ENROLLED
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Regular Session, 2011
HOUSE BILL NO. 533
BY REPRESENTATIVE GALLOT AND SENATOR JACKSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact R.S. 18:103(B)(3)(b) and (C)(3)(b), 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
candidates on the ballot; to provide relative to procedures and requirements for21
voting absentee by mail; to provide relative to absentee by mail ballots; to provide22
relative to the preparation of voting machines; to provide relative to absentee by mail23 ENROLLEDHB NO. 533
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and early voting commissioners; to provide for the use of paper ballots; to provide1
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), 1300.13, 1306(E)(2), 1307(B)(2) and (H), 1308(A)(1)(a),6
1308.1(A), 1309.1, 1314(B)(1), (C)(1)(b) and (3), and (D)(2), 1352, 1402(C), 1406(B),7
1415(B), (C), (D), (E), and (F), 1431, 1432(A), and 1433(A) and (B) are hereby amended8
and reenacted and R.S. 18:1307(I), 1401(F), 1404(E), 1405(H), and 1415(G) are hereby9
enacted to read as follows:10
§103. Personal appearance of applicant required; exceptions11
* * *12
B. Any citizen of Louisiana who meets the qualifications set forth in R.S.13
18:101 and who is a legal resident of this state, whether or not he has a place of14
abode in this state, but who is unable to appear in person to register because he is in15
the United States Service, as defined in R.S. 18:1302, may register by mail using the16
state mail voter registration form in accordance with the following provisions:17
* * *18
(3) Upon receipt of the document, the applicant shall:19
* * *20
(b) Return the document by mail , facsimile, or other means of transmission21
to the registrar.22
* * *23
C. A person who meets the qualifications set forth in R.S. 18:101(E) who is24
unable to appear in person to register because he is residing outside the United States25
may register by mail using the state mail voter registration form in accordance with26
the following provisions:27
* * *28
(3) Upon receipt of the document, the applicant shall:29
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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
* * *26
§152. Required records27
* * *28
C.29
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(2)(a) Prior to each election, the registrar shall request a obtain one current1
precinct register and duplicate precinct register for each precinct in the parish where2
an election is to be held. The Department of State shall provide the registrar with3
one duplicate precinct register in electronic form. Such registers shall contain both4
the official list of voters and the inactive list of voters. Each precinct register shall5
contain information for identification of the voter at the polls, a space which the6
voter shall sign at the time he votes, a space for the initials of the commissioner at7
the polls, a space for the date of the election, and space for such other information8
as is deemed necessary.9
* * *10
§154. Records open to inspection; copying; exceptions11
* * *12
C.(1) Notwithstanding the provisions of this Section, neither the registrar nor13
the Department of State shall disclose the fact that a registered voter is entitled to14
assistance in voting or the social security number, driver's license number, day and15
month of the date of birth, mother's maiden name, or electronic mail address of a16
registered voter or circulate the fact that registered voters are entitled to assistance17
in voting or the social security numbers, driver's license numbers, day and month of18
the dates of birth, mother's maiden names, or electronic mail addresses of registered19
voters on commercial lists, except when voter registration data is transmitted to the20
office of motor vehicles of the Department of Public Safety and Corrections, for the21
purposes of verifying the accuracy and authenticity of the social security number,22
driver's license number, or full date of birth provided by the voter or when the full23
date of birth of a registered voter is transmitted to the Board of Ethics to verify the24
identity of a candidate for purposes of campaign finance reporting.25
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, the26
Board of Ethics shall not disclose the full date of birth of a registered voter27
transmitted to the board by the Department of State.28
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§427. Watchers1
* * *2
B. Powers and duties. A watcher shall be admitted within all parts of the3
polling place during the election day and the counting and tabulation of votes, and4
shall call any infraction of the law to the attention of the commissioners. A watcher5
may keep notes on the conduct of the election, but he shall not take part in the6
counting and tabulation of votes. A watcher shall not electioneer, engage in political7
discussions, or unnecessarily delay a voter at the polling place. A watcher shall be8
subject to the authority of the commissioners and shall not interfere with the9
commissioners in the performance of their duties.10
* * *11
§431. Commissioners; courses of instruction; certificates; reports; list of certified12
persons furnished by parish board of election supervisors13
A.(1)(a) At least semiannually annually the clerk of court shall conduct a14
general course of instruction for commissioners. These courses Each such course of15
instruction shall be open to the public, and the clerk shall publicize the courses each16
course in a manner reasonably calculated to encourage maximum attendance and17
participation. For informational purposes, the registrar may assist the clerk of court18
in conducting the course.19
* * *20
§435. Watchers; appointment and commission21
A. Right to have watchers. (1) Each candidate is entitled to have one22
watcher at every precinct on election day where the office he seeks is voted on in a23
primary or general election. The candidate or his authorized representative shall file24
one list of watchers on a form provided by the secretary of state or on a form which25
contains the same information as required by the form provided by the secretary of26
