ENROLLED
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ACT No. 138
Regular Session, 2012
HOUSE BILL NO. 852
BY REPRESENTATIVE TIM BURNS AND SENATOR DONAHUE
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
parish governing authorities; to provide relative to procedures for voting during early22
voting and on election day; to provide relative to identification of voters; to provide23
for the time limits for making appointments to fill vacancies in certain offices; to24 ENROLLEDHB NO. 852
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provide for the time limits for issuing proclamations for special elections to fill1
vacancies in certain offices; to provide relative to the requirements for special2
elections for certain offices; to provide relative to propositions submitted to voters3
at certain elections; to provide relative to recall elections; to provide relative to4
applying to vote absentee by mail; to provide relative to procedures and requirements5
for voting absentee by mail; to provide relative to the transmission of absentee by6
mail materials; to provide relative to absentee by mail ballots; to provide relative to7
the counting and tabulation and recounting of absentee by mail and early voting8
ballots; to provide relative to the preparation of voting machines; to provide relative9
to absentee by mail and early voting commissioners; to provide for the use of paper10
ballots; to provide relative to submission of certain changes in voting practice and11
procedure by political subdivisions; to provide for effectiveness; and to provide for12
related matters.13
Be it enacted by the Legislature of Louisiana:14
Section 1. R.S. 18:25(B), 104(A)(3), 109, 152(C)(2)(a), 154(C), 177(A), 402(F)(2),15
and (G), 427(B), 431(A)(1)(a) and (3)(a) and (B)(3), 435(A)(1), 465(E)(1)(a), 532.1(F),16
562(A)(2), 591, 602(A), (B), (C), (D), (E)(1)(a), (2)(a), and (4), and (F), 604(B)(1) and17
(2)(a), 1300.13, 1302(2), 1307(B)(2) and (H), 1308(A)(1) and (2)(d), (e), (f), and (g),18
1308.1(A), 1309(D)(1) and (E)(4), 1309.1, 1313(F)(9) and (10) and (I)(2)(a), 1314(B)(1),19
(C)(1)(b) and (3), and (D)(2), 1352, 1402(C), 1405(B), 1406(B), 1415(B), (C), (D), (E), and20
(F), 1431, 1432(A), 1433(A) and (B), and 1941(A) and (B) are hereby amended and21
reenacted and R.S. 18:1307(B)(1)(d) and (I), 1308(A)(2)(h), (i), and (j), 1309(E)(5),22
1313(F)(11), 1401(F), 1404(E), 1405(H), and 1415(G) are hereby enacted to read as follows:23
§25. Annual reports24
* * *25
B. The board shall annually report to the House and Governmental Affairs26
Committee of the House of Representatives and the Senate and Governmental27
Affairs Committee of the Senate its findings, observations, and recommendations28
concerning all aspects of elections in this state. The report shall be submitted prior29
to the ninetieth day before each legislative session no later than January fifteenth30 ENROLLEDHB NO. 852
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each year and shall include but shall not be limited to the following subjects: election1
laws in general, registration procedures, election procedures, election officials,2
voting machines, tabulation and transmission of election returns, procedures used for3
casting and counting absentee by mail and early voting ballots, and any other aspect4
of elections the board deems appropriate.5
* * *6
§104. Application for registration; form7
A. The secretary of state, subject to approval by the attorney general as to8
content, shall prescribe the form that shall be used uniformly by each registrar in the9
state and any person authorized to accept voter registration applications in registering10
qualified citizens to vote. The form shall contain spaces for at least the following11
information with respect to the applicant:12
* * *13
(3) Sex, present age, and date of birth.14
* * *15
§109. Notice of registration and change in registration 16
After receiving from the registrar the information concerning a new registrant17
or the information concerning a change in name, address, or polling place made with18
respect to the registration of any person, the Department of State promptly shall mail19
a deliver a notice to the appropriate registrar that the person is registered or that his20
registration has been changed. The registrar shall then mail a the notice, postage21
prepaid, to each new registrant and to each person whose registration was changed22
in any manner a notice that he is registered or that his registration has been changed.23
The notice shall show the parish, ward, precinct, registration address, and party24
affiliation of the registrant. However, the registrar shall not be required to send such25
a notice to any voter who has been is on the inactive list of voters for at least two26
years unless the change in registration involves a change in the voter's address. The27
secretary of state shall prescribe the form to be used on the notice; however, "Return28
Service Requested" shall be printed on the front of the notice shall contain directions29
to the postmaster to "deliver only as addressed; otherwise return to sender; address30 ENROLLEDHB NO. 852
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correction requested", and the return address shall be that of the registrar. When a1
notice is returned by the postmaster, the registrar shall proceed in accordance with2
the applicable provisions of Part V of this Chapter.3
* * *4
§152. Required records5
* * *6
C.7
* * *8
(2)(a) Prior to each election, the registrar shall request a obtain one current9
precinct register and duplicate precinct register for each precinct in the parish where10
an election is to be held. The Department of State shall provide the registrar with11
one duplicate precinct register in electronic form. Such registers shall contain both12
the official list of voters and the inactive list of voters. Each precinct register shall13
contain information for identification of the voter at the polls, a space which the14
voter shall sign at the time he votes, a space for the initials of the commissioner at15
the polls, a space for the date of the election, and space for such other information16
as is deemed necessary.17
* * *18
§154. Records open to inspection; copying; exceptions19
* * *20
C.(1) Notwithstanding the provisions any provision of this Section to the21
contrary, neither the registrar nor the Department of State shall circulate on a22
commercial list or otherwise disclose the following:23
(a) The fact that a registered voter is entitled to assistance in voting.24
(b) or the The social security number , of a registered voter.25
(c) The driver's license number, of a registered voter.26
(d) The day and month of the date of birth, of a registered voter.27
(e) The mother's maiden name, or of a registered voter.28
(f) The electronic mail address of a registered voter. or circulate the fact that29
registered voters are entitled to assistance in voting or the social security numbers,30 ENROLLEDHB NO. 852
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driver's license numbers, day and month of the dates of birth, mother's maiden1
names, or electronic mail addresses of registered voters on commercial lists, except2
when 3
(2)(a) The provisions of Paragraph (1) of this Subsection shall not apply to4
voter registration data is transmitted to the office of motor vehicles of the5
Department of Public Safety and Corrections, for the purposes of verifying the6
accuracy and authenticity of the social security number, driver's license number, or7
full date of birth provided by the voter. The office of motor vehicles shall not8
disclose information concerning a registered voter transmitted pursuant to this9
Subparagraph, except that it may transmit such information to the United States10
Social Security Administration for the purposes of verifying the accuracy and11
authenticity of the social security number provided by the voter.12
(b) Notwithstanding the provisions of Paragraph (1) of this Subsection, the13
Department of State or registrar of voters may transmit the full date of birth of a14
registered voter to the Supervisory Committee on Campaign Finance Disclosure to15
verify the identity of a candidate for purposes of campaign finance reporting. The16
supervisory committee shall not disclose the full date of birth of a registered voter17
transmitted pursuant to this Subparagraph.18
(c) Notwithstanding the provisions of Paragraph (1) of this Subsection, the19
Department of State or registrar of voters may provide to a clerk of court the full date20
of birth of a registered voter for the preparation of a general venire selection in21
