whom he is representing. In addition, any citizen of this state may be9
present to observe the preparation, testing, and sealing of the machines by the parish10
custodian registrar of voters and shall be afforded an opportunity to inspect the11
machines test vote tape for each machine to see that they are in proper condition for12
use for early voting.13
C. After the machines have been examined by each candidate, or14
representative, or citizen who is present, the parish board of election supervisors15
shall generate a zero tally to ensure that the voting machine's public counter is set at16
zero and that no votes have been cast for any candidate or for or against any17
proposition. The parish custodian registrar of voters shall then seal the voting18
machine.19
* * *20
§1314. Absentee by mail and early voting commissioners21
* * *22
B. Selection for primary election. (1) The parish board of election23
supervisors shall determine the number of absentee by mail and early voting24
commissioners necessary to count the absentee by mail and early voting ballots in25
the parish. The parish board of election supervisors shall select a minimum26
maximum of three six such commissioners. If the parish board of election27
supervisors determines that the number of absentee by mail and early voting28
commissioners should be increased to more than six such commissioners, the parish29 HLS 11RS-651 REENGROSSED
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board shall make a request to the secretary of state for the additional absentee by1
mail and early voting commissioners. If the secretary of state or his designee2
determines that there is a need for the additional absentee by mail and early voting3
commissioners, the parish board shall select the additional absentee by mail and4
early voting commissioners.5
* * *6
C. Selection for general election. (1)7
* * *8
(b) If it determines that the number cannot be reduced or should be9
increased, those persons who served as absentee by mail and early voting10
commissioners and alternate absentee by mail and early voting commissioners for11
the parish in the primary election shall serve in the general election, unless replaced12
or disqualified in the manner provided by law for commissioners and alternate13
commissioners. The number of absentee by mail and early voting commissioners for14
a general election shall not be less than three. If the parish board of election15
supervisors determines that the number of absentee by mail and early voting16
commissioners should be increased to more than the number of such commissioners17
who served in the primary election, the parish board shall make a request to the18
secretary of state for the additional absentee by mail and early voting commissioners.19
If the secretary of state or his designee determines that there is a need for the20
additional absentee by mail and early voting commissioners, the parish board shall21
select the additional absentee by mail and early voting commissioners.22
* * *23
(3) If the parish board determines and the secretary of state or his designee24
determine that the number of absentee by mail and early voting commissioners25
should be increased, the parish board shall meet at 10:00 a.m. on the fifth day before26
a general election and shall select the additional absentee by mail and early voting27
commissioners and alternate absentee by mail and early voting commissioners to28
serve in the general election for that parish from the list of certified commissioners29 HLS 11RS-651 REENGROSSED
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who have not been chosen to serve in the general election as a commissioner-in-1
charge, commissioner, or, if applicable, absentee by mail and early voting2
commissioner in the manner provided by law for the selection of commissioners and3
alternate commissioners. If there are not enough certified commissioners to select4
the appropriate number of absentee by mail and early voting commissioners and5
alternate absentee by mail and early voting commissioners, the board of election6
supervisors may select a qualified elector of the parish to serve; however, no such7
elector shall serve as an absentee by mail and early voting commissioner if a8
certified commissioner has been selected as an alternate absentee by mail and early9
voting commissioner.10
D. Selection for provisional ballot counting for a primary or general election.11
* * *12
(2) Upon approval by the secretary of state or his designee, the parish board13
of election supervisors shall appoint the approved number of absentee by mail and14
early voting commissioners for assistance to the board in counting and tabulating the15
provisional ballots.16
* * *17
§1352. Use of voting machines throughout state; exception for failure of voting18
equipment, absentee by mail and early voting19
A. Voting machines shall be used throughout this state in all elections;20
however, nothing.21
B. Notwithstanding the provisions of Subsection A of this Section, paper22
ballots may be used when voting machines fail.23
C. Nothing in this Chapter shall prohibit absentee by mail and early voting24
as otherwise provided in this Title.25
* * *26
§1401. Objections to candidacy, contests of elections, contests of certification of27
recall petition; parties authorized to institute actions28
* * *29 HLS 11RS-651 REENGROSSED
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F. A public officer who alleges that, except for substantial irregularities or1
error, or except for fraud or other unlawful activities in the conduct of the election,2
he would not have been recalled may bring an action contesting the election.3
§1402. Proper parties4
* * *5
C. The secretary of state, in his official capacity, shall be made a party6
defendant to any action contesting an election for public office or an election for the7
recall of a public officer. The secretary of state, in his official capacity, shall be8
made defendant to any action objecting to the calling of a special election. The9
secretary of state, in his official capacity, shall be made a party defendant to any10
action contesting the certification of a recall petition. When named as a defendant11
in an action contesting an election, costs of court shall not be assessed against the12
secretary of state. When named as a defendant in an action contesting the13
certification of a recall petition, costs of court shall not be assessed against the14
secretary of state.15
* * *16
§1404. Venue17
* * *18
E. An action contesting an election for the recall of a public officer shall be19
instituted in the district court for a parish included in whole or in part in the voting20
area wherein the recall election is held; however if the public officer recalled is a21
statewide elected official, an action contesting the election shall be instituted in the22
district court for the parish where the state capitol is situated.23
§1405. Time for commencement of action24
* * *25
H. An action contesting any election involving the recall of a public officer26
shall be instituted on or before 4:30 p.m. of the ninth day after the date of the27
election.28 HLS 11RS-651 REENGROSSED
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§1406. Petition; answer; notification1
* * *2
B. The petition shall set forth in specific detail the facts upon which the3
objection or contest is based. If the action contests an election involving election to4
office, the petition shall allege that except for substantial irregularities or error, fraud,5
or other unlawful activities in the conduct of the election, the petitioner would have6
qualified for a general election or would have been elected. If the action contests an7
election involving the recall of a public officer, the petition shall allege that except8
for substantial irregularities or error, fraud, or other unlawful activities in the conduct9
of the election, the petitioner would not have been recalled. The trial judge may10
allow the filing of amended pleadings for good cause shown and in the interest of11
justice.12
* * *13
§1415. Discovery prior to filing a suit contesting an election14
* * *15
B. Provided an action contesting an election involving the recall of a public16
officer has not been filed pursuant to R.S. 18:1405(H), the recalled public officer17
may conduct limited discovery as provided herein during the period of time after the18
close of the polls on election day and prior to the expiration of time to file a suit19
contesting such election.20
C. Such discovery may be conducted only after execution of an affidavit by21
a poll watcher, commissioner, or any other election official that he has personal22
knowledge of an irregularity in the election and only after such affidavit has been23
filed with a court of competent jurisdiction. The nature of the irregularity shall be24
specified in the affidavit. The clerk of court shall immediately notify the secretary25
of state by telephone and by written notice when such affidavit has been filed, and26
shall notify the opponents of the candidate of the filing of the affidavit. The clerk27
shall also supply a copy of the affidavit to each opponent of the candidate.28 HLS 11RS-651 REENGROSSED
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C. D. Discovery shall be limited to the taking of the deposition of any1
election official, including his employees, having responsibilities regarding the2
conduct of such election and the inspection and copying of documents and other3
records in the custody and control of any such election official, but shall not include4
access to voting machines prior to the date such machines are opened in accordance5
with R.S. 18:573. The deposition of a statewide elected official or his employee6
shall be conducted at the office of such official.7
D. E. Upon the request of the candidate or recalled public officer, after the8
filing of the affidavit as provided in Subsection B C of this Section, the clerk of any9
district court shall issue subpoenas and subpoenas duces tecum in aid of the taking10
of depositions and the production of documentary evidence for inspection or11
copying, or both.12
E. F. The authority for a candidate or recalled public officer to conduct13
discovery under the provisions of this Section shall cease when an action contesting14
such election is filed pursuant to R.S. 18:1405(B) or (H).15
F. G. A candidate or recalled public officer who conducts limited discovery16
as provided in this Section shall be responsible for all reasonable costs associated17
with such discovery.18
* * *19
§1431. Fraudulent or illegal votes; uncounted votes; determination of election result20
When the court finds that one or more of the votes cast in a contested election21
are illegal or fraudulent, the judge shall subtract such vote or votes from the total22
votes cast for the candidate who received them if the contest involves election to23
office, or from the total vote for or against a proposition, if the contest is of an24
election upon a proposition, or from the total vote for or against the recall of a public25
officer if the contest involves an election for the recall of a public officer. If the26
court determines that legal votes cast in the election were excluded in the total votes27
cast on a candidate, or proposition, or recall, then these excluded legal votes shall be28
added to the total votes on the candidate, or the proposition, or recall to which they29 HLS 11RS-651 REENGROSSED
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are attributable. Thereafter, and after considering all the evidence, the court shall1
determine the result of the election.2
§1432. Remedies3
A.(1) If the trial judge in an action contesting an election determines that:4
(1) (a) it is impossible to determine the result of election, or (2) (b) the number of5
qualified voters who were denied the right to vote by the election officials was6
sufficient to change the result in the election, if they had been allowed to vote, or (3)7
(c) the number of unqualified voters who were allowed to vote by the election8
officials was sufficient to change the result of the election if they had not been9
allowed to vote, or (4) (d) a combination of the factors referred to in (2) (b) and (3)10