state. When a candidate's list of watchers is filed by the candidate's authorized27
representative, a letter of authorization from the candidate shall accompany the list28
of watchers; however, in the case of a presidential election, each slate of candidates29
for presidential elector is entitled to have one watcher at every precinct. The state30 ENROLLEDHB NO. 533
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central committee of each recognized political party shall be responsible for filing1
the list of watchers for its slate of candidates for presidential elector. The list of2
watchers for an independent or other party slate of candidates for presidential elector3
shall be filed by any person so authorized by the presidential candidate supported by4
the slate of electors. A letter of authorization from the presidential candidate, or an5
authorized agent of his campaign, shall accompany the list of watchers.6
* * *7
§463. Notice of candidacy; financial disclosure; political advertising; penalties8
A.(1)(a) A notice of candidacy shall be in writing and shall state the9
candidate's name, the office he seeks, the address of his domicile, and the parish,10
ward, and precinct where he is registered to vote, and the political party, if any, with11
which he is registered as being affiliated. The candidate shall list on the notice of12
candidacy the name of the political party if he is registered as being affiliated with13
a recognized political party, "other" if he is registered as being affiliated with a14
political party that is not a recognized political party, or "no party" if he is registered15
with no political party affiliation. No candidate shall change or add his political16
party designation, for purposes of printing on the election ballot as required by R.S.17
18:551(D), after he has qualified for the election.18
* * *19
§591. Vacancy in office of elective members of state boards and commissions20
Within twenty-four hours after any member of a state board or commission21
has knowledge of a vacancy in an elective office on that state board or commission,22
he shall notify the governor by certified mail of the vacancy, the date on which it23
occurred, and the cause thereof. Within ten twenty days after he is notified of the24
vacancy, the governor shall appoint a person to fill the vacancy who has the25
qualifications for the office. However, if the deadline for making the appointment26
falls on a Saturday, Sunday, or other legal holiday, then the next day which is not a27
Saturday, Sunday, or legal holiday shall be deemed to be the final day for making28
such appointment. If the unexpired term is one year or less, the member so29
appointed shall serve for the remainder thereof. If the unexpired term exceeds one30 ENROLLEDHB NO. 533
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year, the governor, within ten twenty days after he is notified of the vacancy, shall1
issue his proclamation ordering a special election to fill the vacancy, which shall2
specify, in accordance with R.S. 18:402, the dates on which the primary and general3
elections shall be held, and in accordance with R.S. 18:467, 467.1, and 468, the dates4
of the qualifying period for the candidates in the special election. However, if the5
deadline for issuing the proclamation falls on a Saturday, Sunday, or other legal6
holiday, then the next day which is not a Saturday, Sunday, or legal holiday shall be7
deemed to be the final day for issuing such proclamation. Immediately thereafter the8
governor shall publish the proclamation in the official journal of each parish in9
which the election is to be held. Within twenty-four hours after issuing the10
proclamation, the governor shall send a copy of the proclamation to the secretary of11
state who shall within twenty-four hours after receipt of the information notify all12
election officials having any duty to perform in connection with the special election13
to fill such vacancy, including the parish boards of election supervisors for the parish14
or parishes in which the vacancy occurred. The governor may appoint a person to15
fill a vacancy and issue a proclamation ordering a special election when he learns of16
a vacancy, whether or not he has received notice thereof from a state board or17
commission member. Whenever a special election is required, the governor's18
appointee shall serve only until the successor is elected and takes office.19
* * *20
§602. Vacancies in certain local and municipal offices; exceptions21
A. When a vacancy occurs in the office of a member of a parish or municipal22
governing authority or a combination thereof, a mayor, or any other local or23
municipal office, except an office covered by Subsections B and C hereof of this24
Section and except the office of judge, state legislator, or marshal of a city or25
municipal court, and the office is filled by election wholly within the boundaries of26
a local governmental subdivision, the governing authority of the local governmental27
subdivision where the vacancy occurs shall, within ten twenty days, appoint a person28
to fill the vacancy who meets the qualifications of the office. However, if the29
deadline for making the appointment falls on a Saturday, Sunday, or other legal30 ENROLLEDHB NO. 533
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holiday, then the next day which is not a Saturday, Sunday, or legal holiday shall be1
deemed to be the final day for making such appointment. The presiding officer of2
the governing authority shall not be required to vote on such an appointment to be3
made by the governing authority of a local governmental subdivision unless a tie4
vote occurs thereon, in which case he shall vote to break the tie; however, in no case5
shall the presiding officer vote more than once on the appointment.6
B. When a vacancy occurs in the membership of a city or parish school7
board, the remaining members of the board shall, within ten twenty days, declare that8
the vacancy has occurred and proceed to appoint a person who meets the9
qualifications of the office to fill the vacancy. However, if the deadline for making10
the appointment falls on a Saturday, Sunday, or other legal holiday, then the next day11
which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day12
for making such appointment. For the purposes of this Subsection, in addition to the13
definition of "vacancy" provided in R.S. 18:581, a "vacancy" in a city or parish14
school board office shall be deemed to have occurred when, in the case of a city15
school board, a member's residence no longer lies within the jurisdiction of the board16
or when, in the case of a parish school board, a member changes his domicile from17
the district he represents or, if elected after reapportionment, is domiciled outside the18
district he represents at the time he is sworn into office, any declaration of retention19
of domicile to the contrary notwithstanding.20
C. When a vacancy occurs in any of the following offices, the duties of the21
office shall be assumed by the person hereinafter designated: (1) district attorney, by22
the first assistant; (2) clerk of a district court, by the chief deputy; (3) coroner, by the23
chief deputy; (4) sheriff, by the chief criminal deputy, except that in a parish that has24
both a civil sheriff and a criminal sheriff, the civil sheriff by the chief civil deputy,25
and the criminal sheriff, by the chief criminal deputy, respectively; and (5) tax26
assessor, by the chief deputy assessor. If there is no such person to assume the duties27
when the vacancy occurs, the governing authority or authorities of the parish or28
parishes affected shall, within ten twenty days, appoint a person having the29
qualifications of the office to assume the duties of the office. However, if the30 ENROLLEDHB NO. 533
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deadline for making the appointment falls on a Saturday, Sunday, or other legal1
holiday, then the next day which is not a Saturday, Sunday, or legal holiday shall be2
deemed to be the final day for making such appointment.3
D. If a vacancy is not filled within the time specified in Subsections A, B,4
or C herein of this Section, the governor shall fill the vacancy.5
E.(1)(a) If the unexpired term of an office covered by Subsection A, B, or6
C above of this Section is one year or less, the person appointed to fill the vacancy7
or designated to assume the duties of the office shall serve for the remainder of the8
unexpired term.9
* * *10
(2)(a) If the unexpired term exceeds one year, the governing authority of the11
local governmental subdivision in which the vacancy occurs, or the school board12
when the vacancy occurs in its membership, or the governor when a vacancy occurs13
in the office of district attorney or in an office for which there is not a single14
governing authority or as provided in Subsection F of this Section, within ten twenty15
days after the vacancy occurs, shall issue a proclamation ordering a special election16
to fill the vacancy and shall specify in the proclamation, in accordance with R.S.17
18:402, the dates on which the primary and general elections shall be held and, in18
accordance with R.S. 18:467, 467.1, and 468, the dates of the qualifying period for19
candidates in the special election. However, if the deadline for issuing the20
proclamation falls on a Saturday, Sunday, or other legal holiday, then the next day21
which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day22
for issuing such proclamation. In selecting the dates for such special elections, the23
governing authority or school board as the case may be, may choose a gubernatorial24
or congressional election date, if such date is available within a year of the25
occurrence of the vacancy or may select an election date in accordance with R.S.26
18:402. In the cases in which the governor has the authority to select the date for27
such special elections, the governor shall first choose a gubernatorial or28
congressional election date. If no such date is available within a year of the29
occurrence of the vacancy, the governor shall then select an election date in30 ENROLLEDHB NO. 533
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accordance with R.S. 18:402. If the governing authority or school board fails to1
issue the proclamation within ten twenty days after the vacancy occurs, the governor2
shall issue the proclamation.3
* * *4
(4) If the unexpired term of a parish or municipal office covered by5
Subsection A of this Section is one year or more, but the vacancy occurs within one6
year of the regular municipal regularly scheduled primary election for that office, no7
special election will be called and the appointee shall serve for the remainder of the8
term of office.9
F. Whenever multiple vacancies in a local or municipal governing authority10
or in a school board covered by Subsection A or B of this Section reduce the11
membership of such governing authority or board below the number of total12
members required to constitute a quorum to conduct official business, the remaining13
members shall immediately inform the governor of the existence of the vacancies.14
Within ten twenty days after he receives this notice, the governor shall make15
appointments to fill all the vacancies and shall issue a proclamation calling special16
elections to fill such vacancies if special elections are required under the provisions17
of this Section. However, if the deadline for making the appointment or issuing the18
proclamation, if applicable, falls on a Saturday, Sunday, or other legal holiday, then19
the next day which is not a Saturday, Sunday, or legal holiday shall be deemed to be20
the final day for making such appointment or issuing such proclamation.21
* * *22
§604. Marshal of city or municipal court; temporary absence; vacancy23
* * *24
B.(1) When a vacancy occurs in the office of constable or marshal of a city25
or municipal court and the unexpired term of the office is one year or less, the chief26
deputy shall assume such duties and position and shall serve for the remainder of the27
expired term. However, in those cases where there is no such person to assume the28
duties when the vacancy occurs, the appropriate governing authority shall within ten29
twenty days appoint a person having the qualifications of the office to assume the30 ENROLLEDHB NO. 533
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duties of the office for the remainder of the unexpired term. However, if the1
deadline for making the appointment falls on a Saturday, Sunday, or other legal2
holiday, then the next day which is not a Saturday, Sunday, or legal holiday shall be3
deemed to be the final day for making such appointment. The appointment shall be4
made by the governing authority of the parish, unless the jurisdiction of the city or5
municipal court is wholly within the municipal city limits, in which case, such6
appointment shall be made within ten twenty days by the municipal governing7
authority. However, if the deadline for making the appointment falls on a Saturday,8
Sunday, or other legal holiday, then the next day which is not a Saturday, Sunday,9
or legal holiday shall be deemed to be the final day for making such appointment.10
If the appropriate governing authority fails to fill the vacancy within ten twenty days,11
the governor shall fill the vacancy. The judge of the city or municipal court which12
he serves shall fix the amount of the bond.13
(2)(a) When the unexpired term exceeds one year, the chief deputy shall14
assume such duties and position and shall serve until the successor is elected and15
takes office. If there is no such person to assume the duties when the vacancy16
occurs, the appropriate governing authority shall within ten twenty days appoint a17
person having the qualifications of the office to assume the duties of the office until18
the successor is elected and takes office. However, if the deadline for making the19
appointment falls on a Saturday, Sunday, or other legal holiday, then the next day20
which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day21
for making such appointment. If the appropriate governing authority fails to fill the22
vacancy within ten twenty days, the governor shall fill the vacancy. The appropriate23
governing authority shall, within ten twenty days after the vacancy occurs, issue a24
proclamation ordering a special election to fill the vacancy and shall specify in the25
proclamation, in accordance with R.S. 18:402, the dates on which the primary and26
general elections shall be held and, in accordance with R.S. 18:467, 467.1, and 468,27
the dates of the qualifying period for candidates in the special election. However,28
if the deadline for issuing the proclamation falls on a Saturday, Sunday, or other29
legal holiday, then the next day which is not a Saturday, Sunday, or legal holiday30 ENROLLEDHB NO. 533
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shall be deemed to be the final day for issuing such proclamation. If the appropriate1
governing authority fails to issue the proclamation within ten twenty days after the2
vacancy occurs, the governor shall issue the proclamation.3
* * *4
§1300.13. Declaration of vacancy5
When the majority is in favor of the recall, the public officer is, ipso facto,6
recalled and removed from office, and the office shall be vacated upon receipt by the7
secretary of state of certified returns from all of the parish boards of election8
supervisors within the jurisdiction expiration of the time period for contesting the9
recall election set forth in R.S. 18:1405(H) if an action contesting the recall election10
is not commenced timely or when the final judgment becomes definitive if an action11
contesting the recall election is commenced timely, and the office shall be filled as12
in the case of ordinary vacancies and according to the constitution and laws of the13
state. A public officer who has been recalled and removed from office shall not be14
appointed to succeed himself in the office from which he was recalled and removed.15
* * *16
§1306. Preparation and distribution of absentee by mail and early voting ballots17
* * *18
E.19
* * *20
(2) An absentee by mail or early voting ballot envelope flap shall also21
contain lines for the handwritten signature of two witnesses. The voter may sign the22
certificate in the presence of two witnesses, or one witness if the voter is voting23
absentee by mail as authorized by R.S. 18:1303(F), or (I), or (J), and in such a case,24
the voter shall not be required to obtain the signature of a notary public, but his25
certificate shall be made under penalty of perjury for providing false or fraudulent26
information. Above the perforation and along the seal line, the words "DO NOT27
DETACH FLAP" shall be printed.28
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§1307. Application by mail1
* * *2
B.3
* * *4
(2) Except as provided in Subsections C and D of this Section and R.S.5
18:1333(D)(2) 18:1333(D)(1), an application must be received by the registrar not6
earlier than sixty days or later than 4:30 p.m. on the fourth day prior to the election7
for which it is requested, and the date received shall be noted thereon. However, if8
the deadline falls on a Saturday, Sunday, or other legal holiday, then the next day9
which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day10
of the deadline.11
* * *12
H. If the applicant is eligible to vote absentee by mail pursuant to13
R.S. 18:1303(H), his application, if such application meets the requirements of this14
Section, shall remain valid as long as the applicant is a program participant in the15
Department of State Address Confidentiality Program pursuant to Part III of Chapter16
1 of Title 44 of the Louisiana Revised Statutes of 1950. When the applicant ceases17
participation in the program, the Department of State shall notify the registrar of the18
parish where the applicant is registered to vote that the applicant is no longer a19
participant in the program. Upon receipt of the notification from the Department of20
State, the registrar shall send notice by forwardable mail to the applicant that his21
application will no longer be valid, and the applicant shall be required to submit a22
new application to the registrar that meets the requirements of this Section and23
provide a current address before the applicant will be eligible to vote absentee by24
mail again pursuant to this Section.25
I. If the registrar of voters has reason to believe that the eligibility of a voter26
to vote absentee by mail pursuant to R.S. 18:1303(I) is based upon false or fraudulent27
information, he shall immediately notify the parish board of election supervisors.28
If, after appropriate hearing and opportunity for the voter to be heard, the parish29
board of election supervisors finds that the voter's eligibility to vote absentee by mail30 ENROLLEDHB NO. 533
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was based upon false or fraudulent information, the board shall inform the1
appropriate district attorney and the registrar of voters who shall not allow the voter2
to vote absentee by mail pursuant to R.S. 18:1303(I).3
* * *4
§1308. Absentee voting by mail5
A.(1)(a) Beginning with the date on which the registrar receives the absentee6
by mail ballots and other necessary paraphernalia from the secretary of state, and7
thereafter, immediately upon receipt of an application by mail, the registrar shall8
mail the necessary instructions, certificates, ballots, and envelopes to the applicant9
at the address furnished by the applicant. The registrar shall detach the perforated10
slip from the absentee by mail ballot before mailing it to the voter and shall retain11
the slip in the records of his office for six months.12
* * *13
§1308.1. Absentee voting by person serving on sequestered jury14
A. Immediately upon receipt of an application, the registrar shall15
deliver the necessary instructions, certificates, ballots, and envelopes to the16
officer of the court in charge of the sequestered jury on which the applicant17
is serving, at the address furnished by the applicant. The registrar shall18
detach the perforated slip from each absentee ballot before delivering it to the19
officer, shall retain the slip from each absentee ballot before delivering it to20
the officer, and shall retain the slip in the records of his office for six months.21
Each envelope delivered to the officer shall contain two envelopes, one of22
which shall be the ballot envelope and the other shall be a return envelope23
bearing the official title and mailing address of the registrar and the name,24
return address, and precinct or district number of the voter. This latter25
envelope shall be used by each voter to return his ballot.26
* * *27 ENROLLEDHB NO. 533
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§1309.1. Notice of preparation Preparation of machines for early voting;1
examination by candidate or his representative; sealing machines2
A. Prior to the conduct of early voting At the time of qualifying, the parish3
custodian shall notify each candidate of to contact the registrar of voters for the time4
and place at which the voting machines will be prepared for early voting. The notice5
shall state the time and place at which he will begin preparation of the machines for6
sealing and that the The candidate or his representative may be present to observe the7
preparation of the machines for by the registrar of voters with the assistance of the8
secretary of state's technicians and to observe the testing and sealing of the machines9
by the parish custodian registrar of voters in the presence of the parish board of10
election supervisors. Each candidate or his representative shall be afforded a11
reasonable opportunity to inspect and test vote the machines view the test vote tape12
for each machine to see that they are in the proper condition for use in the election,13
which opportunity shall not be less than thirty minutes beginning at the time14
designated by the parish custodian registrar of voters to begin preparation of the15
machines for sealing. However, no candidate, representative, or citizen shall16
interfere with the registrar of voters, secretary of state's technicians, parish custodian17
board of election supervisors, or any employee or technician or assume any of their18
duties.19
B. Each candidate or representative shall identify to the registrar of voters20
the candidate whom he is representing. In addition, any citizen of this state may be21
present to observe the preparation, testing, and sealing of the machines by the parish22
custodian registrar of voters and shall be afforded an opportunity to inspect the23
machines test vote tape for each machine to see that they are in proper condition for24
use for early voting.25
C. After the machines have been examined by each candidate, or26
representative, or citizen who is present, the parish board of election supervisors27
shall generate a zero tally to ensure that the voting machine's public counter is set at28
zero and that no votes have been cast for any candidate or for or against any29 ENROLLEDHB NO. 533
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proposition. The parish custodian registrar of voters shall then seal the voting1
machine.2
* * *3
§1314. Absentee by mail and early voting commissioners4
* * *5
B. Selection for primary election. (1) The parish board of election6
supervisors shall determine the number of absentee by mail and early voting7
commissioners necessary to count the absentee by mail and early voting ballots in8
the parish. The parish board of election supervisors shall select a minimum9
maximum of three six such commissioners. If the parish board of election10
supervisors determines that the number of absentee by mail and early voting11
commissioners should be increased to more than six such commissioners, the parish12
board shall make a request to the secretary of state for the additional absentee by13
mail and early voting commissioners. If the secretary of state or his designee14
determines that there is a need for the additional absentee by mail and early voting15
commissioners, the parish board shall select the additional absentee by mail and16
early voting commissioners.17
* * *18
C. Selection for general election. (1)19
* * *20
(b) If it determines that the number cannot be reduced or should be21
increased, those persons who served as absentee by mail and early voting22
commissioners and alternate absentee by mail and early voting commissioners for23
the parish in the primary election shall serve in the general election, unless replaced24
or disqualified in the manner provided by law for commissioners and alternate25
commissioners. The number of absentee by mail and early voting commissioners for26
a general election shall not be less than three. 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 the number of such commissioners29
who served in the primary election, the parish board shall make a request to the30 ENROLLEDHB NO. 533
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secretary of state for the additional absentee by mail and early voting commissioners.1
If the secretary of state or his designee determines that there is a need for the2
additional absentee by mail and early voting commissioners, the parish board shall3
select the additional absentee by mail and early voting commissioners.4
* * *5
(3) If the parish board determines and the secretary of state or his designee6
determine that the number of absentee by mail and early voting commissioners7
should be increased, the parish board shall meet at 10:00 a.m. on the fifth day before8
a general election and shall select the additional absentee by mail and early voting9
commissioners and alternate absentee by mail and early voting commissioners to10
serve in the general election for that parish from the list of certified commissioners11
who have not been chosen to serve in the general election as a commissioner-in-12
charge, commissioner, or, if applicable, absentee by mail and early voting13
commissioner in the manner provided by law for the selection of commissioners and14
alternate commissioners. If there are not enough certified commissioners to select15
the appropriate number of absentee by mail and early voting commissioners and16
alternate absentee by mail and early voting commissioners, the board of election17
supervisors may select a qualified elector of the parish to serve; however, no such18
elector shall serve as an absentee by mail and early voting commissioner if a19
certified commissioner has been selected as an alternate absentee by mail and early20
voting commissioner.21
D. Selection for provisional ballot counting for a primary or general election.22
* * *23
(2) Upon approval by the secretary of state or his designee, the parish board24
of election supervisors shall appoint the approved number of absentee by mail and25
early voting commissioners for assistance to the board in counting and tabulating the26
provisional ballots.27
* * *28 ENROLLEDHB NO. 533
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§1352. Use of voting machines throughout state; exception for failure of voting1
equipment, absentee by mail and early voting2
A. Voting machines shall be used throughout this state in all elections;3
however, nothing.4
B. Notwithstanding the provisions of Subsection A of this Section, paper5
ballots may be used when voting machines fail.6
C. Nothing in this Chapter shall prohibit absentee by mail and early voting7
as otherwise provided in this Title.8
* * *9
§1401. Objections to candidacy, contests of elections, contests of certification of10
recall petition; parties authorized to institute actions11
* * *12
F. A public officer who alleges that, except for substantial irregularities or13
error, or except for fraud or other unlawful activities in the conduct of the election,14
he would not have been recalled may bring an action contesting the election.15
§1402. Proper parties16
* * *17
C. The secretary of state, in his official capacity, shall be made a party18
defendant to any action contesting an election for public office or an election for the19
recall of a public officer. The secretary of state, in his official capacity, shall be20
made defendant to any action objecting to the calling of a special election. The21
secretary of state, in his official capacity, shall be made a party defendant to any22
action contesting the certification of a recall petition. When named as a defendant23
in an action contesting an election, costs of court shall not be assessed against the24
secretary of state. When named as a defendant in an action contesting the25
certification of a recall petition, costs of court shall not be assessed against the26
secretary of state.27
* * *28 ENROLLEDHB NO. 533
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§1404. Venue1
* * *2
E. An action contesting an election for the recall of a public officer shall be3
instituted in the district court for a parish included in whole or in part in the voting4
area wherein the recall election is held; however if the public officer recalled is a5
statewide elected official, an action contesting the election shall be instituted in the6
district court for the parish where the state capitol is situated.7
§1405. Time for commencement of action8
* * *9
H. An action contesting any election involving the recall of a public officer10
shall be instituted on or before 4:30 p.m. of the ninth day after the date of the11
election.12
§1406. Petition; answer; notification13
* * *14
B. The petition shall set forth in specific detail the facts upon which the15
objection or contest is based. If the action contests an election involving election to16
office, the petition shall allege that except for substantial irregularities or error, fraud,17
or other unlawful activities in the conduct of the election, the petitioner would have18
qualified for a general election or would have been elected. If the action contests an19
election involving the recall of a public officer, the petition shall allege that except20
for substantial irregularities or error, fraud, or other unlawful activities in the conduct21
of the election, the petitioner would not have been recalled. The trial judge may22
allow the filing of amended pleadings for good cause shown and in the interest of23
justice.24
* * *25
§1415. Discovery prior to filing a suit contesting an election26
* * *27
B. Provided an action contesting an election involving the recall of a public28
officer has not been filed pursuant to R.S. 18:1405(H), the recalled public officer29
may conduct limited discovery as provided herein during the period of time after the30 ENROLLEDHB NO. 533
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are additions.
close of the polls on election day and prior to the expiration of time to file a suit1
contesting such election.2
C. Such discovery may be conducted only after execution of an affidavit by3
a poll watcher, commissioner, or any other election official that he has personal4
knowledge of an irregularity in the election and only after such affidavit has been5
filed with a court of competent jurisdiction. The nature of the irregularity shall be6
specified in the affidavit. The clerk of court shall immediately notify the secretary7
of state by telephone and by written notice when such affidavit has been filed, and8
shall notify the opponents of the candidate of the filing of the affidavit. The clerk9
shall also supply a copy of the affidavit to each opponent of the candidate.10
C. D. Discovery shall be limited to the taking of the deposition of any11
election official, including his employees, having responsibilities regarding the12
conduct of such election and the inspection and copying of documents and other13
records in the custody and control of any such election official, but shall not include14
access to voting machines prior to the date such machines are opened in accordance15
with R.S. 18:573. The deposition of a statewide elected official or his employee16
shall be conducted at the office of such official.17
D. E. Upon the request of the candidate or recalled public officer, after the18
filing of the affidavit as provided in Subsection B C of this Section, the clerk of any19
district court shall issue subpoenas and subpoenas duces tecum in aid of the taking20
of depositions and the production of documentary evidence for inspection or21
copying, or both.22
E. F. The authority for a candidate or recalled public officer to conduct23
discovery under the provisions of this Section shall cease when an action contesting24
such election is filed pursuant to R.S. 18:1405(B) or (H).25 ENROLLEDHB NO. 533
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F. G. A candidate or recalled public officer who conducts limited discovery1
as provided in this Section shall be responsible for all reasonable costs associated2
with such discovery.3
* * *4
§1431. Fraudulent or illegal votes; uncounted votes; determination of election result5
When the court finds that one or more of the votes cast in a contested election6
are illegal or fraudulent, the judge shall subtract such vote or votes from the total7
votes cast for the candidate who received them if the contest involves election to8
office, or from the total vote for or against a proposition, if the contest is of an9
election upon a proposition, or from the total vote for or against the recall of a public10
officer if the contest involves an election for the recall of a public officer. If the11
court determines that legal votes cast in the election were excluded in the total votes12
cast on a candidate, or proposition, or recall, then these excluded legal votes shall be13
added to the total votes on the candidate, or the proposition, or recall to which they14
are attributable. Thereafter, and after considering all the evidence, the court shall15
determine the result of the election.16
§1432. Remedies17
A.(1) If the trial judge in an action contesting an election determines that:18
(1) (a) it is impossible to determine the result of election, or (2) (b) the number of19
qualified voters who were denied the right to vote by the election officials was20
sufficient to change the result in the election, if they had been allowed to vote, or (3)21
(c) the number of unqualified voters who were allowed to vote by the election22
officials was sufficient to change the result of the election if they had not been23
allowed to vote, or (4) (d) a combination of the factors referred to in (2) (b) and (3)24
(c) in this Subsection Paragraph would have been sufficient to change the result had25
they not occurred, the judge may render a final judgment declaring the election void26
and ordering a new primary or general election for all the candidates, or, if the judge27
determines that the appropriate remedy is the calling of a restricted election, the28
judge may render a final judgment ordering a restricted election, specifying the date29
of the election, the appropriate candidates for the election, the office or other position30 ENROLLEDHB NO. 533
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for which the election shall be held, and indicating which voters will be eligible to1
vote.2
(2) If the trial judge in an action contesting an election for the recall of a3
public officer determines that: (a) it is impossible to determine the result of election,4
or (b) the number of qualified voters who were denied the right to vote by the5
election officials was sufficient to change the result in the election, if they had been6
allowed to vote, or (c) the number of unqualified voters who were allowed to vote7
by the election officials was sufficient to change the result of the election if they had8
not been allowed to vote, or (d) a combination of the factors referred to in (b) and (c)9
in this Paragraph would have been sufficient to change the result had they not10
occurred, the judge may render a final judgment declaring the election void and11
ordering a new recall election, or, if the judge determines that the appropriate remedy12
is the calling of a restricted election, the judge may render a final judgment ordering13
a restricted election, specifying the date of the election, and indicating which voters14
will be eligible to vote.15
* * *16
§1433. Revote in precincts where voting machine malfunctions if result cannot be17
otherwise ascertained18
A. Notwithstanding the provisions of R.S. 18:1432, if a discrepancy19
sufficient to change the result of the election between the total votes cast at an20
election and the votes counted for the candidates in the election or for or against the21
recall of a public officer occurs as a result of a voting machine malfunction, and an22
accurate count of the votes cast on the malfunctioning machine cannot be determined23
by the offering of circumstantial evidence or any other evidence, the court shall order24
a revote in the precinct where the voting machine malfunctioned, which shall be25
limited to those persons listed on the poll list as having cast their ballots in person26
at the polls in the election in which the machine malfunctioned.27
B. Notwithstanding the provisions of R.S. 18:1432, if a discrepancy28
sufficient to change the result of the election between the total votes cast at an29
election and the votes counted for the candidates in the election or for or against the30 ENROLLEDHB NO. 533
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recall of a public officer occurs as a result of the malfunction of a voting machine1
used for early voting, and an accurate count of the votes cast on the malfunctioning2
machine cannot be determined by the offering of circumstantial evidence or any3
other evidence, the court shall order a revote of electronic early voting ballots in the4
parish where the voting machine used for early voting malfunctioned, which shall5
be limited to those persons who voted during early voting in the election.6
* * *7
Section 2. R.S. 18:463(A)(1)(a), 551(D), 1284(F)(1) and (2), and 1299.1 are hereby8
amended and reenacted to read as follows:9
§463. Notice of candidacy; financial disclosure; political advertising; penalties10
A.(1)(a) A notice of candidacy shall be in writing and shall state the11
candidate's name, the office he seeks, the address of his domicile, and the parish,12
ward, and precinct where he is registered to vote. The candidate shall list on the13
notice of candidacy the name of the political party if he is registered as being14
affiliated with a recognized political party, "other" if he is registered as being15
affiliated with a political party that is not a recognized political party, or "no party"16
"independent" if he is registered with no political party affiliation. No candidate17
shall change or add his political party designation, for purposes of printing on the18
election ballot as required by R.S. 18:551(D), after he has qualified for the election.19
* * *20
§551. Ballots21
* * *22
D. Political party designation. The political party designation of a candidate23
who is registered as being affiliated with a recognized political party shall be listed24
on the primary or general election ballot on the same line and immediately after or25
below the candidate's name. If a candidate is affiliated with a political party, but26
such party is not a recognized political party, the space after his name shall be left27
blank. If a candidate is not affiliated with any political party, the words "no party"28
word "independent" or an abbreviation thereof shall be placed after his name. The29 ENROLLEDHB NO. 533
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secretary of state shall promulgate and adopt rules as necessary to effectuate the1
provisions and purposes of this Subsection.2
* * *3
§1284. Resolution calling election; proposition4
* * *5
F.(1) The preparation of the statement of the proposition to be submitted to6
the voters at an election shall be the responsibility of the governing authority of the7
political subdivision ordering the election. The statement of the proposition shall8
also include a simple and unbiased concise summary in easily understood language9
which sets forth the substance of the proposition include the information required by10
this Section in simple, unbiased, concise, and easily understood language and be in11
the form of a question. The statement of the proposition, including the summary,12
shall not exceed four two hundred words in length. Such summary shall be placed13
at the beginning of the statement of the proposition.14
(2) The secretary of state shall be responsible for ensuring that the statement15
of the proposition contains the summary as provided in Paragraph (1) of this16
Subsection complies with the requirements of this Section.17
* * *18
§1299.1. Statement of question Question or proposition to be voted on; statement19
length20
A. The preparation of the statement of any a question or proposition to be21
submitted to the voters at an election shall be the responsibility of the governing22
authority or other entity calling the election or submitting the question or23
proposition. The statement of the proposition shall also include a simple and24
unbiased concise summary in easily understood language which sets forth the25
substance of the proposition be comprised of simple, unbiased, concise, and easily26
understood language and be in the form of a question. The statement of the27
proposition, including the summary, shall not exceed four two hundred words in28
length. Such summary shall be placed at the beginning of the statement of the29
proposition.30 ENROLLEDHB NO. 533
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B. The secretary of state shall be responsible for ensuring that the statement1
of the proposition contains the summary as provided in Subsection A complies with2
the requirements of this Section.3
Section 3.(A) This Section and Section 1 of this Act shall become effective upon4
signature of this Act by the governor or, if not signed by the governor, upon expiration of5
the time for bills to become law without signature by the governor, as provided by Article6
III, Section 18 of the Constitution of Louisiana. If this Act is vetoed by the governor and7
subsequently approved by the legislature, this Section and Section 1 of this Act shall become8
effective on the day following such approval.9
(B) Section 2 of this Act shall become effective on January 1, 2012.10
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: