HLS 12RS-499 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 366
BY REPRESENTATIVE STUART BISHOP
VOTERS/VOTING: Provides relative to the counting of votes cast by persons who die prior
to the opening of the polls on election day
AN ACT1
To amend and reenact R.S. 18:1302(2) and to repeal R.S. 18:1317, relative to elections; to2
repeal provisions relative to the counting of votes cast by persons who die prior to3
the opening of the polls on election day; to provide for definitions; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 18:1302(2) is hereby amended and reenacted to read as follows:7
ยง1302. Definitions8
As used in this Chapter, unless the context clearly indicates otherwise, the9
following terms shall have the meanings hereafter ascribed to each:10
* * *11
(2) "Board" means the parish board of election supervisors of each parish.12
If absentee by mail and early voting commissioners are utilized by the parish board13
of election supervisors to count and tabulate absentee votes, the term "board" for the14
purposes of R.S. 18:1306, 1311, 1312, 1313, 1315, and 1316, and 1317 may also15
mean absentee by mail and early voting commissioners.16
* * *17
Section 2. R.S. 18:1317 is hereby repealed in its entirety.18 HLS 12RS-499 ORIGINAL
HB NO. 366
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)]
Stuart Bishop HB No. 366
Abstract: Repeals provisions of law that exclude absentee by mail and early votes cast by
persons who die prior to the opening of the polls on election day.
Present law provides relative to absentee by mail and early voting. Provides that the parish
board of election supervisors is responsible for the counting and tabulation of all absentee
by mail and early voting ballots in a parish. Proposed law retains present law.
Present law (R.S. 18:1317) provides that when the members of the board determine by proof
satisfactory to them that a voter who has voted by absentee by mail or early voting ballot has
died prior to the opening of the polls on the day of the election, they shall return the ballot
or early voting application of the voter in the same manner as is provided in present law
provisions relative to the challenge of ballots (R.S. 18:1315). Provides, however, that the
casting of an absentee by mail or early voting ballot by a voter who thereafter dies or the
tabulation of such a ballot shall not invalidate the election.
Proposed law repeals present law.
Proposed law makes technical changes.
(Amends R.S. 18:1302(2); Repeals R.S. 18:1317)