(c) in this Subsection Paragraph would have been sufficient to change the result had11
they not occurred, the judge may render a final judgment declaring the election void12
and ordering a new primary or general election for all the candidates, or, if the judge13
determines that the appropriate remedy is the calling of a restricted election, the14
judge may render a final judgment ordering a restricted election, specifying the date15
of the election, the appropriate candidates for the election, the office or other position16
for which the election shall be held, and indicating which voters will be eligible to17
vote.18
(2) If the trial judge in an action contesting an election for the recall of a19
public officer determines that: (a) it is impossible to determine the result of election,20
or (b) the number of qualified voters who were denied the right to vote by the21
election officials was sufficient to change the result in the election, if they had been22
allowed to vote, or (c) the number of unqualified voters who were allowed to vote23
by the election officials was sufficient to change the result of the election if they had24
not been allowed to vote, or (d) a combination of the factors referred to in (b) and (c)25
in this Paragraph would have been sufficient to change the result had they not26
occurred, the judge may render a final judgment declaring the election void and27
ordering a new recall election, or, if the judge determines that the appropriate remedy28
is the calling of a restricted election, the judge may render a final judgment ordering29 HLS 11RS-651 REENGROSSED
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a restricted election, specifying the date of the election, and indicating which voters1
will be eligible to vote.2
* * *3
§1433. Revote in precincts where voting machine malfunctions if result cannot be4
otherwise ascertained5
A. Notwithstanding the provisions of R.S. 18:1432, if a discrepancy6
sufficient to change the result of the election between the total votes cast at an7
election and the votes counted for the candidates in the election or for or against the8
recall of a public officer occurs as a result of a voting machine malfunction, and an9
accurate count of the votes cast on the malfunctioning machine cannot be determined10
by the offering of circumstantial evidence or any other evidence, the court shall order11
a revote in the precinct where the voting machine malfunctioned, which shall be12
limited to those persons listed on the poll list as having cast their ballots in person13
at the polls in the election in which the machine malfunctioned.14
B. Notwithstanding the provisions of R.S. 18:1432, if a discrepancy15
sufficient to change the result of the election between the total votes cast at an16
election and the votes counted for the candidates in the election or for or against the17
recall of a public officer occurs as a result of the malfunction of a voting machine18
used for early voting, and an accurate count of the votes cast on the malfunctioning19
machine cannot be determined by the offering of circumstantial evidence or any20
other evidence, the court shall order a revote of electronic early voting ballots in the21
parish where the voting machine used for early voting malfunctioned, which shall22
be limited to those persons who voted during early voting in the election.23
* * *24
Section 2. R.S. 18:463(A)(1)(a), 551(D), 1284(F)(1) and (2), and 1299.1 are hereby25
amended and reenacted to read as follows:26
§463. Notice of candidacy; financial disclosure; political advertising; penalties27
A.(1)(a) A notice of candidacy shall be in writing and shall state the28
candidate's name, the office he seeks, the address of his domicile, and the parish,29 HLS 11RS-651 REENGROSSED
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ward, and precinct where he is registered to vote. The candidate shall list on the1
notice of candidacy the name of the political party if he is registered as being2
affiliated with a recognized political party, "other" if he is registered as being3
affiliated with a political party that is not a recognized political party, or "no party"4
"independent" if he is registered with no political party affiliation. No candidate5
shall change or add his political party designation, for purposes of printing on the6
election ballot as required by R.S. 18:551(D), after he has qualified for the election.7
* * *8
§551. Ballots9
* * *10
D. Political party designation. The political party designation of a candidate11
who is registered as being affiliated with a recognized political party shall be listed12
on the primary or general election ballot on the same line and immediately after or13
below the candidate's name. If a candidate is affiliated with a political party, but14
such party is not a recognized political party, the space after his name shall be left15
blank. If a candidate is not affiliated with any political party, the words "no party"16
word "independent" or an abbreviation thereof shall be placed after his name. The17
secretary of state shall promulgate and adopt rules as necessary to effectuate the18
provisions and purposes of this Subsection.19
* * *20
§1284. Resolution calling election; proposition21
* * *22
F.(1) The preparation of the statement of the proposition to be submitted to23
the voters at an election shall be the responsibility of the governing authority of the24
political subdivision ordering the election. The statement of the proposition shall25
also include a simple and unbiased concise summary in easily understood language26
which sets forth the substance of the proposition include the information required by27
this Section in simple, unbiased, concise, and easily understood language and be in28
the form of a question. The statement of the proposition, including the summary,29 HLS 11RS-651 REENGROSSED
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shall not exceed four two hundred words in length. Such summary shall be placed1
at the beginning of the statement of the proposition.2
(2) The secretary of state shall be responsible for ensuring that the statement3
of the proposition contains the summary as provided in Paragraph (1) of this4
Subsection complies with the requirements of this Section.5
* * *6
§1299.1. Statement of question Question or proposition to be voted on; statement7
length8
A. The preparation of the statement of any a question or proposition to be9
submitted to the voters at an election shall be the responsibility of the governing10
authority or other entity calling the election or submitting the question or11
proposition. The statement of the proposition shall also include a simple and12
unbiased concise summary in easily understood language which sets forth the13
substance of the proposition be comprised of simple, unbiased, concise, and easily14
understood language and be in the form of a question. The statement of the15
proposition, including the summary, shall not exceed four two hundred words in16
length. Such summary shall be placed at the beginning of the statement of the17
proposition.18
B. The secretary of state shall be responsible for ensuring that the statement19
of the proposition contains the summary as provided in Subsection A complies with20
the requirements of this Section.21
Section 3.(A) This Section and Section 1 of this Act shall become effective upon22
signature of this Act by the governor or, if not signed by the governor, upon expiration of23
the time for bills to become law without signature by the governor, as provided by Article24
III, Section 18 of the Constitution of Louisiana. If this Act is vetoed by the governor and25
subsequently approved by the legislature, this Section and Section 1 of this Act shall become26
effective on the day following such approval.27
(B) Section 2 of this Act shall become effective on January 1, 2012.28 HLS 11RS-651 REENGROSSED
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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 shall 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 "independent" if he is registered with no
political party affiliation. Otherwise retains present law.
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 HLS 11RS-651 REENGROSSED
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political party that is not recognized, or "none" if the registrant is registered with no political
party affiliation.
Present law (R.S. 18:551) provides requirements for ballots. Provides that the political party
designation of a candidate who is registered as being affiliated with a recognized political
party shall be listed on the primary or general election ballot on the same line and
immediately after or below the candidate's name. Provides that if a candidate is affiliated
with a political party, but such party is not a recognized political party, the space after his
name shall be left blank. Proposed law retains present law.
Present law provides that if a candidate is not affiliated with any political party, the words
"no party" or an abbreviation thereof shall be placed after his name. Proposed law provides
that "independent" instead of "no party" shall be placed on the ballot for a candidate who is
not affiliated with any political party.
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 both
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. HLS 11RS-651 REENGROSSED
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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
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. 18:1306) additionally allows persons who are 65 years old or older to vote
absentee by mail.
Present law (R.S. 18:1306) provides procedures and requirements for voting absentee by
mail. Requires a voter to execute a certificate stating that his statements are true and correct
and that he 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
allows persons who are 65 years old or older to sign the certificate in the presence of one
witness, instead of two witnesses. Otherwise retains present law.
Present law (R.S. 18:1308 and 1308.1) requires the registrar to detach a perforated slip from
an absentee by mail ballot before mailing or delivering the ballot and to retain the slip in his
records for six months. Proposed law repeals present law.
Present law (R.S. 18:1309.1) requires the parish custodian, prior to the conduct of early
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 HLS 11RS-651 REENGROSSED
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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
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, HLS 11RS-651 REENGROSSED
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are additions.
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.
Proposed law makes various technical changes.
Effective upon signature of governor or lapse of time for gubernatorial action, except that
provisions of proposed law relative to propositions submitted to voters and to candidates
who are not affiliated with any political party 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), 551(D), 591, 602(A), (B), (C), (D), (E)(1)(a), (2)(a),
and (4), and (F), 604(B)(1) and (2)(a), 1284(F)(1) and (2), 1299.1, 1300.13, 1306(E)(2),
1307(B)(2) and (H), 1308(A)(1)(a), 1308.1(A), 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))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original bill.
1. Adds provisions to allow absentee by mail voters who are 65 or older to execute
the required ballot certificate in the presence of one witness instead of two
witnesses.
2. Removes provisions in present law relative to perforated slips on absentee by
mail ballots.
3. Adds provisions requiring a candidate to list "independent" on a notice of
candidacy instead of "no party" if he is not affiliated with any political party.
4. Adds provisions requiring "independent" to be listed on the ballot instead of "no
party" in connection with a candidate who is not affiliated with any political
party.
5. Makes technical changes.
House Floor Amendments to the engrossed bill.
1. Removes provisions in proposed law relative to the arrangement of the ballot in
elections for presidential elector.
2. Makes technical changes.