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Regular Session, 2012
HOUSE BILL NO. 852
BY REPRESENTATIVE TIM BURNS
ELECTION CODE: Makes revisions to the Election Code
AN ACT1
To amend and reenact R.S. 18:25(B), 104(A)(3), 109, 152(C)(2)(a), 154(C), 177(A),2
402(F)(2), and (G), 427(B), 431(A)(1)(a) and (3)(a) and (B)(3), 435(A)(1),3
465(E)(1)(a), 532.1(F), 562(A)(2), 591, 602(A), (B), (C), (D), (E)(1)(a), (2)(a), and4
(4), and (F), 604(B)(1) and (2)(a), 1284(F), 1299.1, 1300.13, 1302(2), 1307(B)(2)5
and (H), 1308(A)(1) and (2)(d), (e), (f), and (g), 1308.1(A), 1309(D)(1) and (E)(4),6
1309.1, 1313(F)(9) and (10) and (I)(2)(a), 1314(B)(1), (C)(1)(b) and (3), and (D)(2),7
1352, 1402(C), 1405(B), 1406(B), 1415(B), (C), (D), (E), and (F), 1431, 1432(A),8
1433(A) and (B), and 1941(A) and (B), to enact R.S. 18:1307(B)(1)(d) and (I),9
1308(A)(2)(h), (i), and (j), 1309(E)(5), 1313(F)(11), 1401(F), 1404(E), 1405(H), and10
1415(G), and to repeal R.S. 18:1317, relative to the Louisiana Election Code; to11
revise the system of laws comprising the Louisiana Election Code; to provide12
relative to the authority and duties of the State Board of Election Supervisors and the13
secretary of state; to provide relative to voter registration; to provide relative to14
application for voter registration; to provide relative to notice of registration and15
change in registration; to provide relative to precinct registers used by the registrar16
of voters; to provide relative to disclosure of voter information; to provide relative17
to reinstatement of voter registration after suspension; to provide for election dates;18
to provide relative to watchers; to provide relative to courses of instruction for19
commissioners; to provide relative to qualifying for an election; to provide relative20
to nominating petitions; to provide relative to changing of precinct boundaries by21 HLS 12RS-196 REENGROSSED
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parish governing authorities; to provide relative to procedures for voting during early1
voting and on election day; to provide relative to identification of voters; to provide2
for the time limits for making appointments to fill vacancies in certain offices; to3
provide for the time limits for issuing proclamations for special elections to fill4
vacancies in certain offices; to provide relative to the requirements for special5
elections for certain offices; to provide relative to propositions submitted to voters6
at certain elections; to provide relative to recall elections; to provide relative to7
applying to vote absentee by mail; to provide relative to procedures and requirements8
for voting absentee by mail; to provide relative to the transmission of absentee by9
mail materials; to provide relative to absentee by mail ballots; to provide relative to10
the counting and tabulation and recounting of absentee by mail and early voting11
ballots; to provide relative to the preparation of voting machines; to provide relative12
to absentee by mail and early voting commissioners; to provide for the use of paper13
ballots; to provide relative to submission of certain changes in voting practice and14
procedure by political subdivisions; to provide for effectiveness; and to provide for15
related matters.16
Be it enacted by the Legislature of Louisiana:17
Section 1. R.S. 18:25(B), 104(A)(3), 109, 152(C)(2)(a), 154(C), 177(A), 402(F)(2),18
and (G), 427(B), 431(A)(1)(a) and (3)(a) and (B)(3), 435(A)(1), 465(E)(1)(a), 532.1(F),19
562(A)(2), 591, 602(A), (B), (C), (D), (E)(1)(a), (2)(a), and (4), and (F), 604(B)(1) and20
(2)(a), 1300.13, 1302(2), 1307(B)(2) and (H), 1308(A)(1) and (2)(d), (e), (f), and (g),21
1308.1(A), 1309(D)(1) and (E)(4), 1309.1, 1313(F)(9) and (10) and (I)(2)(a), 1314(B)(1),22
(C)(1)(b) and (3), and (D)(2), 1352, 1402(C), 1405(B), 1406(B), 1415(B), (C), (D), (E), and23
(F), 1431, 1432(A), 1433(A) and (B), and 1941(A) and (B) are hereby amended and24
reenacted and R.S. 18:1307(B)(1)(d) and (I), 1308(A)(2)(h), (i), and (j), 1309(E)(5),25
1313(F)(11), 1401(F), 1404(E), 1405(H), and 1415(G) are hereby enacted to read as follows:26
§25. Annual reports27
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B. The board shall annually report to the House and Governmental Affairs1
Committee of the House of Representatives and the Senate and Governmental2
Affairs Committee of the Senate its findings, observations, and recommendations3
concerning all aspects of elections in this state. The report shall be submitted prior4
to the ninetieth day before each legislative session no later than January fifteenth5
each year and shall include but shall not be limited to the following subjects: election6
laws in general, registration procedures, election procedures, election officials,7
voting machines, tabulation and transmission of election returns, procedures used for8
casting and counting absentee by mail and early voting ballots, and any other aspect9
of elections the board deems appropriate.10
* * *11
§104. Application for registration; form12
A. The secretary of state, subject to approval by the attorney general as to13
content, shall prescribe the form that shall be used uniformly by each registrar in the14
state and any person authorized to accept voter registration applications in registering15
qualified citizens to vote. The form shall contain spaces for at least the following16
information with respect to the applicant:17
* * *18
(3) Sex, present age, and date of birth.19
* * *20
§109. Notice of registration and change in registration 21
After receiving from the registrar the information concerning a new registrant22
or the information concerning a change in name, address, or polling place made with23
respect to the registration of any person, the Department of State promptly shall mail24
a deliver a notice to the appropriate registrar that the person is registered or that his25
registration has been changed. The registrar shall then mail a the notice, postage26
prepaid, to each new registrant and to each person whose registration was changed27
in any manner a notice that he is registered or that his registration has been changed.28
The notice shall show the parish, ward, precinct, registration address, and party29 HLS 12RS-196 REENGROSSED
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affiliation of the registrant. However, the registrar shall not be required to send such1
a notice to any voter who has been is on the inactive list of voters for at least two2
years unless the change in registration involves a change in the voter's address. The3
secretary of state shall prescribe the form to be used on the notice; however, "Return4
Service Requested" shall be printed on the front of the notice shall contain directions5
to the postmaster to "deliver only as addressed; otherwise return to sender; address6
correction requested", and the return address shall be that of the registrar. When a7
notice is returned by the postmaster, the registrar shall proceed in accordance with8
the applicable provisions of Part V of this Chapter.9
* * *10
§152. Required records11
* * *12
C.13
* * *14
(2)(a) Prior to each election, the registrar shall request a obtain one current15
precinct register and duplicate precinct register for each precinct in the parish where16
an election is to be held. The Department of State shall provide the registrar with17
one duplicate precinct register in electronic form. Such registers shall contain both18
the official list of voters and the inactive list of voters. Each precinct register shall19
contain information for identification of the voter at the polls, a space which the20
voter shall sign at the time he votes, a space for the initials of the commissioner at21
the polls, a space for the date of the election, and space for such other information22
as is deemed necessary.23
* * *24
§154. Records open to inspection; copying; exceptions25
* * *26
C.(1) Notwithstanding the provisions any provision of this Section to the27
contrary, neither the registrar nor the Department of State shall circulate on a28
commercial list or otherwise disclose the following:29 HLS 12RS-196 REENGROSSED
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(a) The fact that a registered voter is entitled to assistance in voting.1
(b) or the The social security number , of a registered voter.2
(c) The driver's license number, of a registered voter.3
(d) The day and month of the date of birth, of a registered voter.4
(e) The mother's maiden name, or of a registered voter.5
(f) The electronic mail address of a registered voter. or circulate the fact that6
registered voters are entitled to assistance in voting or the social security numbers,7
driver's license numbers, day and month of the dates of birth, mother's maiden8
names, or electronic mail addresses of registered voters on commercial lists, except9
when 10
(2)(a) The provisions of Paragraph (1) of this Subsection shall not apply to11
voter registration data is transmitted to the office of motor vehicles of the12
Department of Public Safety and Corrections, for the purposes of verifying the13
accuracy and authenticity of the social security number, driver's license number, or14
full date of birth provided by the voter. The office of motor vehicles shall not15
disclose information concerning a registered voter transmitted pursuant to this16
Subparagraph, except that it may transmit such information to the United States17
Social Security Administration for the purposes of verifying the accuracy and18
authenticity of the social security number provided by the voter.19
(b) Notwithstanding the provisions of Paragraph (1) of this Subsection, the20
Department of State or registrar of voters may transmit the full date of birth of a21
registered voter to the Supervisory Committee on Campaign Finance Disclosure to22
verify the identity of a candidate for purposes of campaign finance reporting. The23
supervisory committee shall not disclose the full date of birth of a registered voter24
transmitted pursuant to this Subparagraph.25
(c) Notwithstanding the provisions of Paragraph (1) of this Subsection, the26
Department of State or registrar of voters may provide to a clerk of court the full date27
of birth of a registered voter for the preparation of a general venire selection in28 HLS 12RS-196 REENGROSSED
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accordance with R.S. 18:175. The clerk of court shall not disclose the full date of1
birth of a registered voter provided pursuant to this Subparagraph.2
* * *3
§177. Reinstatement of registration after suspension4
A.(1) The registration of a person whose registration has been suspended by5
the registrar of voters pursuant to R.S. 18:176 for conviction of a felony shall be6
reinstated when the person appears in the office of the registrar and provides7
documentation from the appropriate correction official showing that such person is8
no longer under an order of imprisonment. , provided that any person who qualifies9
to vote under the special program for physically handicapped voters pursuant to10
Chapter 7-A of this Title may provide such documentation in the manner provided11
for such voters to vote absentee pursuant to R.S. 18:1332 and 1333.12
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, such13
documentation may be provided by mail, facsimile, commercial carrier, or hand14
delivery for the following:15
(a) A person who has been approved by the parish board of election16
supervisors as being eligible to participate in the Special Program for Handicapped17
Voters as such program existed prior to January 1, 2010.18
(b) A person who has submitted to the registrar current proof of disability19
from a physician along with a certification from the physician indicating that by20
reason of the person's disability the person is unable to appear in person to vote21
either during early voting or at the polling place on election day.22
* * *23
§402. Dates of primary and general elections24
* * *25
F. Bond, tax, or other elections. Every bond, tax, or other election at which26
a proposition or question is to be submitted to the voters shall be held only on one27
of the following dates:28
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(2) The first Saturday in October or Tuesday after the first Monday in1
November of even-numbered years. On the date of a congressional primary or2
general election as provided in Subsection B of this Section.3
* * *4
G.(1) Prohibited days. No election of any kind shall be held in this state on5
any of the days of Rosh Hashana, Yom Kippur, Sukkot, Shemini Atzeret, Simchat6
Torah, the first two days and the last two days of Passover, Shavuot, Tish'a B'Av, the7
two days preceding Labor Day or the three days preceding Easter. If the date of any8
election falls on any of the above-named days, the election shall be held on the same9
weekday of the preceding week.10
(2) If the date for the general election is advanced in accordance with the11
provisions of Paragraph (1) of this Subsection, the primary election shall be12
advanced the same number of weeks as the general election.13
* * *14
§427. Watchers15
* * *16
B. Powers and duties. A watcher shall be admitted within all parts of the17
polling place during the election day and the counting and tabulation of votes, and18
shall call any infraction of the law to the attention of the commissioners. A watcher19
may keep notes on the conduct of the election, but he shall not take part in the20
counting and tabulation of votes. A watcher shall not electioneer, engage in political21
discussions, or unnecessarily delay a voter at the polling place. A watcher shall be22
subject to the authority of the commissioners and shall not interfere with the23
commissioners in the performance of their duties.24
* * *25
§431. Commissioners; courses of instruction; certificates; reports; list of certified26
persons furnished by parish board of election supervisors 27
A.(1)(a) At least semiannually annually the clerk of court shall conduct a28
general course of instruction for commissioners. These courses Each such course of29 HLS 12RS-196 REENGROSSED
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instruction shall be open to the public, and the clerk shall publicize the courses each1
course in a manner reasonably calculated to encourage maximum attendance and2
participation. For informational purposes, the registrar may assist the clerk of court3
in conducting the course.4
* * *5
(3)(a) After each course of instruction for commissioners is completed, the6
clerk of court shall promptly file a report with the parish board of election7
supervisors and the secretary of state stating the time and place the course of8
instruction was held, the number of persons who attended the course, the manner in9
which the course was publicized, and the name, social security number, party10
affiliation, if any, and mailing address of each person who attended the course to11
whom a certificate of instruction was issued. The clerk of court shall also provide12
a report to the secretary of state in the manner required by the secretary of state.13
* * *14
B.15
* * *16
(3) After the completion of a course of instruction required by this17
Subsection, the clerk of court shall promptly file a report with the parish board of18
election supervisors and the secretary of state stating the name of each person to19
whom a certificate was issued, the kind of certificate, the social security number, the20
party affiliation, and the mailing address of each such person. The clerk of court21
shall also provide a report to the secretary of state in the manner required by the22
secretary of state.23
* * *24
§435. Watchers; appointment and commission25
A. Right to have watchers. (1) Each candidate is entitled to have one watcher26
at every precinct on election day where the office he seeks is voted on in a primary27
or general election. The candidate or his authorized representative shall file one list28
of watchers on a form provided by the secretary of state or on a form which contains29 HLS 12RS-196 REENGROSSED
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the same information as required by the form provided by the secretary of state.1
When a candidate's list of watchers is filed by the candidate's authorized2
representative, a letter of authorization from the candidate shall accompany the list3
of watchers; however, in the case of a presidential election, each slate of candidates4
for presidential elector is entitled to have one watcher at every precinct. The state5
central committee of each recognized political party shall be responsible for filing6
the list of watchers for its slate of candidates for presidential elector. The list of7
watchers for an independent or other party slate of candidates for presidential elector8
shall be filed by any person so authorized by the presidential candidate supported by9
the slate of electors. A letter of authorization from the presidential candidate, or an10
authorized agent of his campaign, shall accompany the list of watchers.11
* * *12
§465. Nominating petitions13
* * *14
E. Certification. (1)(a) A nominating petition shall be submitted to the15
registrars of voters in the parishes where the signers reside. A nominating petition16
shall be submitted to the registrars in such parishes not less than thirty days before17
the qualifying period ends for candidates in the primary election or special election18
called pursuant to R.S. 18:402(E) or, in the case of presidential electors, in the19
presidential election, except that in a special election called pursuant to R.S.20
18:601(A)(2) or 1279, a nominating petition shall be submitted by the candidate to21
the registrars of voters in such parishes prior to the opening of the qualifying period.22
not less than fourteen days before the qualifying period ends for candidates in the23
special election.24
* * *25
§532.1. Changing boundaries26
* * *27
F. Within fifteen days after the adoption of the ordinance as provided in this28
Section, the parish governing authority shall send to the secretary of the Senate and29 HLS 12RS-196 REENGROSSED
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the clerk of the House of Representatives, as well as the secretary of state, the clerk1
of court, and the registrar of voters a certified copy of the ordinance and a copy of2
a map showing the new precinct boundaries together with a written description of3
such boundaries.4
* * *5
§562. Prerequisites to voting6
A. Identification of voters.7
* * *8
(2) Each applicant shall identify himself, in the presence and view of the9
bystanders, and present to the commissioners a Louisiana driver's license, a10
Louisiana special identification card issued pursuant to R.S. 40:1321, or other11
generally recognized picture identification card that contains the name and signature12
of the applicant. If the applicant does not have a Louisiana driver's license, a13
Louisiana special identification card, or other generally recognized picture14
identification card that contains the name and signature of the applicant, the15
applicant shall complete and sign an affidavit, which is supplied by the secretary of16
state, to that effect before the commissioners, which affidavit shall include the17
applicant's date of birth and mother's maiden name. If the applicant is unable to read18
or write or is otherwise unable to complete the affidavit due to disability, the19
applicant may receive assistance in completing the affidavit and the commissioner20
shall make a notation on the affidavit. The applicant may receive the assistance of21
any person of his choice, including a commissioner, except a candidate,22
commissioner-in-charge, the applicant's employer or employer's agent, or the23
applicant's union agent. The commissioners who shall place the affidavit in the24
envelope marked "Registrar of Voters" and attach the envelope to the precinct25
register. and the applicant shall provide further identification by presenting his26
current registration certificate, giving his date of birth, or providing other27
information stated in the precinct register that is requested by the commissioners.28 HLS 12RS-196 REENGROSSED
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However, an applicant who is allowed to vote without the picture identification1
required by this Paragraph is subject to challenge as provided in R.S. 18:565.2
* * *3
§591. Vacancy in office of elective members of state boards and commissions 4
Within twenty-four hours after any member of a state board or commission5
has knowledge of a vacancy in an elective office on that state board or commission,6
he shall notify the governor by certified mail of the vacancy, the date on which it7
occurred, and the cause thereof. Within ten twenty days after he is notified of the8
vacancy, the governor shall appoint a person to fill the vacancy who has the9
qualifications for the office. However, if the deadline for making the appointment10
falls on a Saturday, Sunday, or other legal holiday, then the next day which is not a11
Saturday, Sunday, or legal holiday shall be deemed to be the final day for making12
such appointment. If the unexpired term is one year or less, the member so13
appointed shall serve for the remainder thereof. If the unexpired term exceeds one14
year, the governor, within ten twenty days after he is notified of the vacancy, shall15
issue his proclamation ordering a special election to fill the vacancy, which shall16
specify, in accordance with R.S. 18:402, the dates on which the primary and general17
elections shall be held, and in accordance with R.S. 18:467, 467.1, and 468, the dates18
of the qualifying period for the candidates in the special election. However, if the19
deadline for issuing the proclamation falls on a Saturday, Sunday, or other legal20
holiday, then the next day which is not a Saturday, Sunday, or legal holiday shall be21
deemed to be the final day for issuing such proclamation. Immediately thereafter the22
governor shall publish the proclamation in the official journal of each parish in23
which the election is to be held. Within twenty-four hours after issuing the24
proclamation, the governor shall send a copy of the proclamation to the secretary of25
state who shall within twenty-four hours after receipt of the information notify all26
election officials having any duty to perform in connection with the special election27
to fill such vacancy, including the parish boards of election supervisors for the parish28
or parishes in which the vacancy occurred. The governor may appoint a person to29 HLS 12RS-196 REENGROSSED
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fill a vacancy and issue a proclamation ordering a special election when he learns of1
a vacancy, whether or not he has received notice thereof from a state board or2
commission member. Whenever a special election is required, the governor's3
appointee shall serve only until the successor is elected and takes office.4
* * *5
§602. Vacancies in certain local and municipal offices; exceptions6
A. When a vacancy occurs in the office of a member of a parish or municipal7
governing authority or a combination thereof, a mayor, or any other local or8
municipal office, except an office covered by Subsections B and C hereof of this9
Section and except the office of judge, state legislator, or marshal of a city or10
municipal court, and the office is filled by election wholly within the boundaries of11
a local governmental subdivision, the governing authority of the local governmental12
subdivision where the vacancy occurs shall, within ten twenty days, appoint a person13
to fill the vacancy who meets the qualifications 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. The presiding officer of17
the governing authority shall not be required to vote on such an appointment to be18
made by the governing authority of a local governmental subdivision unless a tie19
vote occurs thereon, in which case he shall vote to break the tie; however, in no case20
shall the presiding officer vote more than once on the appointment.21
B. When a vacancy occurs in the membership of a city or parish school22
board, the remaining members of the board shall, within ten twenty days, declare that23
the vacancy has occurred and proceed to appoint a person who meets the24
qualifications of the office to fill the vacancy. However, if the deadline for making25
the appointment 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
for making such appointment. For the purposes of this Subsection, in addition to the28
definition of "vacancy" provided in R.S. 18:581, a "vacancy" in a city or parish29 HLS 12RS-196 REENGROSSED
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school board office shall be deemed to have occurred when, in the case of a city1
school board, a member's residence no longer lies within the jurisdiction of the board2
or when, in the case of a parish school board, a member changes his domicile from3
the district he represents or, if elected after reapportionment, is domiciled outside the4
district he represents at the time he is sworn into office, any declaration of retention5
of domicile to the contrary notwithstanding.6
C. When a vacancy occurs in any of the following offices, the duties of the7
office shall be assumed by the person hereinafter designated: (1) district attorney, by8
the first assistant; (2) clerk of a district court, by the chief deputy; (3) coroner, by the9
chief deputy; (4) sheriff, by the chief criminal deputy, except that in a parish that has10
both a civil sheriff and a criminal sheriff, the civil sheriff by the chief civil deputy,11
and the criminal sheriff, by the chief criminal deputy, respectively; and (5) tax12
assessor, by the chief deputy assessor. If there is no such person to assume the duties13
when the vacancy occurs, the governing authority or authorities of the parish or14
parishes affected shall, within ten twenty days, appoint a person having the15
qualifications of the office to assume the duties of the office. However, if the16
deadline for making the appointment 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 making such appointment.19
D. If a vacancy is not filled within the time specified in Subsections A, B,20
or C herein of this Section, the governor shall fill the vacancy.21
E.(1)(a) If the unexpired term of an office covered by Subsection A, B, or22
C above of this Section is one year or less, the person appointed to fill the vacancy23
or designated to assume the duties of the office shall serve for the remainder of the24
unexpired term.25
* * *26
(2)(a) If the unexpired term exceeds one year, the governing authority of the27
local governmental subdivision in which the vacancy occurs, or the school board28
when the vacancy occurs in its membership, or the governor when a vacancy occurs29 HLS 12RS-196 REENGROSSED
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in the office of district attorney or in an office for which there is not a single1
governing authority or as provided in Subsection F of this Section, within ten twenty2
days after the vacancy occurs, shall issue a proclamation ordering a special election3
to fill the vacancy and shall specify in the proclamation, in accordance with R.S.4
18:402, the dates on which the primary and general elections shall be held and, in5
accordance with R.S. 18:467, 467.1, and 468, the dates of the qualifying period for6
candidates in the special election. However, if the deadline for issuing the7
proclamation falls on a Saturday, Sunday, or other legal holiday, then the next day8
which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day9
for issuing such proclamation. In selecting the dates for such special elections, the10
governing authority or school board as the case may be, may choose a gubernatorial11
or congressional election date, if such date is available within a year of the12
occurrence of the vacancy or may select an election date in accordance with R.S.13
18:402. In the cases in which the governor has the authority to select the date for14
such special elections, the governor shall first choose a gubernatorial or15
congressional election date. If no such date is available within a year of the16
occurrence of the vacancy, the governor shall then select an election date in17
accordance with R.S. 18:402. If the governing authority or school board fails to18
issue the proclamation within ten twenty days after the vacancy occurs, the governor19
shall issue the proclamation.20
* * *21
(4) If the unexpired term of a parish or municipal office covered by22
Subsection A of this Section is one year or more, but the vacancy occurs within one23
year of the regular municipal regularly scheduled primary election for that office, no24
special election will be called, and the appointee shall serve for the remainder of the25
term of office.26
F. Whenever multiple vacancies in a local or municipal governing authority27
or in a school board covered by Subsection A or B of this Section reduce the28
membership of such governing authority or board below the number of total29 HLS 12RS-196 REENGROSSED
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members required to constitute a quorum to conduct official business, the remaining1
members shall immediately inform the governor of the existence of the vacancies.2
Within ten twenty days after he receives this notice, the governor shall make3
appointments to fill all the vacancies and shall issue a proclamation calling special4
elections to fill such vacancies if special elections are required under the provisions5
of this Section. However, if the deadline for making the appointment or issuing the6
proclamation, if applicable, falls on a Saturday, Sunday, or other legal holiday, then7
the next day which is not a Saturday, Sunday, or legal holiday shall be deemed to be8
the final day for making such appointment or issuing such proclamation.9
* * *10
§604. Marshal of city or municipal court; temporary absence; vacancy11
* * *12
B.(1) When a vacancy occurs in the office of constable or marshal of a city13
or municipal court and the unexpired term of the office is one year or less, the chief14
deputy shall assume such duties and position and shall serve for the remainder of the15
expired term. However, in those cases where there is no such person to assume the16
duties when the vacancy occurs, the appropriate governing authority shall within ten17
twenty days appoint a person having the qualifications of the office to assume the18
duties of the office for the remainder of the unexpired term. However, if the19
deadline for making the appointment falls on a Saturday, Sunday, or other legal20
holiday, then the next day which is not a Saturday, Sunday, or legal holiday shall be21
deemed to be the final day for making such appointment. The appointment shall be22
made by the governing authority of the parish, unless the jurisdiction of the city or23
municipal court is wholly within the municipal city limits, in which case, such24
appointment shall be made within ten twenty days by the municipal governing25
authority. However, if the deadline for making the appointment falls on a Saturday,26
Sunday, or other legal holiday, then the next day which is not a Saturday, Sunday,27
or legal holiday shall be deemed to be the final day for making such appointment.28
If the appropriate governing authority fails to fill the vacancy within ten twenty days,29 HLS 12RS-196 REENGROSSED
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the governor shall fill the vacancy. The judge of the city or municipal court which1
he serves shall fix the amount of the bond.2
(2)(a) When the unexpired term exceeds one year, the chief deputy shall3
assume such duties and position and shall serve until the successor is elected and4
takes office. If there is no such person to assume the duties when the vacancy5
occurs, the appropriate governing authority shall within ten twenty days appoint a6
person having the qualifications of the office to assume the duties of the office until7
the successor is elected and takes office. However, if the deadline for making the8
appointment 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
for making such appointment. If the appropriate governing authority fails to fill the11
vacancy within ten twenty days, the governor shall fill the vacancy. The appropriate12
governing authority shall, within ten twenty days after the vacancy occurs, issue a13
proclamation ordering a special election to fill the vacancy and shall specify in the14
proclamation, in accordance with R.S. 18:402, the dates on which the primary and15
general elections shall be held and, in accordance with R.S. 18:467, 467.1, and 468,16
the dates of the qualifying period for candidates in the special election. However,17
if the deadline for issuing the proclamation falls on a Saturday, Sunday, or other18
legal holiday, then the next day which is not a Saturday, Sunday, or legal holiday19
shall be deemed to be the final day for issuing such proclamation. If the appropriate20
governing authority fails to issue the proclamation within ten twenty days after the21
vacancy occurs, the governor shall issue the proclamation.22
* * *23
§1300.13. Declaration of vacancy24
When the majority is in favor of the recall, the public officer is, ipso facto,25
recalled and removed from office, and the office shall be vacated upon receipt by the26
secretary of state of certified returns from all of the parish boards of election27
supervisors within the jurisdiction, expiration of the time period for contesting the28
recall election set forth in R.S. 18:1405(H) if an action contesting the recall election29 HLS 12RS-196 REENGROSSED
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is not commenced timely or when the final judgment becomes definitive if an action1
contesting the recall election is commenced timely, and the office shall be filled as2
in the case of ordinary vacancies and according to the constitution and laws of the3
state. A public officer who has been recalled and removed from office shall not be4
appointed to succeed himself in the office from which he was recalled and removed.5
* * *6
§1302. Definitions7
As used in this Chapter, unless the context clearly indicates otherwise, the8
following terms shall have the meanings hereafter ascribed to each:9
* * *10
(2) "Board" means the parish board of election supervisors of each parish.11
If absentee by mail and early voting commissioners are utilized by the parish board12
of election supervisors to count and tabulate absentee votes, the term "board" for the13
purposes of R.S. 18:1306, 1311, 1312, 1313, 1315, and 1316, and 1317 may also14
mean absentee by mail and early voting commissioners.15
* * *16
§1307. Application by mail17
* * *18
B.(1)19
* * *20
(d) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,21
with respect to applicants who have a valid Louisiana driver's license or Louisiana22
special identification card issued pursuant to R.S. 40:1321 who are registered to vote,23
an application to vote by mail may be made by completing and submitting an24
electronic application to vote by mail on the secretary of state's website.25
(2) Except as provided in Subsections C and D of this Section and R.S.26
18:1333(D)(2), 18:1333(D)(1), an application must be received by the registrar not27
earlier than sixty days or later than 4:30 p.m. on the fourth day prior to the election28
for which it is requested, and the date received shall be noted thereon. However, if29 HLS 12RS-196 REENGROSSED
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the deadline falls on a Saturday, Sunday, or other legal holiday, then the next day1
which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day2
of the deadline.3
* * *4
H. If the applicant is eligible to vote absentee by mail pursuant to R.S.5
18:1303(H), his application, if such application meets the requirements of this6
Section, shall remain valid as long as the applicant is a program participant in the7
Department of State Address Confidentiality Program pursuant to Part III of Chapter8
1 of Title 44 of the Louisiana Revised Statutes of 1950. When the applicant ceases9
participation in the program, the Department of State shall notify the registrar of the10
parish where the applicant is registered to vote that the applicant is no longer a11
participant in the program. Upon receipt of the notification from the Department of12
State, the registrar shall send notice by forwardable mail to the applicant that his13
application will no longer be valid, and the applicant shall be required to submit a14
new application to the registrar that meets the requirements of this Section and15
provide a current address before the applicant will be eligible to vote absentee by16
mail again pursuant to this Section.17
H. I. If the registrar of voters has reason to believe that the eligibility of a18
voter to vote absentee by mail pursuant to R.S. 18:1303(I) is based upon false or19
fraudulent information, he shall immediately notify the parish board of election20
supervisors. If, after appropriate hearing and opportunity for the voter to be heard,21
the parish board of election supervisors finds that the voter's eligibility to vote22
absentee by mail was based upon false or fraudulent information, the board shall23
inform the appropriate district attorney and the registrar of voters who shall not allow24
the voter to vote absentee by mail pursuant to R.S. 18:1303(I).25
* * *26
§1308. Absentee voting by mail27
A.(1)(a) Beginning with the date on which the registrar receives the absentee28
by mail ballots and other necessary paraphernalia from the secretary of state, and29 HLS 12RS-196 REENGROSSED
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thereafter, immediately upon receipt of an application by mail, the registrar shall1
mail the necessary instructions, certificates, ballots, and envelopes to the applicant2
at the address furnished by the applicant. The registrar shall detach the perforated3
slip from the absentee by mail ballot before mailing it to the voter and shall retain4
the slip in the records of his office for six months.5
(b) If the voter feels he will not have time to vote timely by mail, the voter6
may request that the registrar transmit to him by facsimile a ballot, including the7
affidavit, or a second ballot, as the case may be, and the registrar shall do so if he has8
a facsimile machine in his office. However, the registrar shall not be required to9
send a second ballot by facsimile if the voter received a ballot by mail. The voter10
may then mail his voted ballot, including the affidavit, back to the registrar or11
transmit it by facsimile if the registrar has a facsimile machine in his office. If the12
voter transmits his voted ballot to the registrar by facsimile, the documents to be13
transmitted shall contain the following statement: "I understand that by faxing my14
voted ballot I am voluntarily waiving my right to a secret ballot." This statement15
shall be followed by the voter's handwritten signature, date, and social security16
number. Upon receipt of the transmittal, the registrar shall place the voted ballot17
along with the signed statement and affidavit in an appropriately marked envelope18
and seal it. The registrar and his staff shall take the steps necessary to keep the voted19
ballots received by facsimile as confidential as practicable.20
(2)21
* * *22
(d) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,23
with respect to members of the United States Service and persons residing outside24
the United States who are registered to vote, these materials may be electronically25
transmitted for candidates for state, local, and municipal offices and shall include the26
special ballot or ballots as provided in R.S. 18:1306(A)(4) for the general election.27
(e) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,28
with respect to members of the United States Service and persons residing outside29 HLS 12RS-196 REENGROSSED
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the United States who are registered to vote, these materials may be electronically1
transmitted for candidates for political party offices.2
(f) Notwithstanding the provisions of Subparagraph (a) of the Paragraph,3
with respect to members of the United States Service and persons residing outside4
the United States who are registered to vote, these materials may be electronically5
transmitted for recall, proposed constitutional amendments, proposition, and question6
elections.7
(g) For mailed ballots, the envelope mailed to the voter shall contain four8
envelopes, two of which shall be the ballot envelopes and two of which shall be9
return envelopes. Each return envelope shall bear the official title and mailing10
address of the registrar, whether it contains a primary or general election ballot, and11
the name, return address, and precinct or district number of the voter. The voter shall12
return his voted primary election ballot and special ballot for the general election to13
the registrar in the appropriate envelopes. The registrar of voters shall mail a regular14
general election absentee ballot to a member of the United States Service or to15
persons residing overseas only if the regular general election absentee ballot includes16
one or more elections that were not included on the special ballot sent, as provided17
herein, to such voter. The envelope for the special ballot shall contain language on18
the outside of the envelope that clearly designates which envelope is to be used for19
return of the general election ballot.20
(e)(h)(i) For electronically transmitted presidential preference primary,21
presidential, congressional primary, and congressional general election ballots, the22
registrar shall transmit the ballot or ballots, certificate, and waiver of the right to a23
secret ballot to the voter for each ballot mailing. The waiver of the right to a secret24
ballot shall contain the following statement: "My ballot was transmitted25
electronically to me and I am voluntarily waiving my right to a secret ballot." The26
statement shall also contain a space for the voter's handwritten signature, the date,27
and the voter's social security number. The voter shall return by mail his voted ballot28
or ballots, completed certificate, and signed waiver of the right to a secret ballot for29 HLS 12RS-196 REENGROSSED
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each ballot mailing. The registrar and his staff shall take the steps necessary to keep1
each voted ballot that was transmitted electronically as confidential as practicable.2
(ii) The voter may use a separate "Security Envelope" and ballot transmittal3
envelope from the Federal Write-in Absentee Ballot to mail the electronically4
transmitted presidential preference primary, presidential, congressional primary, or5
congressional general election ballot or ballots, certificate, and waiver of the right6
to a secret ballot to the parish registrar of voters for each ballot mailing.7
(f) (i) Notwithstanding the provisions of Subparagraphs (a), (b), (c), and (d)8
through (f) of this Paragraph, a voter who is a member of the United States Service9
or who resides outside the United States and who feels he will not have time to vote10
timely by mail, may request that the registrar transmit to him by facsimile a ballot,11
including the certificate, or a second ballot, as the case may be, and the registrar shall12
do so. The voter may then either mail or transmit by facsimile his voted ballot and13
certificate back to the registrar at the facsimile machine number designated by the14
registrar. If the voter chooses to transmit his voted ballot to the registrar by15
facsimile, the documents to be transmitted shall contain the following statement: "I16
understand that by faxing my voted ballot I am voluntarily waiving my right to a17
secret ballot." This statement shall be followed by the voter's handwritten signature,18
date, and social security number. Upon receipt of the transmittal, the registrar shall19
place the voted ballot along with the signed statement and certificate in an20
appropriately marked envelope and seal it. The registrar and his staff shall take the21
steps necessary to keep the voted ballots received by facsimile as confidential as22
practicable.23
(g) (j) The secretary of state as the chief election officer of the state shall24
take all actions reasonably necessary to allow members of the United States Service25
and persons residing outside the United States to vote according to the Uniformed26
and Overseas Citizens Absentee Voting Act or otherwise during a period of declared27 HLS 12RS-196 REENGROSSED
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emergency, whether by mail, facsimile, or other means of transmission of the ballot,1
notwithstanding any provision of this Code to the contrary.2
* * *3
§1308.1. Absentee voting by person serving on sequestered jury4
A. Immediately upon receipt of an application, the registrar shall deliver the5
necessary instructions, certificates, ballots, and envelopes to the officer of the court6
in charge of the sequestered jury on which the applicant is serving, at the address7
furnished by the applicant. The registrar shall detach the perforated slip from each8
absentee ballot before delivering it to the officer, shall retain the slip from each9
absentee ballot before delivering it to the officer, and shall retain the slip in the10
records of his office for six months. Each envelope delivered to the officer shall11
contain two envelopes, one of which shall be the ballot envelope and the other shall12
be a return envelope bearing the official title and mailing address of the registrar and13
the name, return address, and precinct or district number of the voter. This latter14
envelope shall be used by each voter to return his ballot.15
* * *16
§1309. Early voting application and early voting17
* * *18
D.(1) Before any voter is allowed to vote during early voting, the registrar19
or his deputy shall establish the voter's identity by requiring him to submit a20
Louisiana driver's license, a Louisiana special identification card issued pursuant to21
R.S. 40:1321, or other generally recognized picture identification card that contains22
the name and signature of the voter. If the voter does not have a Louisiana driver's23
license, a Louisiana special identification card, or other generally recognized picture24
identification card that contains the name and signature of the voter, the voter shall25
complete and sign, in the presence of the registrar or his deputy, an affidavit to that26
effect provided by the secretary of state, which affidavit shall include the voter's date27
of birth and mother's maiden name. If the voter is unable to read or write or is28
otherwise unable to complete the affidavit due to disability, the voter may receive29 HLS 12RS-196 REENGROSSED
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assistance in completing the affidavit, and the registrar or his deputy shall make a1
notation on the affidavit. The voter may receive the assistance of any person of his2
choice, including the registrar or his deputy, except a candidate, the voter's employer3
or employer's agent, or the voter's union agent. The registrar or his deputy shall4
retain the affidavit in the office of the registrar of voters, and the voter shall provide5
further identification by presenting his current registration certificate, giving his date6
of birth, or providing to the registrar or his deputy, upon request, other information7
regarding the voter contained in the precinct register. If satisfied that the voter has8
identified himself as the voter named on the precinct register or list kept by the9
registrar and that he is qualified to vote, the registrar or his deputy shall initial the10
precinct register or list kept by the registrar opposite the voter's signature or mark.11
The voter then shall be allowed to vote. A voter who votes without the picture12
identification required by this Paragraph is subject to challenge as provided in R.S.13
18:1315.14
* * *15
E.16
* * *17
(4)(a) A voter shall not remain in a voting machine longer than three18
minutes. If a voter fails to leave a voting machine promptly after the registrar or19
deputy registrar has notified him that three minutes have elapsed, the registrar or20
deputy registrar shall have the voter removed from the voting machine.21
(b) Notwithstanding Subparagraph (a) of this Paragraph, a voter receiving22
assistance in voting pursuant to R.S. 18:1309.3 or a voter using the audio ballot shall23
be allowed to remain in a voting machine for up to twenty minutes. If such a voter24
fails to leave a voting machine promptly after the registrar or deputy registrar has25
notified him that twenty minutes have elapsed, the registrar or deputy registrar shall26
have the voter removed from the voting machine.27
(4)(a) (5)(a) In order to cast a vote on a voting machine, a voter shall make28
a selection in a candidate or proposition election. Voting is completed by activating29 HLS 12RS-196 REENGROSSED
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the cast vote mechanism. If the voter has made any selection in a candidate or1
proposition election but has failed to activate the cast vote mechanism, the registrar2
or his deputy, observed by a deputy registrar or, in the absence of a deputy registrar,3
a witness, shall activate the cast vote mechanism for the fled voter without altering4
any selections made by the voter. In the case of vote activation in the presence of a5
witness, the registrar or deputy registrar shall record the name and address of the6
witness.7
(b) In order to cast a vote on a paper ballot, a voter must make a selection for8
a candidate or for or against a proposition by completely filling in the oval to the9
right of a selection and returning the ballot to the appropriate election official within10
the applicable deadline set forth by law. If a voter makes selections for more than11
the number of candidates to be elected for an office or makes selections for and12
against the same proposition, the selections for that office or proposition will be13
void.14
* * *15
§1309.1. Notice of preparation Preparation of machines for early voting;16
examination by candidate or his representative; sealing machines17
A. Prior to the conduct of early voting, At the time of qualifying, the parish18
custodian shall notify each candidate of to contact the registrar of voters for the time19
and place at which the voting machines will be prepared for early voting. The notice20
shall state the time and place at which he will begin preparation of the machines for21
sealing and that the The candidate or his representative may be present to observe the22
preparation of the machines for by the registrar of voters with the assistance of the23
secretary of state's technicians and to observe the testing and sealing of the machines24
by the parish custodian. registrar of voters in the presence of the parish board of25
election supervisors. Each candidate or his representative shall be afforded a26
reasonable opportunity to inspect and test vote the machines view the test vote tape27
for each machine to see that they are in the proper condition for use in the election,28
which opportunity shall not be less than thirty minutes beginning at the time29 HLS 12RS-196 REENGROSSED
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designated by the parish custodian registrar of voters to begin preparation of the1
machines for sealing. However, no candidate, representative, or citizen shall2
interfere with the registrar of voters, secretary of state's technicians, parish custodian,3
board of election supervisors, or any employee or technician or assume any of their4
duties.5
B. Each candidate or representative shall identify to the registrar of voters6
the candidate whom he is representing. In addition, any citizen of this state may be7
present to observe the preparation, testing, and sealing of the machines by the parish8
custodian registrar of voters and shall be afforded an opportunity to inspect the9
machines test vote tape for each machine to see that they are in proper condition for10
use for early voting.11
C. After the machines have been examined by each candidate, or12
representative, or citizen who is present, the parish board of election supervisors13
shall generate a zero tally to ensure that the voting machine's public counter is set at14
zero and that no votes have been cast for any candidate or for or against any15
proposition. The parish custodian registrar of voters shall then seal the voting16
machine.17
* * *18
§1313. Tabulation and counting of absentee by mail and early voting ballots19
* * *20
F. The procedure for counting absentee by mail or early voting ballots shall21
be as follows:22
* * *23
(9) If a ballot is physically damaged or cannot properly be counted by the24
counting equipment and the vote cast by the voter is clearly discernable from a25
physical inspection of the defective ballot, a true duplicate may be made of the26
defective ballot in the presence of witnesses and substituted for the ballot. The27
duplicate ballot shall be clearly labeled "duplicate", bear a ballot number which shall28
be recorded on the defective ballot, and be counted in lieu of the defective ballot.29 HLS 12RS-196 REENGROSSED
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After a ballot has been duplicated, the defective ballot shall be placed in the special1
absentee by mail and early voting ballot envelope, and the duplicate ballot shall be2
counted with the other valid ballots. 3
(10) Prior to utilizing any absentee by mail and early voting counting4
equipment, the parish board of election supervisors shall generate a zero tally to5
ensure that the equipment's candidate and question counter are set at zero and that6
no votes have been cast for any candidate or for or against any proposition.7
(10) (11) The absentee by mail and early voting votes cast for a candidate8
and those cast for and against a proposition shall be counted and the total number of9
absentee by mail and early voting votes cast for a candidate and those cast for and10
against a proposition shall be announced in the order the offices and candidates and11
propositions are listed on the ballot. The members of the board shall enter the total12
number of votes on the final absentee by mail and early voting vote report and shall13
certify the results.14
* * *15
I.16
* * *17
(2)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection,18
if the number of absentee by mail and early voting ballots cast for all candidates for19
an office could make a difference in the outcome of the election for such office, upon20
the written request of a candidate for such office, the board shall recount the absentee21
by mail ballots by hand or scanning equipment and early voting ballots22
electronically, unless paper ballots were used for early voting and in such case, the23
ballots shall be recounted by hand for such office.24
* * *25
§1314. Absentee by mail and early voting commissioners26
* * *27
B. Selection for primary election. (1) The parish board of election28
supervisors shall determine the number of absentee by mail and early voting29 HLS 12RS-196 REENGROSSED
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commissioners necessary to count the absentee by mail and early voting ballots in1
the parish. The parish board of election supervisors shall select a minimum2
maximum of three six such commissioners. If the parish board of election3
supervisors determines that the number of absentee by mail and early voting4
commissioners should be increased to more than six, the parish board shall make a5
request to the secretary of state for the additional absentee by mail and early voting6
commissioners. If the secretary of state or his designee determines that there is a7
need for the additional absentee by mail and early voting commissioners, the parish8
board shall select the additional absentee by mail and early voting commissioners.9
* * *10
C. Selection for general election. (1)11
* * *12
(b) If it determines that the number cannot be reduced or should be13
increased, those persons who served as absentee by mail and early voting14
commissioners and alternate absentee by mail and early voting commissioners for15
the parish in the primary election shall serve in the general election, unless replaced16
or disqualified in the manner provided by law for commissioners and alternate17
commissioners. The number of absentee by mail and early voting commissioners for18
a general election shall not be less than three. If the parish board of election19
supervisors determines that the number of absentee by mail and early voting20
commissioners should be increased to more than the number of such commissioners21
who served in the primary election, the parish board shall make a request to the22
secretary of state for the additional absentee by mail and early voting commissioners.23
If the secretary of state or his designee determines that there is a need for the24
additional absentee by mail and early voting commissioners, the parish board shall25
select the additional absentee by mail and early voting commissioners.26
* * *27
(3) If the parish board determines and the secretary of state or his designee28
determine that the number of absentee by mail and early voting commissioners29 HLS 12RS-196 REENGROSSED
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should be increased, the parish board shall meet at 10:00 a.m. on the fifth day before1
a general election and shall select the additional absentee by mail and early voting2
commissioners and alternate absentee by mail and early voting commissioners to3
serve in the general election for that parish from the list of certified commissioners4
who have not been chosen to serve in the general election as a5
commissioner-in-charge, commissioner, or, if applicable, absentee by mail and early6
voting commissioner in the manner provided by law for the selection of7
commissioners and alternate commissioners. If there are not enough certified8
commissioners to select the appropriate number of absentee by mail and early voting9
commissioners and alternate absentee by mail and early voting commissioners, the10
board of election supervisors may select a qualified elector of the parish to serve;11
however, no such elector shall serve as an absentee by mail and early voting12
commissioner if a certified commissioner has been selected as an alternate absentee13
by mail and early voting commissioner.14
D. Selection for provisional ballot counting for a primary or general election.15
* * *16
(2) Upon approval by the secretary of state or his designee, the parish board17
of election supervisors shall appoint the approved number of absentee by mail and18
early voting commissioners for assistance to the board in counting and tabulating the19
provisional ballots.20
* * *21
§1352. Use of voting machines throughout state; exception for failure of voting22
equipment, absentee by mail and early voting 23
A. Voting machines shall be used throughout this state in all elections. ;24
however, nothing 25
B. Notwithstanding the provisions of Subsection A of this Section, paper26
ballots may be used when voting machines fail.27 HLS 12RS-196 REENGROSSED
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C. Nothing in this Chapter shall prohibit absentee by mail and early voting1
as otherwise provided in this Title.2
* * *3
§1401. Objections to candidacy, contests of elections, contests of certification of4
recall petition; parties authorized to institute actions5
* * *6
F. A public officer who alleges that except for substantial irregularities or7
error or except for fraud or other unlawful activities in the conduct of the election he8
would not have been recalled may bring an action contesting the election.9
§1402. Proper parties10
* * *11
C. The secretary of state, in his official capacity, shall be made a party12
defendant to any action contesting an election for public office or an election for the13
recall of a public officer. The secretary of state, in his official capacity, shall be14
made defendant to any action objecting to the calling of a special election. The15
secretary of state, in his official capacity, shall be made a party defendant to any16
action contesting the certification of a recall petition. When named as a defendant17
in an action contesting an election, costs of court shall not be assessed against the18
secretary of state. When named as a defendant in an action contesting the19
certification of a recall petition, costs of court shall not be assessed against the20
secretary of state.21
* * *22
§1404. Venue23
* * *24
E. An action contesting an election for the recall of a public officer shall be25
instituted in the district court for a parish included in whole or in part in the voting26
area wherein the recall election is held; however, if the public officer recalled is a27
statewide elected official, an action contesting the election shall be instituted in the28
district court for the parish where the state capitol is situated.29 HLS 12RS-196 REENGROSSED
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§1405. Time for commencement of action1
* * *2
B. An action contesting any election involving election to office shall be3
instituted on or before not later than 4:30 p.m. of the ninth day after the date of the4
election, and no such contest shall be declared moot because of the performance or5
nonperformance of a ministerial function including but not limited to matters relating6
to the printing of ballots for the general election.7
* * *8
H. An action contesting any election involving the recall of a public officer9
shall be instituted not later than 4:30 p.m. of the ninth day after the date of the10
election.11
§1406. Petition; answer; notification12
* * *13
B. The petition shall set forth in specific detail the facts upon which the14
objection or contest is based. If the action contests an election involving election to15
office, the petition shall allege that except for substantial irregularities or error, fraud,16
or other unlawful activities in the conduct of the election, the petitioner would have17
qualified for a general election or would have been elected. If the action contests an18
election involving the recall of a public officer, the petition shall allege that except19
for substantial irregularities or error, fraud, or other unlawful activities in the conduct20
of the election, the petitioner would not have been recalled. The trial judge may21
allow the filing of amended pleadings for good cause shown and in the interest of22
justice.23
* * *24
§1415. Discovery prior to filing a suit contesting an election25
* * *26
B. Provided an action contesting an election involving the recall of a public27
officer has not been filed pursuant to R.S. 18:1405(H), the recalled public officer28
may conduct limited discovery as provided in this Section during the period of time29 HLS 12RS-196 REENGROSSED
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after the close of the polls on election day and prior to the expiration of time to file1
a suit 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
F. G. A candidate or recalled public officer who conducts limited discovery26
as provided in this Section shall be responsible for all reasonable costs associated27
with such discovery.28
* * *29 HLS 12RS-196 REENGROSSED
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§1431. Fraudulent or illegal votes; uncounted votes; determination of election result1
When the court finds that one or more of the votes cast in a contested election2
are illegal or fraudulent, the judge shall subtract such vote or votes from the total3
votes cast for the candidate who received them if the contest involves election to4
office, or from the total vote for or against a proposition, if the contest is of an5
election upon a proposition, or from the total vote for or against the recall of a public6
officer if the contest involves an election for the recall of a public officer. If the7
court determines that legal votes cast in the election were excluded in the total votes8
cast on a candidate, or proposition, or recall, then these excluded legal votes shall be9
added to the total votes on the candidate, or the proposition, or recall to which they10
are attributable. Thereafter, and after considering all the evidence, the court shall11
determine the result of the election.12
§1432. Remedies13
A.(1) If the trial judge in an action contesting an election determines that:14
(1) it is impossible to determine the result of election, or (2) the number of qualified15
voters who were denied the right to vote by the election officials was sufficient to16
change the result in the election, if they had been allowed to vote, or (3) the number17
of unqualified voters who were allowed to vote by the election officials was18
sufficient to change the result of the election if they had not been allowed to vote, or19
(4) a combination of the these factors referred to in (2) and (3) in this Subsection20
would have been sufficient to change the result had they not occurred, the judge may21
render a final judgment declaring the election void and ordering a new primary or22
general election for all the candidates, or, if the judge determines that the appropriate23
remedy is the calling of a restricted election, the judge may render a final judgment24
ordering a restricted election, specifying the date of the election, the appropriate25
candidates for the election, the office or other position for which the election shall26
be held, and indicating which voters will be eligible to vote.27
(2) If the trial judge in an action contesting an election for the recall of a28
public officer determines that: it is impossible to determine the result of election,29 HLS 12RS-196 REENGROSSED
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or the number of qualified voters who were denied the right to vote by the election1
officials was sufficient to change the result in the election, if they had been allowed2
to vote, or the number of unqualified voters who were allowed to vote by the election3
officials was sufficient to change the result of the election if they had not been4
allowed to vote, or a combination of these factors would have been sufficient to5
change the result had they not occurred, the judge may render a final judgment6
declaring the election void and ordering a new recall election, or, if the judge7
determines that the appropriate remedy is the calling of a restricted election, the8
judge may render a final judgment ordering a restricted election, specifying the date9
of the election, and indicating which voters will be eligible to vote.10
* * *11
§1433. Revote in precincts where voting machine malfunctions if result cannot be12
otherwise ascertained13
A. Notwithstanding the provisions of R.S. 18:1432, if a discrepancy14
sufficient to change the result of the election between the total votes cast at an15
election and the votes counted for the candidates in the election or for or against the16
recall of a public officer occurs as a result of a voting machine malfunction, and an17
accurate count of the votes cast on the malfunctioning machine cannot be determined18
by the offering of circumstantial evidence or any other evidence, the court shall order19
a revote in the precinct where the voting machine malfunctioned, which shall be20
limited to those persons listed on the poll list as having cast their ballots in person21
at the polls in the election in which the machine malfunctioned.22
B. Notwithstanding the provisions of R.S. 18:1432, if a discrepancy23
sufficient to change the result of the election between the total votes cast at an24
election and the votes counted for the candidates in the election or for or against the25
recall of a public officer occurs as a result of the malfunction of a voting machine26
used for early voting, and an accurate count of the votes cast on the malfunctioning27
machine cannot be determined by the offering of circumstantial evidence or any28
other evidence, the court shall order a revote of electronic early voting ballots in the29 HLS 12RS-196 REENGROSSED
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parish where the voting machine used for early voting malfunctioned, which shall1
be limited to those persons who voted during early voting in the election.2
* * *3
§1941. Voting Rights Act submission by political subdivisions; copy to secretary4
of state5
A. Each political subdivision of this state which submits for preclearance any6
proposed change in voting practice or procedure pursuant to Section 5 of the Voting7
Rights Act of 1965 shall, at the same time as the submission, send a copy of its8
submission, by certified mail, to the secretary of state , clerk of court, and registrar9
of voters. The political subdivision shall also send to the secretary of state, clerk of10
court, and registrar of voters, by certified mail, a copy of any response to the11
submission.12
B. The entity responsible for sending a copy of the submission and any13
response thereto to the secretary of state, clerk of court, and registrar of voters, as14
required pursuant to this Section, is the submitting authority as defined in the Voting15
Rights Act of 1965.16
* * *17
Section 2. R.S. 18:1284(F) and 1299.1 are hereby amended and reenacted to read18
as follows:19
§1284. Resolution calling election; proposition20
* * *21
F.(1) The preparation of the statement of the proposition to be submitted to22
the voters at an election shall be the responsibility of the governing authority of the23
political subdivision ordering the election. The statement of the proposition shall24
also include a simple and unbiased concise summary in easily understood language25
which sets forth the substance of the proposition include the information required by26
this Section in simple, unbiased, concise, and easily understood language and be in27
the form of a question. The statement of the proposition, including the summary,28 HLS 12RS-196 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. R.S. 18:1317 is hereby repealed in its entirety.22
Section 4.(A) This Section, Section 1, and Section 3 of this Act shall become23
effective upon signature of this Act by the governor or, if not signed by the governor, upon24
expiration of the time for bills to become law without signature by the governor, as provided25
by Article III, Section 18 of the Constitution of Louisiana. If this Act is vetoed by the26
governor and subsequently approved by the legislature, this Section, Section 1, and Section27
3 of this Act shall become effective on the day following such approval.28
(B) Section 2 of this Act shall become effective on January 1, 2013.29 HLS 12RS-196 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)]
Tim Burns HB No. 852
Abstract: Revises the system of laws comprising the La. Election Code.
Present law (R.S. 18:25) requires the State Board of Election Supervisors to report annually
to the governmental affairs committees of the legislature its findings, observations, and
recommendations concerning all aspects of elections in the state. Requires the report to be
submitted prior to the 90th day before each legislative session. Proposed law instead
requires the report to be submitted by Jan. 15 each year. Otherwise retains present law.
Present law (R.S. 18:104) authorizes the secretary of state to prescribe a form to be used
uniformly by registration officials in registering citizens to vote. Requires certain
information to be included on the form, including the present age and date of birth of the
applicant. Proposed law removes the present age of the applicant from the information
required to be included on the registration application form. Otherwise retains present law.
Present law (R.S. 18:109) requires the Dept. of State to send a notice to the appropriate
registrar and the registrar to mail a notice to the person when the Dept. of State receives
information from a person concerning a new registration or any change in the person's
registration. Proposed law provides that the notices shall be sent when the Dept. of State
receives information concerning a change in name, address, or polling place, not other
changes.
Present law provides that the registrar is not required to send the notice to a voter who has
been on the inactive list of voters for at least two years unless the change in registration
involves a change in address. Proposed law removes language regarding being on the
inactive list for two years. Otherwise retains present law.
Present law requires certain information to be printed on the face of a notice of change in
registration, including directions to the postmaster to "deliver only as addressed; otherwise
return to sender; address correction requested". Proposed law provides instead that "Return
Service Requested" be printed on the face of the notice.
Present law (R.S. 18:152) provides that prior to each election, the registrar shall "request"
a current precinct register and duplicate precinct register for each precinct in the parish
where an election is to be held. Proposed law requires the registrar to "obtain" one current
copy of the precinct register and repeals the requirement for a hard copy duplicate precinct
register. Provides that the Dept. of State will provide the registrar with a duplicate precinct
register in electronic form instead.
Present law (R.S. 18:154) prohibits the registrar and the Dept. of State from disclosing
certain voter information, including the day and month of the date of birth of a voter.
Provides an exception for the transmission of voter registration data to the office of motor
vehicles of the Dept. of Public Safety and Corrections, for the purposes of verifying the
accuracy and authenticity of the social security number, driver's license number, or full date
of birth provided by the voter. Proposed law retains present law, but prohibits the office of
motor vehicles from disclosing voter registration data except to transmit such information
to the U.S. Social Security Administration for the purposes of verifying the accuracy and
authenticity of the social security number provided by the voter. HLS 12RS-196 REENGROSSED
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Proposed law additionally provides exceptions for transmitting the full date of birth of a
voter to the Supervisory Committee on Campaign Finance Disclosure to verify the identity
of a candidate for purposes of campaign finance reporting and for providing a clerk of court
the full date of birth of a registered voter for the preparation of a general venire selection in
accordance with present law (R.S. 18:175). Prohibits the supervisory committee and a clerk
of court from disclosing such information.
Present constitution (Art. 1, §10) provides that a person's right to vote may be suspended
while he is under an order of imprisonment for conviction of a felony. Present law (R.S.
18:177) provides procedures and requirements for reinstating a voter registration that has
been suspended because of conviction of a felony. Generally requires the person to appear
in the office of the registrar and provide documentation from the appropriate correction
official showing the person is no longer under an order of imprisonment. Proposed law
retains present law.
Present law provides an exception to the requirement to appear in person in the office of the
registrar for certain disabled persons who qualify to vote under present law provisions
regarding a special program for voters residing in nursing homes. Proposed law repeals
present law and provides documentation may be provided by mail, facsimile, commercial
carrier, or hand delivery for the following:
(1)A person who has been approved by the parish board of election supervisors as being
eligible to participate in the Special Program for Handicapped Voters as such
program existed prior to Jan. 1, 2010.
(2)A person who has submitted to the registrar current proof of disability from a
physician along with a certification from the physician indicating that by reason of
the person's disability the person is unable to appear in person to vote either during
early voting or at the polling place on election day.
Present law provides that elections may not be held on certain prohibited days, including
certain religious holidays. Provides that if the date of any election falls on any of the
prohibited days, the election shall be held on the same weekday of the preceding week.
Proposed law retains present law and additionally provides that if the date for the general
election is advanced in accordance with present law, the primary election shall be advanced
the same number of weeks as the general election.
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. 18:431) 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 requires the clerk of court to file a report with the parish board of election
supervisors and to the secretary of state following each course of instruction detailing certain
information about the course and about the persons who attended the course. Proposed law
removes the requirement that the clerk "file" the report with the secretary of state and
provides instead that the clerk shall provide such report in the manner required by the
secretary. Otherwise retains present law. HLS 12RS-196 REENGROSSED
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Present law (R.S. 18:461) provides that a person who desires to become a candidate in a
primary election shall qualify by timely filing notice of his candidacy, which shall be
accompanied either by a nominating petition or by the qualifying fee and any additional fee
imposed. Provides requirements for nominating petitions. Proposed law retains present law.
Present law (R.S. 18:465) provides requirements for nominating petitions, including the
number of qualified voters that must sign a petition. Provides that the registrars of voters
in the parishes where signers reside certify that the petition was signed by a sufficient
number of qualified voters. Requires petitions to be submitted to the registrars for such
purposes. Proposed law retains present law.
Present law provides that a nominating petition shall be submitted to the appropriate
registrars not less than 30 days before the qualifying period ends for candidates in the
primary election or, in the case of presidential electors, in the presidential election, except
that in a special election a nominating petition shall be submitted by the candidate to the
registrars of voters in such parishes prior to the opening of the qualifying period.
Proposed law provides that for a special election to fill a vacancy in the office of state
legislator or U.S. representative, the nominating petition must be submitted to the registrars
not less than 14 days before the end of the qualifying period. Provides that for other special
elections, the nominating petition must be submitted not less than 30 days before the end of
the qualifying period. Otherwise retains present law.
Present law (R.S. 18:532.1) authorizes parish governing authorities to change the
configuration, boundaries, or designation of election precincts by ordinance, subject to
certain limitations and requirements. Requires a parish governing authority to, within 15
days after the adoption of such an ordinance, send to the secretary of the Senate and the clerk
of the House of Representatives as well as the secretary of state a certified copy of the
ordinance and a copy of a map showing the new precinct boundaries together with a written
description of such boundaries. Proposed law retains present law and additionally provides
that such information shall also be sent to the clerk of court and registrar of voters.
Present law (R.S. 18:562 and 1309) provides prerequisites to voting on election day and
during early voting. Provides procedures for identifying a potential voter. Requires each
such person to present to the election officials a La. driver's license, a La. special
identification card issued pursuant to present law (R.S. 40:1321), or other generally
recognized picture identification card that contains the name and signature of the person.
Provides, however, that if the person does not have such an identification card, the person
shall sign an affidavit, which is supplied by the secretary of state, to that effect before the
election officials who shall place the affidavit in the envelope marked "Registrar of Voters"
and attach the envelope to the precinct register. Requires the person to provide further
identification by presenting his current registration certificate, giving his date of birth, or
providing other information stated in the precinct register that is requested by the election
officials. Provides that a person who is allowed to vote without the picture identification
card required by present law is subject to challenge as provided in present law (R.S. 18:565).
Proposed law provides that the affidavit must be completed and signed by the person and
that the affidavit contain the person's date of birth and mother's maiden name. Provides that
if the person is unable to read or write or is otherwise unable to complete the affidavit due
to disability, the person may receive assistance in completing the affidavit and the election
official shall make a notation on the affidavit. Provides that the person may choose who
assists him, subject to certain specific restrictions. Removes provisions requiring the person
to provide further identification. Otherwise retains present law.
Present law (R.S. 18:562) provides that a person who presents himself to vote on election
day shall be allowed to do so when the commissioner is satisfied that the person has
identified himself as the voter named on the precinct register and that he is qualified to vote. HLS 12RS-196 REENGROSSED
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Proposed law retains present law and adds such language to provisions relative to early
voting (R.S. 18:1309).
Present law (R.S. 18:591, 602, and 604) provides a 10-day deadline for making an
appointment to fill a vacancy in the offices of elective members of state boards and
commissions and certain local and municipal offices. Provides a 10-day deadline for issuing
a proclamation calling a special election for certain offices. Proposed law extends the
deadlines to 20 days.
Present law (R.S. 18:602) provides for vacancies in the office of a member of a parish or
municipal governing authority or a combination thereof, a mayor, or any other local or
municipal office, except member of a city or parish school board, district attorney, clerk of
a district court, coroner, sheriff, tax assessor, judge, state legislator, or marshal of a city or
municipal court, and the office is filled by election wholly within the boundaries of a local
governmental subdivision. Provides that if the unexpired term of such a municipal office
is one year or more, but the vacancy occurs within one year of the regular municipal primary
election for that office, no special election will be called and the appointee shall serve for
the remainder of the term of office. Proposed law applies provisions of present law relative
to the holding of a special election based on the timing of the regular primary election to
parish offices covered by present law. Otherwise retains present law.
Present law (R.S. 19:1284 and 1299.1) provides relative to bond, debt, and tax elections and
other elections where a proposition or question is put to the voters. Provides requirements
for a statement of a proposition to be submitted to the voters. Provides that the statement
is the responsibility of the governing authority, political subdivision, or other entity calling
the election. Requires certain information to be included, including a simple, unbiased, and
concise summary of the proposition. Provides that the statement of the proposition shall not
exceed 400 words. Provides that the secretary of state is responsible for ensuring that the
statement of the proposition contains a summary as required by present law.
Proposed law repeals references to a "statement of a proposition" and applies requirements
to the proposition itself. Provides that the proposition shall not exceed 200 words, instead
of 400. Requires the proposition to be stated in the form of a question. Provides that the
secretary of state shall ensure that the proposition complies with proposed law. Otherwise
retains present law.
Present law (R.S. 18:1307) provides relative to voting absentee by mail. Provides
procedures and requirements. Requires a person to make application to the registrar by
letter, over his signature or mark, setting forth certain required information. Proposed law
retains present law.
Present law provides that an application to vote absentee by mail must be received by the
registrar not earlier than 60 days prior to the election. Proposed law repeals present law.
Proposed 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.
Proposed law provides further that an applicant who has a valid La. driver's license or La.
special identification card issued pursuant to present law (R.S. 40:1321) who is registered
to vote, may make application to vote by mail by completing and submitting an electronic
application to vote by mail on the secretary of state's website. HLS 12RS-196 REENGROSSED
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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. 1308) provides procedures for voting absentee by mail. Provides relative
to transmission of absentee by mail election materials. Provides that materials may be
electronically transmitted to members of the U.S. Service and persons residing outside of the
U.S. for federal candidates in congressional elections, presidential preference primary
elections, and presidential elections. Proposed law retains present law and additionally
provides that materials may be transmitted to members of the U.S. Service and persons
residing outside the U.S. for all state and local elections.
Present law provides that if an absentee by mail voter feels he will not have time to vote
timely by mail, the voter may request that the registrar transmit to him by facsimile a ballot.
Proposed law retains present law, but provides that the registrar shall not be required to send
a second ballot by facsimile if the voter received a ballot by mail.
Present law (R.S. 18:1309) provides relative to early voting. Provides procedures and
requirements. Proposed law retains present law and provides that a voter shall not remain
in a voting machine longer than three minutes, or 20 minutes if the voter is entitled to
assistance in voting pursuant to present law (R.S. 18:1309.3) or is using the audio ballot.
Provides that if a voter fails to leave a voting machine promptly after the registrar or deputy
registrar has notified him that the applicable time period has elapsed, the registrar or deputy
registrar shall have the voter removed from the voting machine.
Present law (R.S. 18:1309.1) requires the parish custodian, prior to the conduct of absentee
voting, to provide notice to each candidate of the time and place at which the voting
machines will be sealed for absentee voting in person; that each candidate or his
representative may be present to observe the preparation of the machines; and that each
candidate or his representative will have the opportunity to inspect and test vote the
machines to see that they are in proper condition for the election. Provides that the notice
shall state the time and place at which the parish custodian of voting machines will begin
preparation of the machines for sealing and provides that the reasonable opportunity to
inspect the machines shall not be less than 30 minutes beginning at the time designated by
the parish custodian to begin preparation of the machines for sealing. Prohibits a candidate,
his representative, or citizen from interfering with the registrar of voters, parish custodian,
or any employee or technician or assuming any of their duties.
Proposed law requires each candidate to be notified at the time of qualifying instead of prior
to the conduct of early voting. Provides that a candidate shall be notified to contact the
registrar of voters concerning the time and place at which the voting machines will be
prepared. Repeals provisions requiring the notice to contain the time and place for sealing.
Provides that machines are prepared, tested, and sealed by the registrar in the presence of the
parish board of election supervisors. Provides that a candidate may view the test vote tape
for each machine instead of actually inspecting and testing the machines.
Present law (R.S. 18:1313) relative to the counting and tabulation of absentee by mail and
early voting ballots. Present law provides that the parish board of election supervisors shall
be responsible for the counting and tabulation of all absentee by mail and early voting ballots
in the parish and provides procedures therefor. Provides that the board first determine the
validity of the ballots. Provides that the board then count the ballots and announce the total
number of absentee by mail and early voting votes cast for a candidate and those cast for and
against a proposition in the order the offices and candidates and propositions are listed on
the ballot. Provides that if counting equipment is used, the board must ensure that the
equipment's counters are set to zero prior to use. Requires the members of the board to enter
the total number of votes on the final absentee by mail and early voting vote report and shall
certify the results. HLS 12RS-196 REENGROSSED
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are additions.
Proposed law retains present law and additionally provides that if a ballot is physically
damaged or cannot properly be counted by the counting equipment and the vote cast by the
voter is clearly discernable from a physical inspection of the defective ballot, a true duplicate
may be made of the defective ballot in the presence of witnesses and substituted for the
ballot. Provides that the duplicate ballot shall be clearly labeled "duplicate", bear a ballot
number which shall be recorded on the defective ballot and be counted in lieu of the
defective ballot. Provides that after a ballot has been duplicated, the defective ballot shall
be placed in the special absentee by mail and early voting ballot envelope and the duplicate
ballot shall be counted with the other valid ballots.
Present law provides that upon completion of the tabulation and counting, the board shall
deliver the absentee by mail and early voting ballots to the registrar. Provides, however, that
if the number of absentee by mail and early voting ballots cast for all candidates for an office
could make a difference in the outcome of the election for such office, upon the written
request of a candidate for such office, the board shall recount the absentee by mail and early
voting ballots for such office. Proposed law provides that the absentee by mail ballots shall
be recounted by hand and that the early voting ballots shall be counted electronically unless
paper ballots were used for early voting, in which case the ballots shall be counted by hand.
Otherwise 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.
Present law (R.S. 18:1314) provides relative to absentee by mail and early voting
commissioners. Provides for qualifications and selection. Provides that the parish board of
election supervisors shall determine the number of absentee by mail and early voting
commissioners necessary for an election. Requires the board to select at least three
commissioners for the primary or first party primary election. Allows the board to increase
or decrease the number of absentee by mail and early voting commissioners for a second
party primary or general election.
Proposed law repeals the minimum number of absentee by mail and early voting
commissioners that must be selected and provides for a maximum of six such
commissioners. Requires approval of the secretary of state or his designee if the board seeks
to use more than six absentee by mail and early voting commissioners for an election.
Requires approval of the secretary of state or his designee to increase the number of
commissioners to be used at the second party primary or general election. Provides that a
designee of the secretary of state may approve the number of absentee by mail and early
voting commissioners used to count and tabulate provisional ballots. Otherwise retains
present law.
Present law (R.S. 18:1352) provides that voting machines shall be used throughout the state
in all elections, provided that nothing in present law prohibits absentee by mail and early
voting. Proposed law provides that paper ballots may be used when voting machines fail.
Otherwise retains present law.
Present law provides procedures and time limits for contesting elections. Proposed law
(R.S. 18:1401 and 1402) retains present law and additionally provides procedures and time
limits for contesting recall elections. Provides that a public officer who alleges that, except
for substantial irregularities or error, or except for fraud or other unlawful activities in the
conduct of the election, he would not have been recalled may bring an action contesting the HLS 12RS-196 REENGROSSED
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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, and 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,
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. HLS 12RS-196 REENGROSSED
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are additions.
Present law (R.S. 18:1941) provides that each political subdivision of the state which
submits for preclearance any proposed change in voting practice or procedure pursuant to
federal law (Section 5 of the Voting Rights Act of 1965) shall, at the same time as the
submission, send a copy of its submission, by certified mail, to the secretary of state.
Provides that the political subdivision shall also send to the secretary of state, by certified
mail, a copy of any response to the submission. Proposed law retains present law and
additionally requires that such copies must be sent to the clerk of court and registrar of
voters.
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 become effective
Jan. 1, 2013.
(Amends R.S. 18:25(B), 104(A)(3), 109, 152(C)(2)(a), 154(C), 177(A), 402(F)(2) and (G),
427(B), 431(A)(1)(a) and (3)(a) and (B)(3), 435(A)(1), 465(E)(1)(a), 532.1(F), 562(A)(2),
591, 602(A), (B), (C), (D), (E)(1)(a), (2)(a), and (4), and (F), 604(B)(1) and (2)(a), 1284(F),
1299.1, 1300.13, 1302(2), 1307(B)(2) and (H), 1308(A)(1) and (2)(d), (e), (f), and (g),
1308.1(A), 1309(D)(1) and (E)(4), 1309.1, 1313(F)(9) and (10) and (I)(2)(a), 1314(B)(1),
(C)(1)(b) and (3), and (D)(2), 1352, 1402(C), 1405(B), 1406(B), 1415(B), (C), (D), (E), and
(F), 1431, 1432(A), 1433(A) and (B), and 1941(A) and (B); Adds R.S. 18:1307(B)(1)(d) and
(I), 1308(A)(2)(h), (i), and (j), 1309(E)(5), 1313(F)(11), 1401(F), 1404(E), 1405(H), and
1415(G); Repeals R.S. 18:1317)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original bill.
1. Adds a prohibition against the office of motor vehicles disclosing voter
registration data except to transmit such information to the U.S. Social Security
Administration for the purposes of verifying the accuracy and authenticity of the
social security number provided by the voter.
2. Adds provisions authorizing the Dept. of State or registrar of voters to provide
to a clerk of court the full date of birth of a registered voter for the preparation
of a general venire selection and prohibiting the clerk of court from disclosing
such information.
3. In provisions concerning the completion of voter identification affidavits, adds
a candidate to the list of persons who are prohibited from assisting a voter in
completing an affidavit during early voting and specifies that it is the applicant's
or voter's employer or employer's agent and the applicant's or voter's union agent
that are prohibited from assisting the applicant or voter in completing an affidavit
during early voting or at the polls, respectively.
4. Makes technical changes.
House Floor Amendments to the engrossed bill.
1. Removes provisions of proposed law changing the congressional general election
date.
2. In provisions of proposed law relative to physically damaged absentee by mail
or early voting ballots, replaces language requiring that the board be able to tell
the intent of the voter with the requirement that the vote cast by the voter be HLS 12RS-196 REENGROSSED
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clearly discernable from a physical inspection of the ballot in order for a
duplicate ballot to be made.
3. Makes technical changes.