accordance with R.S. 18:175. The clerk of court shall not disclose the full date of22
birth of a registered voter provided pursuant to this Subparagraph.23
* * *24
§177. Reinstatement of registration after suspension25
A.(1) The registration of a person whose registration has been suspended by26
the registrar of voters pursuant to R.S. 18:176 for conviction of a felony shall be27
reinstated when the person appears in the office of the registrar and provides28
documentation from the appropriate correction official showing that such person is29
no longer under an order of imprisonment. , provided that any person who qualifies30 ENROLLEDHB NO. 852
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to vote under the special program for physically handicapped voters pursuant to1
Chapter 7-A of this Title may provide such documentation in the manner provided2
for such voters to vote absentee pursuant to R.S. 18:1332 and 1333.3
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, such4
documentation may be provided by mail, facsimile, commercial carrier, or hand5
delivery for the following:6
(a) A person who has been approved by the parish board of election7
supervisors as being eligible to participate in the Special Program for Handicapped8
Voters as such program existed prior to January 1, 2010.9
(b) A person who has submitted to the registrar current proof of disability10
from a physician along with a certification from the physician indicating that by11
reason of the person's disability the person is unable to appear in person to vote12
either during early voting or at the polling place on election day.13
* * *14
§402. Dates of primary and general elections15
* * *16
F. Bond, tax, or other elections. Every bond, tax, or other election at which17
a proposition or question is to be submitted to the voters shall be held only on one18
of the following dates:19
* * *20
(2) The first Saturday in October or Tuesday after the first Monday in21
November of even-numbered years. On the date of a congressional primary or22
general election as provided in Subsection B of this Section.23
* * *24
G.(1) Prohibited days. No election of any kind shall be held in this state on25
any of the days of Rosh Hashana, Yom Kippur, Sukkot, Shemini Atzeret, Simchat26
Torah, the first two days and the last two days of Passover, Shavuot, Tish'a B'Av, the27
two days preceding Labor Day or the three days preceding Easter. If the date of any28
election falls on any of the above-named days, the election shall be held on the same29
weekday of the preceding week.30 ENROLLEDHB NO. 852
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(2) If the date for the general election is advanced in accordance with the1
provisions of Paragraph (1) of this Subsection, the primary election shall be2
advanced the same number of weeks as the general election.3
* * *4
§427. Watchers5
* * *6
B. Powers and duties. A watcher shall be admitted within all parts of the7
polling place during the election day and the counting and tabulation of votes, and8
shall call any infraction of the law to the attention of the commissioners. A watcher9
may keep notes on the conduct of the election, but he shall not take part in the10
counting and tabulation of votes. A watcher shall not electioneer, engage in political11
discussions, or unnecessarily delay a voter at the polling place. A watcher shall be12
subject to the authority of the commissioners and shall not interfere with the13
commissioners in the performance of their duties.14
* * *15
§431. Commissioners; courses of instruction; certificates; reports; list of certified16
persons furnished by parish board of election supervisors 17
A.(1)(a) At least semiannually annually the clerk of court shall conduct a18
general course of instruction for commissioners. These courses Each such course of19
instruction shall be open to the public, and the clerk shall publicize the courses each20
course in a manner reasonably calculated to encourage maximum attendance and21
participation. For informational purposes, the registrar may assist the clerk of court22
in conducting the course.23
* * *24
(3)(a) After each course of instruction for commissioners is completed, the25
clerk of court shall promptly file a report with the parish board of election26
supervisors and the secretary of state stating the time and place the course of27
instruction was held, the number of persons who attended the course, the manner in28
which the course was publicized, and the name, social security number, party29
affiliation, if any, and mailing address of each person who attended the course to30 ENROLLEDHB NO. 852
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whom a certificate of instruction was issued. The clerk of court shall also provide1
a report to the secretary of state in the manner required by the secretary of state.2
* * *3
B.4
* * *5
(3) After the completion of a course of instruction required by this6
Subsection, the clerk of court shall promptly file a report with the parish board of7
election supervisors and the secretary of state stating the name of each person to8
whom a certificate was issued, the kind of certificate, the social security number, the9
party affiliation, and the mailing address of each such person. The clerk of court10
shall also provide a report to the secretary of state in the manner required by the11
secretary of state.12
* * *13
§435. Watchers; appointment and commission14
A. Right to have watchers. (1) Each candidate is entitled to have one watcher15
at every precinct on election day where the office he seeks is voted on in a primary16
or general election. The candidate or his authorized representative shall file one list17
of watchers on a form provided by the secretary of state or on a form which contains18
the same information as required by the form provided by the secretary of state.19
When a candidate's list of watchers is filed by the candidate's authorized20
representative, a letter of authorization from the candidate shall accompany the list21
of watchers; however, in the case of a presidential election, each slate of candidates22
for presidential elector is entitled to have one watcher at every precinct. The state23
central committee of each recognized political party shall be responsible for filing24
the list of watchers for its slate of candidates for presidential elector. The list of25
watchers for an independent or other party slate of candidates for presidential elector26
shall be filed by any person so authorized by the presidential candidate supported by27
the slate of electors. A letter of authorization from the presidential candidate, or an28
authorized agent of his campaign, shall accompany the list of watchers.29
* * *30 ENROLLEDHB NO. 852
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§465. Nominating petitions1
* * *2
E. Certification. (1)(a) A nominating petition shall be submitted to the3
registrars of voters in the parishes where the signers reside. A nominating petition4
shall be submitted to the registrars in such parishes not less than thirty days before5
the qualifying period ends for candidates in the primary election or special election6
called pursuant to R.S. 18:402(E) or, in the case of presidential electors, in the7
presidential election, except that in a special election called pursuant to R.S.8
18:601(A)(2) or 1279, a nominating petition shall be submitted by the candidate to9
the registrars of voters in such parishes prior to the opening of the qualifying period.10
not less than fourteen days before the qualifying period ends for candidates in the11
special election.12
* * *13
§532.1. Changing boundaries14
* * *15
F. Within fifteen days after the adoption of the ordinance as provided in this16
Section, the parish governing authority shall send to the secretary of the Senate and17
the clerk of the House of Representatives, as well as the secretary of state, the clerk18
of court, and the registrar of voters a certified copy of the ordinance and a copy of19
a map showing the new precinct boundaries together with a written description of20
such boundaries.21
* * *22
§562. Prerequisites to voting23
A. Identification of voters.24
* * *25
(2) Each applicant shall identify himself, in the presence and view of the26
bystanders, and present to the commissioners a Louisiana driver's license, a27
Louisiana special identification card issued pursuant to R.S. 40:1321, or other28
generally recognized picture identification card that contains the name and signature29
of the applicant. If the applicant does not have a Louisiana driver's license, a30 ENROLLEDHB NO. 852
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Louisiana special identification card, or other generally recognized picture1
identification card that contains the name and signature of the applicant, the2
applicant shall complete and sign an affidavit, which is supplied by the secretary of3
state, to that effect before the commissioners, which affidavit shall include the4
applicant's date of birth and mother's maiden name. If the applicant is unable to read5
or write or is otherwise unable to complete the affidavit due to disability, the6
applicant may receive assistance in completing the affidavit and the commissioner7
shall make a notation on the affidavit. The applicant may receive the assistance of8
any person of his choice, including a commissioner, except a candidate,9
commissioner-in-charge, the applicant's employer or employer's agent, or the10
applicant's union agent. The commissioners who shall place the affidavit in the11
envelope marked "Registrar of Voters" and attach the envelope to the precinct12
register. and the applicant shall provide further identification by presenting his13
current registration certificate, giving his date of birth, or providing other14
information stated in the precinct register that is requested by the commissioners.15
However, an applicant who is allowed to vote without the picture identification16
required by this Paragraph is subject to challenge as provided in R.S. 18:565.17
* * *18
§591. Vacancy in office of elective members of state boards and commissions 19
Within twenty-four hours after any member of a state board or commission20
has knowledge of a vacancy in an elective office on that state board or commission,21
he shall notify the governor by certified mail of the vacancy, the date on which it22
occurred, and the cause thereof. Within ten twenty days after he is notified of the23
vacancy, the governor shall appoint a person to fill the vacancy who has the24
qualifications for the office. However, if the deadline for making the appointment25
falls on a Saturday, Sunday, or other legal holiday, then the next day which is not a26
Saturday, Sunday, or legal holiday shall be deemed to be the final day for making27
such appointment. If the unexpired term is one year or less, the member so28
appointed shall serve for the remainder thereof. If the unexpired term exceeds one29
year, the governor, within ten twenty days after he is notified of the vacancy, shall30 ENROLLEDHB NO. 852
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issue his proclamation ordering a special election to fill the vacancy, which shall1
specify, in accordance with R.S. 18:402, the dates on which the primary and general2
elections shall be held, and in accordance with R.S. 18:467, 467.1, and 468, the dates3
of the qualifying period for the candidates in the special election. However, if the4
deadline for issuing the proclamation falls on a Saturday, Sunday, or other legal5
holiday, then the next day which is not a Saturday, Sunday, or legal holiday shall be6
deemed to be the final day for issuing such proclamation. Immediately thereafter the7
governor shall publish the proclamation in the official journal of each parish in8
which the election is to be held. Within twenty-four hours after issuing the9
proclamation, the governor shall send a copy of the proclamation to the secretary of10
state who shall within twenty-four hours after receipt of the information notify all11
election officials having any duty to perform in connection with the special election12
to fill such vacancy, including the parish boards of election supervisors for the parish13
or parishes in which the vacancy occurred. The governor may appoint a person to14
fill a vacancy and issue a proclamation ordering a special election when he learns of15
a vacancy, whether or not he has received notice thereof from a state board or16
commission member. Whenever a special election is required, the governor's17
appointee shall serve only until the successor is elected and takes office.18
* * *19
§602. Vacancies in certain local and municipal offices; exceptions20
A. When a vacancy occurs in the office of a member of a parish or municipal21
governing authority or a combination thereof, a mayor, or any other local or22
municipal office, except an office covered by Subsections B and C hereof of this23
Section and except the office of judge, state legislator, or marshal of a city or24
municipal court, and the office is filled by election wholly within the boundaries of25
a local governmental subdivision, the governing authority of the local governmental26
subdivision where the vacancy occurs shall, within ten twenty days, appoint a person27
to fill the vacancy who meets the qualifications of the office. However, if the28
deadline for making the appointment falls on a Saturday, Sunday, or other legal29
holiday, then the next day which is not a Saturday, Sunday, or legal holiday shall be30 ENROLLEDHB NO. 852
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deemed to be the final day for making such appointment. The presiding officer of1
the governing authority shall not be required to vote on such an appointment to be2
made by the governing authority of a local governmental subdivision unless a tie3
vote occurs thereon, in which case he shall vote to break the tie; however, in no case4
shall the presiding officer vote more than once on the appointment.5
B. When a vacancy occurs in the membership of a city or parish school6
board, the remaining members of the board shall, within ten twenty days, declare that7
the vacancy has occurred and proceed to appoint a person who meets the8
qualifications of the office to fill the vacancy. However, if the deadline for making9
the appointment falls on a Saturday, Sunday, or other legal holiday, then the next day10
which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day11
for making such appointment. For the purposes of this Subsection, in addition to the12
definition of "vacancy" provided in R.S. 18:581, a "vacancy" in a city or parish13
school board office shall be deemed to have occurred when, in the case of a city14
school board, a member's residence no longer lies within the jurisdiction of the board15
or when, in the case of a parish school board, a member changes his domicile from16
the district he represents or, if elected after reapportionment, is domiciled outside the17
district he represents at the time he is sworn into office, any declaration of retention18
of domicile to the contrary notwithstanding.19
C. When a vacancy occurs in any of the following offices, the duties of the20
office shall be assumed by the person hereinafter designated: (1) district attorney, by21
the first assistant; (2) clerk of a district court, by the chief deputy; (3) coroner, by the22
chief deputy; (4) sheriff, by the chief criminal deputy, except that in a parish that has23
both a civil sheriff and a criminal sheriff, the civil sheriff by the chief civil deputy,24
and the criminal sheriff, by the chief criminal deputy, respectively; and (5) tax25
assessor, by the chief deputy assessor. If there is no such person to assume the duties26
when the vacancy occurs, the governing authority or authorities of the parish or27
parishes affected shall, within ten twenty days, appoint a person having the28
qualifications of the office to assume the duties of the office. However, if the29
deadline for making the appointment falls on a Saturday, Sunday, or other legal30 ENROLLEDHB NO. 852
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holiday, then the next day which is not a Saturday, Sunday, or legal holiday shall be1
deemed to be the final day for making such appointment.2
D. If a vacancy is not filled within the time specified in Subsections A, B,3
or C herein of this Section, the governor shall fill the vacancy.4
E.(1)(a) If the unexpired term of an office covered by Subsection A, B, or5
C above of this Section is one year or less, the person appointed to fill the vacancy6
or designated to assume the duties of the office shall serve for the remainder of the7
unexpired term.8
* * *9
(2)(a) If the unexpired term exceeds one year, the governing authority of the10
local governmental subdivision in which the vacancy occurs, or the school board11
when the vacancy occurs in its membership, or the governor when a vacancy occurs12
in the office of district attorney or in an office for which there is not a single13
governing authority or as provided in Subsection F of this Section, within ten twenty14
days after the vacancy occurs, shall issue a proclamation ordering a special election15
to fill the vacancy and shall specify in the proclamation, in accordance with R.S.16
18:402, the dates on which the primary and general elections shall be held and, in17
accordance with R.S. 18:467, 467.1, and 468, the dates of the qualifying period for18
candidates in the special election. However, if the deadline for issuing the19
proclamation falls on a Saturday, Sunday, or other legal holiday, then the next day20
which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day21
for issuing such proclamation. In selecting the dates for such special elections, the22
governing authority or school board as the case may be, may choose a gubernatorial23
or congressional election date, if such date is available within a year of the24
occurrence of the vacancy or may select an election date in accordance with R.S.25
18:402. In the cases in which the governor has the authority to select the date for26
such special elections, the governor shall first choose a gubernatorial or27
congressional election date. If no such date is available within a year of the28
occurrence of the vacancy, the governor shall then select an election date in29
accordance with R.S. 18:402. If the governing authority or school board fails to30 ENROLLEDHB NO. 852
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issue the proclamation within ten twenty days after the vacancy occurs, the governor1
shall issue the proclamation.2
* * *3
(4) If the unexpired term of a parish or municipal office covered by4
Subsection A of this Section is one year or more, but the vacancy occurs within one5
year of the regular municipal regularly scheduled primary election for that office, no6
special election will be called, and the appointee shall serve for the remainder of the7
term of office.8
F. Whenever multiple vacancies in a local or municipal governing authority9
or in a school board covered by Subsection A or B of this Section reduce the10
membership of such governing authority or board below the number of total11
members required to constitute a quorum to conduct official business, the remaining12
members shall immediately inform the governor of the existence of the vacancies.13
Within ten twenty days after he receives this notice, the governor shall make14
appointments to fill all the vacancies and shall issue a proclamation calling special15
elections to fill such vacancies if special elections are required under the provisions16
of this Section. However, if the deadline for making the appointment or issuing the17
proclamation, if applicable, falls on a Saturday, Sunday, or other legal holiday, then18
the next day which is not a Saturday, Sunday, or legal holiday shall be deemed to be19
the final day for making such appointment or issuing such proclamation.20
* * *21
§604. Marshal of city or municipal court; temporary absence; vacancy22
* * *23
B.(1) When a vacancy occurs in the office of constable or marshal of a city24
or municipal court and the unexpired term of the office is one year or less, the chief25
deputy shall assume such duties and position and shall serve for the remainder of the26
expired term. However, in those cases where there is no such person to assume the27
duties when the vacancy occurs, the appropriate governing authority shall within ten28
twenty days appoint a person having the qualifications of the office to assume the29
duties of the office for the remainder of the unexpired term. However, if the30 ENROLLEDHB NO. 852
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deadline for making the appointment falls on a Saturday, Sunday, or other legal1
holiday, then the next day which is not a Saturday, Sunday, or legal holiday shall be2
deemed to be the final day for making such appointment. The appointment shall be3
made by the governing authority of the parish, unless the jurisdiction of the city or4
municipal court is wholly within the municipal city limits, in which case, such5
appointment shall be made within ten twenty days by the municipal governing6
authority. However, if the deadline for making the appointment falls on a Saturday,7
Sunday, or other legal holiday, then the next day which is not a Saturday, Sunday,8
or legal holiday shall be deemed to be the final day for making such appointment.9
If the appropriate governing authority fails to fill the vacancy within ten twenty days,10
the governor shall fill the vacancy. The judge of the city or municipal court which11
he serves shall fix the amount of the bond.12
(2)(a) When the unexpired term exceeds one year, the chief deputy shall13
assume such duties and position and shall serve until the successor is elected and14
takes office. If there is no such person to assume the duties when the vacancy15
occurs, the appropriate governing authority shall within ten twenty days appoint a16
person having the qualifications of the office to assume the duties of the office until17
the successor is elected and takes office. However, if the deadline for making the18
appointment falls on a Saturday, Sunday, or other legal holiday, then the next day19
which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day20
for making such appointment. If the appropriate governing authority fails to fill the21
vacancy within ten twenty days, the governor shall fill the vacancy. The appropriate22
governing authority shall, within ten twenty days after the vacancy occurs, issue a23
proclamation ordering a special election to fill the vacancy and shall specify in the24
proclamation, in accordance with R.S. 18:402, the dates on which the primary and25
general elections shall be held and, in accordance with R.S. 18:467, 467.1, and 468,26
the dates of the qualifying period for candidates in the special election. However,27
if the deadline for issuing the proclamation falls on a Saturday, Sunday, or other28
legal holiday, then the next day which is not a Saturday, Sunday, or legal holiday29
shall be deemed to be the final day for issuing such proclamation. If the appropriate30 ENROLLEDHB NO. 852
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governing authority fails to issue the proclamation within ten twenty days after the1
vacancy occurs, the governor shall issue the proclamation.2
* * *3
§1300.13. Declaration of vacancy4
When the majority is in favor of the recall, the public officer is, ipso facto,5
recalled and removed from office, and the office shall be vacated upon receipt by the6
secretary of state of certified returns from all of the parish boards of election7
supervisors within the jurisdiction, expiration of the time period for contesting the8
recall election set forth in R.S. 18:1405(H) if an action contesting the recall election9
is not commenced timely or when the final judgment becomes definitive if an action10
contesting the recall election is commenced timely, and the office shall be filled as11
in the case of ordinary vacancies and according to the constitution and laws of the12
state. A public officer who has been recalled and removed from office shall not be13
appointed to succeed himself in the office from which he was recalled and removed.14
* * *15
§1302. Definitions16
As used in this Chapter, unless the context clearly indicates otherwise, the17
following terms shall have the meanings hereafter ascribed to each:18
* * *19
(2) "Board" means the parish board of election supervisors of each parish.20
If absentee by mail and early voting commissioners are utilized by the parish board21
of election supervisors to count and tabulate absentee votes, the term "board" for the22
purposes of R.S. 18:1306, 1311, 1312, 1313, 1315, and 1316, and 1317 may also23
mean absentee by mail and early voting commissioners.24
* * *25
§1307. Application by mail26
* * *27
B.(1)28
* * *29 ENROLLEDHB NO. 852
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(d) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,1
with respect to applicants who have a valid Louisiana driver's license or Louisiana2
special identification card issued pursuant to R.S. 40:1321 who are registered to vote,3
an application to vote by mail may be made by completing and submitting an4
electronic application to vote by mail on the secretary of state's website.5
(2) Except as provided in Subsections C and D of this Section and R.S.6
18:1333(D)(2), 18:1333(D)(1), an application must be received by the registrar not7
earlier than sixty days or later than 4:30 p.m. on the fourth day prior to the election8
for which it is requested, and the date received shall be noted thereon. However, if9
the deadline falls on a Saturday, Sunday, or other legal holiday, then the next day10
which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day11
of the deadline.12
* * *13
H. If the applicant is eligible to vote absentee by mail pursuant to R.S.14
18:1303(H), his application, if such application meets the requirements of this15
Section, shall remain valid as long as the applicant is a program participant in the16
Department of State Address Confidentiality Program pursuant to Part III of Chapter17
1 of Title 44 of the Louisiana Revised Statutes of 1950. When the applicant ceases18
participation in the program, the Department of State shall notify the registrar of the19
parish where the applicant is registered to vote that the applicant is no longer a20
participant in the program. Upon receipt of the notification from the Department of21
State, the registrar shall send notice by forwardable mail to the applicant that his22
application will no longer be valid, and the applicant shall be required to submit a23
new application to the registrar that meets the requirements of this Section and24
provide a current address before the applicant will be eligible to vote absentee by25
mail again pursuant to this Section.26
H. I. If the registrar of voters has reason to believe that the eligibility of a27
voter to vote absentee by mail pursuant to R.S. 18:1303(I) is based upon false or28
fraudulent information, he shall immediately notify the parish board of election29
supervisors. If, after appropriate hearing and opportunity for the voter to be heard,30 ENROLLEDHB NO. 852
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the parish board of election supervisors finds that the voter's eligibility to vote1
absentee by mail was based upon false or fraudulent information, the board shall2
inform the appropriate district attorney and the registrar of voters who shall not allow3
the voter to vote absentee by mail pursuant to R.S. 18:1303(I).4
* * *5
§1308. Absentee voting by mail6
A.(1)(a) Beginning with the date on which the registrar receives the absentee7
by mail ballots and other necessary paraphernalia from the secretary of state, and8
thereafter, immediately upon receipt of an application by mail, the registrar shall9
mail the necessary instructions, certificates, ballots, and envelopes to the applicant10
at the address furnished by the applicant. The registrar shall detach the perforated11
slip from the absentee by mail ballot before mailing it to the voter and shall retain12
the slip in the records of his office for six months.13
(b) If the voter feels he will not have time to vote timely by mail, the voter14
may request that the registrar transmit to him by facsimile a ballot, including the15
affidavit, or a second ballot, as the case may be, and the registrar shall do so if he has16
a facsimile machine in his office. However, the registrar shall not be required to17
send a second ballot by facsimile if the voter received a ballot by mail. The voter18
may then mail his voted ballot, including the affidavit, back to the registrar or19
transmit it by facsimile if the registrar has a facsimile machine in his office. If the20
voter transmits his voted ballot to the registrar by facsimile, the documents to be21
transmitted shall contain the following statement: "I understand that by faxing my22
voted ballot I am voluntarily waiving my right to a secret ballot." This statement23
shall be followed by the voter's handwritten signature, date, and social security24
number. Upon receipt of the transmittal, the registrar shall place the voted ballot25
along with the signed statement and affidavit in an appropriately marked envelope26
and seal it. The registrar and his staff shall take the steps necessary to keep the voted27
ballots received by facsimile as confidential as practicable.28
(2)29
* * *30 ENROLLEDHB NO. 852
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(d) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,1
with respect to members of the United States Service and persons residing outside2
the United States who are registered to vote, these materials may be electronically3
transmitted for candidates for state, local, and municipal offices and shall include the4
special ballot or ballots as provided in R.S. 18:1306(A)(4) for the general election.5
(e) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,6
with respect to members of the United States Service and persons residing outside7
the United States who are registered to vote, these materials may be electronically8
transmitted for candidates for political party offices.9
(f) Notwithstanding the provisions of Subparagraph (a) of the Paragraph,10
with respect to members of the United States Service and persons residing outside11
the United States who are registered to vote, these materials may be electronically12
transmitted for recall, proposed constitutional amendments, proposition, and question13
elections.14
(g) For mailed ballots, the envelope mailed to the voter shall contain four15
envelopes, two of which shall be the ballot envelopes and two of which shall be16
return envelopes. Each return envelope shall bear the official title and mailing17
address of the registrar, whether it contains a primary or general election ballot, and18
the name, return address, and precinct or district number of the voter. The voter shall19
return his voted primary election ballot and special ballot for the general election to20
the registrar in the appropriate envelopes. The registrar of voters shall mail a regular21
general election absentee ballot to a member of the United States Service or to22
persons residing overseas only if the regular general election absentee ballot includes23
one or more elections that were not included on the special ballot sent, as provided24
herein, to such voter. The envelope for the special ballot shall contain language on25
the outside of the envelope that clearly designates which envelope is to be used for26
return of the general election ballot.27
(e)(h)(i) For electronically transmitted presidential preference primary,28
presidential, congressional primary, and congressional general election ballots, the29
registrar shall transmit the ballot or ballots, certificate, and waiver of the right to a30 ENROLLEDHB NO. 852
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secret ballot to the voter for each ballot mailing. The waiver of the right to a secret1
ballot shall contain the following statement: "My ballot was transmitted2
electronically to me and I am voluntarily waiving my right to a secret ballot." The3
statement shall also contain a space for the voter's handwritten signature, the date,4
and the voter's social security number. The voter shall return by mail his voted ballot5
or ballots, completed certificate, and signed waiver of the right to a secret ballot for6
each ballot mailing. The registrar and his staff shall take the steps necessary to keep7
each voted ballot that was transmitted electronically as confidential as practicable.8
(ii) The voter may use a separate "Security Envelope" and ballot transmittal9
envelope from the Federal Write-in Absentee Ballot to mail the electronically10
transmitted presidential preference primary, presidential, congressional primary, or11
congressional general election ballot or ballots, certificate, and waiver of the right12
to a secret ballot to the parish registrar of voters for each ballot mailing.13
(f) (i) Notwithstanding the provisions of Subparagraphs (a), (b), (c), and (d)14
through (f) of this Paragraph, a voter who is a member of the United States Service15
or who resides outside the United States and who feels he will not have time to vote16
timely by mail, may request that the registrar transmit to him by facsimile a ballot,17
including the certificate, or a second ballot, as the case may be, and the registrar shall18
do so. The voter may then either mail or transmit by facsimile his voted ballot and19
certificate back to the registrar at the facsimile machine number designated by the20
registrar. If the voter chooses to transmit his voted ballot to the registrar by21
facsimile, the documents to be transmitted shall contain the following statement: "I22
understand that by faxing my voted ballot I am voluntarily waiving my right to a23
secret ballot." This statement shall be followed by the voter's handwritten signature,24
date, and social security number. Upon receipt of the transmittal, the registrar shall25
place the voted ballot along with the signed statement and certificate in an26
appropriately marked envelope and seal it. The registrar and his staff shall take the27
steps necessary to keep the voted ballots received by facsimile as confidential as28
practicable.29 ENROLLEDHB NO. 852
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(g) (j) The secretary of state as the chief election officer of the state shall1
take all actions reasonably necessary to allow members of the United States Service2
and persons residing outside the United States to vote according to the Uniformed3
and Overseas Citizens Absentee Voting Act or otherwise during a period of declared4
emergency, whether by mail, facsimile, or other means of transmission of the ballot,5
notwithstanding any provision of this Code to the contrary.6
* * *7
§1308.1. Absentee voting by person serving on sequestered jury8
A. Immediately upon receipt of an application, the registrar shall deliver the9
necessary instructions, certificates, ballots, and envelopes to the officer of the court10
in charge of the sequestered jury on which the applicant is serving, at the address11
furnished by the applicant. The registrar shall detach the perforated slip from each12
absentee ballot before delivering it to the officer, shall retain the slip from each13
absentee ballot before delivering it to the officer, and shall retain the slip in the14
records of his office for six months. Each envelope delivered to the officer shall15
contain two envelopes, one of which shall be the ballot envelope and the other shall16
be a return envelope bearing the official title and mailing address of the registrar and17
the name, return address, and precinct or district number of the voter. This latter18
envelope shall be used by each voter to return his ballot.19
* * *20
§1309. Early voting application and early voting21
* * *22
D.(1) Before any voter is allowed to vote during early voting, the registrar23
or his deputy shall establish the voter's identity by requiring him to submit a24
Louisiana driver's license, a Louisiana special identification card issued pursuant to25
R.S. 40:1321, or other generally recognized picture identification card that contains26
the name and signature of the voter. If the voter does not have a Louisiana driver's27
license, a Louisiana special identification card, or other generally recognized picture28
identification card that contains the name and signature of the voter, the voter shall29
complete and sign, in the presence of the registrar or his deputy, an affidavit to that30 ENROLLEDHB NO. 852
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effect provided by the secretary of state, which affidavit shall include the voter's date1
of birth and mother's maiden name. If the voter is unable to read or write or is2
otherwise unable to complete the affidavit due to disability, the voter may receive3
assistance in completing the affidavit, and the registrar or his deputy shall make a4
notation on the affidavit. The voter may receive the assistance of any person of his5
choice, including the registrar or his deputy, except a candidate, the voter's employer6
or employer's agent, or the voter's union agent. The registrar or his deputy shall7
retain the affidavit in the office of the registrar of voters, and the voter shall provide8
further identification by presenting his current registration certificate, giving his date9
of birth, or providing to the registrar or his deputy, upon request, other information10
regarding the voter contained in the precinct register. If satisfied that the voter has11
identified himself as the voter named on the precinct register or list kept by the12
registrar and that he is qualified to vote, the registrar or his deputy shall initial the13
precinct register or list kept by the registrar opposite the voter's signature or mark.14
The voter then shall be allowed to vote. A voter who votes without the picture15
identification required by this Paragraph is subject to challenge as provided in R.S.16
18:1315.17
* * *18
E.19
* * *20
(4)(a) A voter shall not remain in a voting machine longer than three21
minutes. If a voter fails to leave a voting machine promptly after the registrar or22
deputy registrar has notified him that three minutes have elapsed, the registrar or23
deputy registrar shall have the voter removed from the voting machine.24
(b) Notwithstanding Subparagraph (a) of this Paragraph, a voter receiving25
assistance in voting pursuant to R.S. 18:1309.3 or a voter using the audio ballot shall26
be allowed to remain in a voting machine for up to twenty minutes. If such a voter27
fails to leave a voting machine promptly after the registrar or deputy registrar has28
notified him that twenty minutes have elapsed, the registrar or deputy registrar shall29
have the voter removed from the voting machine.30 ENROLLEDHB NO. 852
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are additions.
(4)(a) (5)(a) In order to cast a vote on a voting machine, a voter shall make1
a selection in a candidate or proposition election. Voting is completed by activating2
the cast vote mechanism. If the voter has made any selection in a candidate or3
proposition election but has failed to activate the cast vote mechanism, the registrar4
or his deputy, observed by a deputy registrar or, in the absence of a deputy registrar,5
a witness, shall activate the cast vote mechanism for the fled voter without altering6
any selections made by the voter. In the case of vote activation in the presence of a7
witness, the registrar or deputy registrar shall record the name and address of the8
witness.9
(b) In order to cast a vote on a paper ballot, a voter must make a selection for10
a candidate or for or against a proposition by completely filling in the oval to the11
right of a selection and returning the ballot to the appropriate election official within12
the applicable deadline set forth by law. If a voter makes selections for more than13
the number of candidates to be elected for an office or makes selections for and14
against the same proposition, the selections for that office or proposition will be15
void.16
* * *17
§1309.1. Notice of preparation Preparation of machines for early voting;18
examination by candidate or his representative; sealing machines19
A. Prior to the conduct of early voting, At the time of qualifying, the parish20
custodian shall notify each candidate of to contact the registrar of voters for the time21
and place at which the voting machines will be prepared for early voting. The notice22
shall state the time and place at which he will begin preparation of the machines for23
sealing and that the The candidate or his representative may be present to observe the24
preparation of the machines for by the registrar of voters with the assistance of the25
secretary of state's technicians and to observe the testing and sealing of the machines26
by the parish custodian. registrar of voters in the presence of the parish board of27
election supervisors. Each candidate or his representative shall be afforded a28
reasonable opportunity to inspect and test vote the machines view the test vote tape29
for each machine to see that they are in the proper condition for use in the election,30 ENROLLEDHB NO. 852
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which opportunity shall not be less than thirty minutes beginning at the time1
designated by the parish custodian registrar of voters to begin preparation of the2
machines for sealing. However, no candidate, representative, or citizen shall3
interfere with the registrar of voters, secretary of state's technicians, parish custodian,4
board of election supervisors, or any employee or technician or assume any of their5
duties.6
B. Each candidate or representative shall identify to the registrar of voters7
the candidate whom he is representing. In addition, any citizen of this state may be8
present to observe the preparation, testing, and sealing of the machines by the parish9
custodian registrar of voters and shall be afforded an opportunity to inspect the10
machines test vote tape for each machine to see that they are in proper condition for11
use for early voting.12
C. After the machines have been examined by each candidate, or13
representative, or citizen who is present, the parish board of election supervisors14
shall generate a zero tally to ensure that the voting machine's public counter is set at15
zero and that no votes have been cast for any candidate or for or against any16
proposition. The parish custodian registrar of voters shall then seal the voting17
machine.18
* * *19
§1313. Tabulation and counting of absentee by mail and early voting ballots20
* * *21
F. The procedure for counting absentee by mail or early voting ballots shall22
be as follows:23
* * *24
(9) If a ballot is physically damaged or cannot properly be counted by the25
counting equipment and the vote cast by the voter is clearly discernable from a26
physical inspection of the defective ballot, a true duplicate may be made of the27
defective ballot in the presence of witnesses and substituted for the ballot. The28
duplicate ballot shall be clearly labeled "duplicate", bear a ballot number which shall29
be recorded on the defective ballot, and be counted in lieu of the defective ballot.30 ENROLLEDHB NO. 852
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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
commissioners necessary to count the absentee by mail and early voting ballots in30 ENROLLEDHB NO. 852
Page 26 of 34
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the parish. The parish board of election supervisors shall select a minimum1
maximum of three six such commissioners. If the parish board of election2
supervisors determines that the number of absentee by mail and early voting3
commissioners should be increased to more than six, the parish board shall make a4
request to the secretary of state for the additional absentee by mail and early voting5
commissioners. If the secretary of state or his designee determines that there is a6
need for the additional absentee by mail and early voting commissioners, the parish7
board shall select the additional absentee by mail and early voting commissioners.8
* * *9
C. Selection for general election. (1)10
* * *11
(b) If it determines that the number cannot be reduced or should be12
increased, those persons who served as absentee by mail and early voting13
commissioners and alternate absentee by mail and early voting commissioners for14
the parish in the primary election shall serve in the general election, unless replaced15
or disqualified in the manner provided by law for commissioners and alternate16
commissioners. The number of absentee by mail and early voting commissioners for17
a general election shall not be less than three. If the parish board of election18
supervisors determines that the number of absentee by mail and early voting19
commissioners should be increased to more than the number of such commissioners20
who served in the primary election, the parish board shall make a request to the21
secretary of state for the additional absentee by mail and early voting commissioners.22
If the secretary of state or his designee determines that there is a need for the23
additional absentee by mail and early voting commissioners, the parish board shall24
select the additional absentee by mail and early voting commissioners.25
* * *26
(3) If the parish board determines and the secretary of state or his designee27
determine that the number of absentee by mail and early voting commissioners28
should be increased, the parish board shall meet at 10:00 a.m. on the fifth day before29
a general election and shall select the additional absentee by mail and early voting30 ENROLLEDHB NO. 852
Page 27 of 34
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commissioners and alternate absentee by mail and early voting commissioners to1
serve in the general election for that parish from the list of certified commissioners2
who have not been chosen to serve in the general election as a3
commissioner-in-charge, commissioner, or, if applicable, absentee by mail and early4
voting commissioner in the manner provided by law for the selection of5
commissioners and alternate commissioners. If there are not enough certified6
commissioners to select the appropriate number of absentee by mail and early voting7
commissioners and alternate absentee by mail and early voting commissioners, the8
board of election supervisors may select a qualified elector of the parish to serve;9
however, no such elector shall serve as an absentee by mail and early voting10
commissioner if a certified commissioner has been selected as an alternate absentee11
by mail and early voting commissioner.12
D. Selection for provisional ballot counting for a primary or general election.13
* * *14
(2) Upon approval by the secretary of state or his designee, the parish board15
of election supervisors shall appoint the approved number of absentee by mail and16
early voting commissioners for assistance to the board in counting and tabulating the17
provisional ballots.18
* * *19
§1352. Use of voting machines throughout state; exception for failure of voting20
equipment, absentee by mail and early voting 21
A. Voting machines shall be used throughout this state in all elections. ;22
however, nothing 23
B. Notwithstanding the provisions of Subsection A of this Section, paper24
ballots may be used when voting machines fail.25
C. Nothing in this Chapter shall prohibit absentee by mail and early voting26
as otherwise provided in this Title.27
* * *28 ENROLLEDHB NO. 852
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§1401. Objections to candidacy, contests of elections, contests of certification of1
recall petition; parties authorized to institute actions2
* * *3
F. A public officer who alleges that except for substantial irregularities or4
error or except for fraud or other unlawful activities in the conduct of the election he5
would not have been recalled may bring an action contesting the election.6
§1402. Proper parties7
* * *8
C. The secretary of state, in his official capacity, shall be made a party9
defendant to any action contesting an election for public office or an election for the10
recall of a public officer. The secretary of state, in his official capacity, shall be11
made defendant to any action objecting to the calling of a special election. The12
secretary of state, in his official capacity, shall be made a party defendant to any13
action contesting the certification of a recall petition. When named as a defendant14
in an action contesting an election, costs of court shall not be assessed against the15
secretary of state. When named as a defendant in an action contesting the16
certification of a recall petition, costs of court shall not be assessed against the17
secretary of state.18
* * *19
§1404. Venue20
* * *21
E. An action contesting an election for the recall of a public officer shall be22
instituted in the district court for a parish included in whole or in part in the voting23
area wherein the recall election is held; however, if the public officer recalled is a24
statewide elected official, an action contesting the election shall be instituted in the25
district court for the parish where the state capitol is situated.26
§1405. Time for commencement of action27
* * *28
B. An action contesting any election involving election to office shall be29
instituted on or before not later than 4:30 p.m. of the ninth day after the date of the30 ENROLLEDHB NO. 852
Page 29 of 34
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election, and no such contest shall be declared moot because of the performance or1
nonperformance of a ministerial function including but not limited to matters relating2
to the printing of ballots for the general election.3
* * *4
H. An action contesting any election involving the recall of a public officer5
shall be instituted not later than 4:30 p.m. of the ninth day after the date of the6
election.7
§1406. Petition; answer; notification8
* * *9
B. The petition shall set forth in specific detail the facts upon which the10
objection or contest is based. If the action contests an election involving election to11
office, the petition shall allege that except for substantial irregularities or error, fraud,12
or other unlawful activities in the conduct of the election, the petitioner would have13
qualified for a general election or would have been elected. If the action contests an14
election involving the recall of a public officer, the petition shall allege that except15
for substantial irregularities or error, fraud, or other unlawful activities in the conduct16
of the election, the petitioner would not have been recalled. The trial judge may17
allow the filing of amended pleadings for good cause shown and in the interest of18
justice.19
* * *20
§1415. Discovery prior to filing a suit contesting an election21
* * *22
B. Provided an action contesting an election involving the recall of a public23
officer has not been filed pursuant to R.S. 18:1405(H), the recalled public officer24
may conduct limited discovery as provided in this Section during the period of time25
after the close of the polls on election day and prior to the expiration of time to file26
a suit contesting such election.27
C. Such discovery may be conducted only after execution of an affidavit by28
a poll watcher, commissioner, or any other election official that he has personal29
knowledge of an irregularity in the election and only after such affidavit has been30 ENROLLEDHB NO. 852
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are additions.
filed with a court of competent jurisdiction. The nature of the irregularity shall be1
specified in the affidavit. The clerk of court shall immediately notify the secretary2
of state by telephone and by written notice when such affidavit has been filed, and3
shall notify the opponents of the candidate of the filing of the affidavit. The clerk4
shall also supply a copy of the affidavit to each opponent of the candidate.5
C. D. Discovery shall be limited to the taking of the deposition of any6
election official, including his employees, having responsibilities regarding the7
conduct of such election and the inspection and copying of documents and other8
records in the custody and control of any such election official, but shall not include9
access to voting machines prior to the date such machines are opened in accordance10
with R.S. 18:573. The deposition of a statewide elected official or his employee11
shall be conducted at the office of such official.12
D. E. Upon the request of the candidate or recalled public officer, after the13
filing of the affidavit as provided in Subsection B C of this Section, the clerk of any14
district court shall issue subpoenas and subpoenas duces tecum in aid of the taking15
of depositions and the production of documentary evidence for inspection or16
copying, or both.17
E. F. The authority for a candidate or recalled public officer to conduct18
discovery under the provisions of this Section shall cease when an action contesting19
such election is filed pursuant to R.S. 18:1405(B) or (H).20
F. G. A candidate or recalled public officer who conducts limited discovery21
as provided in this Section shall be responsible for all reasonable costs associated22
with such discovery.23
* * *24
§1431. Fraudulent or illegal votes; uncounted votes; determination of election result25
When the court finds that one or more of the votes cast in a contested election26
are illegal or fraudulent, the judge shall subtract such vote or votes from the total27
votes cast for the candidate who received them if the contest involves election to28
office, or from the total vote for or against a proposition, if the contest is of an29
election upon a proposition, or from the total vote for or against the recall of a public30 ENROLLEDHB NO. 852
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officer if the contest involves an election for the recall of a public officer. If the1
court determines that legal votes cast in the election were excluded in the total votes2
cast on a candidate, or proposition, or recall, then these excluded legal votes shall be3
added to the total votes on the candidate, or the proposition, or recall to which they4
are attributable. Thereafter, and after considering all the evidence, the court shall5
determine the result of the election.6
§1432. Remedies7
A.(1) If the trial judge in an action contesting an election determines that:8
(1) it is impossible to determine the result of election, or (2) the number of qualified9
voters who were denied the right to vote by the election officials was sufficient to10
change the result in the election, if they had been allowed to vote, or (3) the number11
of unqualified voters who were allowed to vote by the election officials was12
sufficient to change the result of the election if they had not been allowed to vote, or13
(4) a combination of the these factors referred to in (2) and (3) in this Subsection14
would have been sufficient to change the result had they not occurred, the judge may15
render a final judgment declaring the election void and ordering a new primary or16
general election for all the candidates, or, if the judge determines that the appropriate17
remedy is the calling of a restricted election, the judge may render a final judgment18
ordering a restricted election, specifying the date of the election, the appropriate19
candidates for the election, the office or other position for which the election shall20
be held, and indicating which voters will be eligible to vote.21
(2) If the trial judge in an action contesting an election for the recall of a22
public officer determines that: it is impossible to determine the result of election,23
or the number of qualified voters who were denied the right to vote by the election24
officials was sufficient to change the result in the election, if they had been allowed25
to vote, or the number of unqualified voters who were allowed to vote by the election26
officials was sufficient to change the result of the election if they had not been27
allowed to vote, or a combination of these factors would have been sufficient to28
change the result had they not occurred, the judge may render a final judgment29
declaring the election void and ordering a new recall election, or, if the judge30 ENROLLEDHB NO. 852
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determines that the appropriate remedy is the calling of a restricted election, the1
judge may render a final judgment ordering a restricted election, specifying the date2
of the election, and indicating which voters will be eligible to vote.3
* * *4
§1433. Revote in precincts where voting machine malfunctions if result cannot be5
otherwise ascertained6
A. Notwithstanding the provisions of R.S. 18:1432, if a discrepancy7
sufficient to change the result of the election between the total votes cast at an8
election and the votes counted for the candidates in the election or for or against the9
recall of a public officer occurs as a result of a voting machine malfunction, and an10
accurate count of the votes cast on the malfunctioning machine cannot be determined11
by the offering of circumstantial evidence or any other evidence, the court shall order12
a revote in the precinct where the voting machine malfunctioned, which shall be13
limited to those persons listed on the poll list as having cast their ballots in person14
at the polls in the election in which the machine malfunctioned.15
B. Notwithstanding the provisions of R.S. 18:1432, if a discrepancy16
sufficient to change the result of the election between the total votes cast at an17
election and the votes counted for the candidates in the election or for or against the18
recall of a public officer occurs as a result of the malfunction of a voting machine19
used for early voting, and an accurate count of the votes cast on the malfunctioning20
machine cannot be determined by the offering of circumstantial evidence or any21
other evidence, the court shall order a revote of electronic early voting ballots in the22
parish where the voting machine used for early voting malfunctioned, which shall23
be limited to those persons who voted during early voting in the election.24
* * *25
§1941. Voting Rights Act submission by political subdivisions; copy to secretary26
of state27
A. Each political subdivision of this state which submits for preclearance any28
proposed change in voting practice or procedure pursuant to Section 5 of the Voting29
Rights Act of 1965 shall, at the same time as the submission, send a copy of its30 ENROLLEDHB NO. 852
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submission, by certified mail, to the secretary of state, clerk of court, and registrar1
of voters. The political subdivision shall also send to the secretary of state, clerk of2
court, and registrar of voters, by certified mail, a copy of any response to the3
submission.4
B. The entity responsible for sending a copy of the submission and any5
response thereto to the secretary of state, clerk of court, and registrar of voters, as6
required pursuant to this Section, is the submitting authority as defined in the Voting7
Rights Act of 1965.8
* * *9
Section 2. R.S. 18:1284(F) and 1299.1 are hereby amended and reenacted to read10
as follows:11
§1284. Resolution calling election; proposition12
* * *13
F.(1) The preparation of the statement of the proposition to be submitted to14
the voters at an election shall be the responsibility of the governing authority of the15
political subdivision ordering the election. The statement of the proposition shall16
also include a simple and unbiased concise summary in easily understood language17
which sets forth the substance of the proposition include the information required by18
this Section in simple, unbiased, concise, and easily understood language and be in19
the form of a question. The statement of the proposition, including the summary,20
shall not exceed four two hundred words in length. Such summary shall be placed21
at the beginning of the statement of the proposition.22
(2) The secretary of state shall be responsible for ensuring that the statement23
of the proposition contains the summary as provided in Paragraph (1) of this24
Subsection complies with the requirements of this Section.25
* * *26
§1299.1. Statement of question Question or proposition to be voted on; statement27
length28
A. The preparation of the statement of any a question or proposition to be29
submitted to the voters at an election shall be the responsibility of the governing30 ENROLLEDHB NO. 852
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authority or other entity calling the election or submitting the question or1
proposition. The statement of the proposition shall also include a simple and2
unbiased concise summary in easily understood language which sets forth the3
substance of the proposition be comprised of simple, unbiased, concise, and easily4
understood language and be in the form of a question. The statement of the5
proposition, including the summary, shall not exceed four two hundred words in6
length. Such summary shall be placed at the beginning of the statement of the7
proposition.8
B. The secretary of state shall be responsible for ensuring that the statement9
of the proposition contains the summary as provided in Subsection A complies with10
the requirements of this Section. 11
Section 3. R.S. 18:1317 is hereby repealed in its entirety.12
Section 4.(A) This Section, Section 1, and Section 3 of this Act shall become13
effective upon signature of this Act by the governor or, if not signed by the governor, upon14
expiration of the time for bills to become law without signature by the governor, as provided15
by Article III, Section 18 of the Constitution of Louisiana. If this Act is vetoed by the16
governor and subsequently approved by the legislature, this Section, Section 1, and Section17
3 of this Act shall become effective on the day following such approval.18
(B) Section 2 of this Act shall become effective on January 1, 2013.19
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: