ENROLLED
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ACT No. 383
Regular Session, 2013
HOUSE BILL NO. 341
BY REPRESENTATIVE TIM BURNS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact R.S. 18:112, 115.1(F), 116(E), 154(G), 172, 425(A)(1), 431(A)(2)(a)2
and (4), 433(A)(1) and (5), (B)(1), and (D), 463(D) and (E), 465(E)(1)(a), 468,3
469(A) and (B), 501, 513(C), 561, 571(A)(6) and (7), 573(A)(3), 1253(E), 1254(A),4
1255(A), 1308(A)(2)(g) and (h)(i), 1308.2(A)(1), 1309(I), 1309.3(D)(1)(b), 1313(A),5
(B), (C)(2), (F)(11), and (I)(2)(d) and (3), 1314, 1373(A)(5), 1402(C), and6
1462(A)(introductory paragraph) and (2), to enact R.S. 18:18(A)(9), 154(C)(1)(g),7
1402(D), and 1461.2(A)(9), and to repeal R.S. 18:115(A)(3) and 1309(E)(1), relative8
to the Louisiana Election Code; to revise the system of laws comprising the9
Louisiana Election Code; to provide for the powers and duties of the secretary of10
state; to provide relative to voter registration; to provide relative to application for11
voter registration; to provide relative to the duties of a registrar of voters; to provide12
for electronic voter registration; to provide relative to the determination of eligibility13
of an applicant for voter registration; to provide relative to requirements and14
procedures for voting; to provide relative to the records of a registrar of voters and15
the Department of State; to provide for the confidentiality of certain voter16
information; to provide relative to the duties of a clerk of court; to provide relative17
to judgments of interdiction; to provide relative to publication of the inactive list of18
voters; to provide relative to commissioners and commissioners-in-charge; to19
provide relative to courses of instruction for commissioners and commissioners-in-20
charge; to provide for the duties of commissioners and commissioners-in-charge; to21
provide relative to the terms of commissioners-in-charge; to provide relative to the22
authority of a parish board of election supervisors; to provide relative to procedures23 ENROLLEDHB NO. 341
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and requirements for candidate qualifying; to provide for changes in information in1
a notice of candidacy; to provide relative to nominating petitions; to provide relative2
to the certification of nominating petitions; to provide for the qualifying period in3
certain elections; to provide relative to withdrawal from an election; to provide4
relative to the refund of qualifying fees; to provide relative to the certification of5
candidates elected in an election; to provide for deadlines for such certification for6
certain elections; to provide relative to the payment of certain costs associated with7
an election; to provide relative to procedures and requirements for voting absentee8
by mail; to provide relative to the transmission of absentee by mail materials; to9
provide relative to absentee by mail ballots; to provide relative to the counting and10
tabulation and recounting of absentee by mail and early voting ballots; to provide11
relative to the preparation of voting machines; to provide relative to absentee by mail12
and early voting commissioners; to provide relative to assistance in voting; to13
prohibit certain conduct involving information in voter registration applications; to14
provide criminal penalties; to provide relative to the prohibition of certain conduct15
in certain areas around polling places; to provide relative to court costs in certain16
actions; to provide for effectiveness; and to provide for related matters.17
Be it enacted by the Legislature of Louisiana:18
Section 1. R.S. 18:112, 154(G), 172, 425(A)(1), 431(A)(2)(a) and (4), 433(A)(1) and19
(5), (B)(1), and (D), 463(D) and (E), 465(E)(1)(a), 468, 469(A) and (B), 501, 513(C), 561,20
571(A)(6) and (7), 573(A)(3), 1253(E), 1254(A), 1255(A), 1308(A)(2)(g) and (h)(i),21
1308.2(A)(1), 1309(I), 1309.3(D)(1)(b), 1313(A), (B), (C)(2), (F)(11), and (I)(2)(d) and (3),22
1314, 1373(A)(5), 1402(C), and 1462(A)(introductory paragraph) and (2) are hereby23
amended and reenacted and R.S. 18:154(C)(1)(g), 1402(D), and 1461.2(A)(9) are hereby24
enacted to read as follows:25
§112. Endorsement of changes26
Whenever any change is made with respect to the registration of any person,27
the date of the change and all pertinent information concerning the change shall be28
entered by the registrar in the registrant's information on the state voter registration29
computer system and, if. If the original application is available in hard copy in the30 ENROLLEDHB NO. 341
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registrar's office, on the document indicating the change shall be attached to the1
original application for registration and any other official registration records.2
* * *3
§154. Records open to inspection; copying; exceptions4
* * *5
C.(1) Notwithstanding any provision of this Section to the contrary, neither6
the registrar nor the Department of State shall circulate on a commercial list or7
otherwise disclose the following:8
* * *9
(g) The short message service number of a registered voter.10
* * *11
G.(1) Notwithstanding any provision of this Section to the contrary, neither12
the registrar nor the Department of State shall disclose the following:13
(a)(1) Any information of a type exempted from disclosure pursuant to any14
other Subsection of this Section received from another state pursuant to a cooperative15
agreement authorized by R.S. 18:18(D).16
(b)(2) Any geographical coding of addresses of registered voters.17
(3) An application to vote absentee by mail, or information contained18
therein, until the applicant has returned his voted ballot to the registrar.19
* * *20
§172. Judgment of interdiction for mental incompetence21
The clerk of a court having jurisdiction over an interdiction shall record in22
a conveyance book each judgment of full interdiction or a limited interdiction for23
mental incompetence which specifically suspends the right to register and vote and24
which has become definitive and the name, date of birth, sex, and address of the25
person so interdicted. This recordation shall be made immediately after the26
judgment becomes definitive. By the tenth day of each calendar month, the clerk27
shall transmit to the registrar of voters for his parish a certified copy of the judgment.28
If the registrar of voters for the parish in which the judgment was rendered29
determines that the person interdicted is registered to vote in a parish other than the30 ENROLLEDHB NO. 341
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parish in which the judgment was rendered, the registrar of voters for the parish in1
which the judgment was rendered shall transmit a copy of the judgment to the2
registrar of voters for the parish where the person interdicted is registered to vote.3
* * *4
§425. Commissioners5
A. Number. (1) In addition to the commissioner-in-charge, at the following6
elections there shall be the following number of additional commissioners at each7
precinct:8
(a) For the gubernatorial primary and general elections, the congressional9
primary and general elections, and the primary and general elections for municipal10
officers in a parish containing a municipality with a population of four hundred11
seventy-five thousand or more held every four years beginning in 1994:12
(i) Four commissioners for precincts with more than three hundred active13
registered voters.14
(ii) Three commissioners for precincts with three hundred active registered15
voters or less.16
(b) For all elections not specifically provided for in Subparagraph (A)(1)(a)17
Subparagraph (a) of this Paragraph or in Part III of Chapter 6 of this Code:18
(i) Three commissioners for precincts with more than three hundred active19
registered voters.20
(ii) Two commissioners for precincts with three hundred active registered21
voters or less.22
* * *23
§431. Commissioners; courses of instruction; certificates; reports; list of certified24
persons furnished by parish board of election supervisors25
A.26
* * *27
(2)(a) A certificate issued under the provisions of this Subsection to any28
person who attends and satisfactorily completes a course of instruction shall be valid29
for the unexpired portion through December thirty-first of the year of expiration of30 ENROLLEDHB NO. 341
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the term of office of the clerk who conducted the school. However, if an election is1
scheduled to be held in the parish within one month after the end of the term of2
office of the clerk who conducted the school, the certificate shall remain valid3
through the next regularly scheduled general course of instruction for4
commissioners.5
* * *6
(4) From the reports received from the clerk, the parish board of election7
supervisors shall prepare a list containing the names, addresses, and party affiliations8
of all persons registered to vote in each ward to whom certificates of instruction have9
been issued during the term of office of the clerk of court who issued the certificate.10
The clerks of court shall schedule one of the a general courses course of instruction11
for commissioners on some date following the last date for qualifying for office, but12
at least five days prior to the date for selection of commissioners.13
* * *14
§433. Commissioners-in-charge; course of instruction; selection; commission;15
disqualification; replacement16
A. Course of instruction. (1) The clerk of court shall conduct a course of17
instruction for commissioners-in-charge during the period beginning August first18
through the end of November December of each year. The course shall be open to19
any certified commissioner who meets the qualifications set forth in R.S. 18:424(B).20
* * *21
(5) On or before the last day of November December of each year, but after22
the date of the course of instruction, the clerk of court shall file with the parish board23
of election supervisors and the secretary of state a certified list containing the name24
of each person to whom he has issued a certificate, together with the social security25
number, the party affiliation, the mailing address, and the ward in which each such26
person is registered to vote.27
* * *28
B. Selection. (1) The parish board of election supervisors shall meet at29
10:00 a.m. on the first second Friday in December January in of each year to select30 ENROLLEDHB NO. 341
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a commissioner-in-charge to serve at each precinct in the parish. The meeting shall1
be open to the public. The board shall have previously posted a notice on the front2
door of the courthouse stating the location within the courthouse where the meeting3
is to be held. The selection of commissioners-in-charge shall be made from the4
certified list furnished by the clerk as required by R.S. 18:433(A)(5) Paragraph5
(A)(5) of this Section and in the manner hereafter set forth.6
* * *7
D. Term of office. A commissioner-in-charge shall serve a term of office of8
one year, commencing on the first day of third Monday in January of the year9
following of selection, provided that the commissioner-in-charge remains on the list10
of certified commissioners during his term of office.11
* * *12
§463. Notice of candidacy; campaign finance disclosure; political advertising;13
penalties14
* * *15
D. Not later than the Friday before the opening of the qualifying period for16
any primary election, the Supervisory Committee on Campaign Finance Disclosure17
shall deliver a sufficient number of informational packets containing reporting forms18
and instructions to all officials with whom candidates will qualify for such primary19
election. The informational packet shall include a notice to the candidate that20
questions concerning the Campaign Finance Disclosure Act should be addressed to21
the Supervisory Committee on Campaign Finance Disclosure, not the official with22
whom the candidate qualifies. If a candidate qualifies in person, such informational23
packets shall be distributed to each candidate upon receipt of the candidate's notice24
of candidacy by the official with whom the candidate qualifies for office. If a25
candidate qualifies by submitting his notice of candidacy by certified mail,26
commercial carrier, or agent, such informational packets shall be mailed to the27
candidate at his mailing address or, if no mailing address is provided, the address of28
his domicile as set forth in the notice of candidacy within forty-eight hours two29
business days after receipt of the notice of candidacy.30 ENROLLEDHB NO. 341
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E.(1) A candidate who has filed a notice of candidacy may change the1
information contained therein by filing a new notice of candidacy and paying the2
qualifying fee required by R.S. 18:464 during the qualifying period; however, a3
candidate who is serving in the armed forces of the United States who is stationed4
or deployed outside of the United States shall not be required to pay the qualifying5
fee.6
(2) No changes to the information contained in a notice of candidacy shall7
be made after the close of qualifying, except to correct an error made by the8
qualifying official who entered the information contained in the notice of candidacy9
into the database of the Department of State.10
* * *11
§465. Nominating petitions12
* * *13
E. Certification. (1)(a) A nominating petition shall be submitted to the14
registrars of voters in the parishes where the signers reside. A nominating petition15
shall be submitted to the registrars in such parishes not less than thirty days before16
the qualifying period ends for candidates in the primary election or special election17
called pursuant to R.S. 18:402(E) or, in the case of presidential electors, in the18
presidential election, except that in a special election called pursuant to R.S.19
18:402(E), 601(A)(2), or 1279, a nominating petition shall be submitted by the20
candidate to the registrars of voters in such parishes not less than fourteen days21
before the qualifying period ends for candidates in the special election.22
* * *23
§468. Close of the qualifying period24
A. The qualifying period for candidates in a primary election shall close at25
5:00 4:30 p.m. on the Friday after the opening of the qualifying period for candidates26
in the primary election or, if that Friday is a legal holiday, at 5:00 4:30 p.m. on the27
next day which is not a legal holiday.28
B. Notwithstanding the provisions of Subsection A of this Section, the29
qualifying period for candidates in a gubernatorial primary election and those in any30 ENROLLEDHB NO. 341
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special primary election to be held at the same time shall close at 5:00 4:30 p.m. on1
the Thursday after the opening of the qualifying period.2
§469. Reopening of qualifying period; effect3
A. When a person who qualified as a candidate and has opposition in a4
primary election for a public office dies after the close of the qualifying period and5
before the time for closing the polls on the day of the primary election, the qualifying6
period for candidates in the primary election for that office shall reopen for7
candidates on the day after the death and shall close at 5:00 4:30 p.m. on the third8
day after the death or, if that day is a legal holiday, at 5:00 4:30 p.m. on the next day9
which is not a legal holiday. The name of the deceased candidate shall not be printed10
on the primary election ballot. If the primary election ballot was printed with the11
deceased candidate's name on it, any votes received by the deceased candidate shall12
be void and shall not be counted for any purpose whatsoever.13
B. When, at the close of the qualifying period, no candidate has qualified for14
an office or the number of candidates who have qualified for an office is fewer than15
the number of positions to be filled in that office, the qualifying period shall be16
reopened, but only for the office or offices for which no candidates qualified or for17
which an insufficient number of candidates qualified, on the first Wednesday after18
the close of the qualifying period and shall close at 5:00 4:30 p.m. on the Friday19
thereafter or, if that day is a legal holiday, at 5:00 4:30 p.m. on the next day which20
is not a legal holiday. The provisions of this Subsection shall not be applicable to21
election of members of any state central committee or any parish executive22
committee of any recognized political party as provided in R.S. 18:443 and R.S.23
18:444.24
* * *25
§501. Procedure for withdrawal; refund of qualifying fees26
A. Procedure for withdrawal. Prior to the close of the polls on election day,27
a candidate in a primary or general election may withdraw from the election by filing28
notice of his withdrawal, signed by the candidate and duly acknowledged by him29
before an officer authorized to administer oaths, with the secretary of state, who shall30 ENROLLEDHB NO. 341
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forward a copy of the notice of withdrawal filed by a local or municipal candidate1
to the president of the board of election supervisors and the clerk of court of the2
parish in which the candidate has qualified.3
B. Refund of qualifying fees. If the withdrawal is filed prior to the fifty-4
sixth day before the election, fifty percent of the qualifying fee paid by the candidate5
shall be refunded by the state treasurer from the escrow account in which these6
deposits were credited. If the withdrawal is filed on or after the fifty-sixth day7
before the election, the deposit shall not be refunded. However, if the fifty-sixth day8
falls on or before the seventh day following the last day for qualifying, the candidate9
shall have until the seventh day following the last day for qualifying to receive such10
a refund.11
* * *12
§513. Certification of candidates elected13
* * *14
C. Certification of candidates elected to a reduced term due to a postponed15
election. (1) When a reapportionment or redistricting plan fails to receive16
preclearance pursuant to the Voting Rights Act of 1965 by the deadline set forth in17
R.S. 18:1941 or R.S. 18:1942 and there is a postponement of the election, the18
secretary of state shall promptly certify the name of any each candidate elected at the19
postponed election to the appropriate official named in Subsection A of this Section,20
when the secretary of state can immediately determine which office and term of21
office to which such newly elected official has been elected as follows:22
(a) Following the close of qualifying and prior to the primary election if the23
candidate is declared elected without opposition.24
(b) Following the primary election and prior to the general election if the25
candidate is elected at the primary election.26
(c) Following the general election if the candidate is elected at the general27
election.28
(2) If the secretary of state cannot immediately determine which office and29
term of office to which a newly elected official has been elected, the secretary of30 ENROLLEDHB NO. 341
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state shall not certify any candidate for the postponed election until the general1
election has been held. Following the general election, the secretary of state shall2
promptly certify the name of any candidate elected at the postponed election to the3
appropriate official named in Subsection A of this Section. The certification shall4
be made within thirty days of the date that every candidate to be elected at the5
election pursuant to the reapportionment or redistricting plan has been elected.6
* * *7
§561. Poll lists8
The Two commissioners at each polling place shall keep duplicate poll lists,9
numbered consecutively from one to the end. The commissioners Each such10
commissioner shall enter the name of every person who votes at the polling place on11
the poll lists.12
* * *13
§571. Counting and tabulating the votes14
A. At the termination of voting in a primary or general election, the15
commissioners shall announce that voting is terminated. The commissioners in the16
presence of the watchers shall immediately:17
* * *18
(6) Complete in duplicate the payroll an affidavit. The payroll affidavit shall19
be prepared by the secretary of state and shall contain the name, address, and last20
four digits of the social security number of each commissioner and the21
commissioner-in-charge who served at the polling place and shall be signed by each22
commissioner and the commissioner-in-charge and an acknowledgment that the law23
prohibits disclosure of confidential voter information listed in the precinct register.24
The affidavit shall be signed by each commissioner, and the original affidavit shall25
be placed in the bag that is delivered to the clerk of court.26
(7) Place the duplicate payroll affidavit, all duplicate records of challenges,27
all duplicate precinct register corrections, all voter identification affidavits, any28
physicians' certificates, and any address confirmation cards in the envelope marked29 ENROLLEDHB NO. 341
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"Registrar of Voters", seal it and attach it to the precinct register, and seal the1
precinct register.2
* * *3
§573. Evidence of election results4
A. 5
* * *6
(3) Each voting machine shall be relocked or otherwise secured and, if7
applicable, resealed after the candidates or their representatives have had a8
reasonable opportunity to inspect the machine, which shall not be less than thirty9
minutes after the time designated for opening the machines by the clerk of court in10
the notice posted in his office. The clerk of court, in the presence of a majority of11
the parish board of election supervisors, shall reopen any voting machine for12
reinspection by a candidate or his representative after receipt of a written request for13
reinspection by the candidate. All reinspections shall be held at 10:00 a.m. on the14
fifth day after the election and at any time ordered by a court of competent15
jurisdiction. If the fifth day after the election falls on a holiday or weekend, such16
reinspection shall be held at 10:00 a.m. on the next working day. Any written17
request for reinspection of voting machines shall be filed with the clerk of court. The18
deadline for filing a request for reinspection shall be the last working day prior to the19
date of the reinspection. Immediately upon receiving any request, the clerk of court20
shall prominently post in his office a notice of the time and place where the voting21
machines will be reopened and the name of the candidate requesting that the22
machines be reopened. The candidate requesting the reinspection shall be23
responsible for all reasonable costs associated with such reinspection, which shall24
be payable to the clerk of court. The costs shall be paid at the time the written25
request for reinspection of voting machines is filed with the clerk of court and shall26
be paid in cash or by certified or cashier's check on a state or national bank or credit27
union, United States postal money order, or money order issued by a state or national28
bank or credit union. The parish board of election supervisors shall be entitled to29
reimbursement for attending the reinspection at the rate established in R.S.30 ENROLLEDHB NO. 341
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18:423(E); however, such reimbursement shall not be counted toward the six-day1
limitation provided in R.S. 18:423(E). If it is necessary to reopen a voting machine2
which has been relocked or otherwise secured and, if applicable, resealed to conduct3
a reinspection thereof, the clerk of court shall relock or otherwise secure and, if4
applicable, reseal the machine after the reinspection is completed.5
* * *6
§1253. Nominating by political parties; certificates of nomination7
* * *8
E. If the nominees for the offices of president and vice president nominated9
by a national convention of a recognized political party, together with a slate of10
candidates for the offices of presidential electors to support such nominees, are not11
properly certified to the secretary of state by the state central committee of that party12
prior to 5:00 4:30 p.m. on the first third Tuesday in September August of each year13
in which a presidential election is to be held, the national chairman of the political14
party, after notifying the chairman of the state central committee of that political15
party, shall certify a slate of electors to support such nominees by 5:00 4:30 p.m. on16
the first Friday following the first third Tuesday in September August. Such17
certificate filed with the secretary of state shall be accompanied by the notarized18
affidavit of each candidate for elector signifying that the certificate constitutes his19
acceptance of the nomination.20
* * *21
§1254. Slates of independent candidates; nominating petitions and qualifying by22
payment of qualifying fees23
A. A slate of independent candidates for presidential elector may be24
nominated by nominating petition or may qualify by the payment of a qualifying fee25
of five hundred dollars. Such qualifying fee shall be paid in accordance with the26
provisions of R.S. 18:464(A). The period for filing such qualifying fee shall begin27
on the first third Tuesday in August July and shall end at 5:00 4:30 p.m. on the first28
Friday following the first third Tuesday in September August of each year in which29
a presidential election is to be held. Each qualifying fee shall be accompanied by the30 ENROLLEDHB NO. 341
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notice of candidacy and notarized affidavit of each candidate for elector signifying1
his acceptance of the nomination. An independent candidate for presidential elector2
may be registered to vote with or without a declaration of party affiliation.3
* * *4
§1255. Filing nominating petitions5
A. All nominating petitions of presidential electors shall be filed with the6
secretary of state during the period beginning on the first third Tuesday in August7
July and ending at 5:00 4:30 p.m. on the first Friday following the first third Tuesday8
in September August of each year in which a presidential election is to be held. The9
secretary of state shall endorse on the nominating petitions the date and time of10
filing. Any nominating petitions submitted other than during such period shall be11
null and void and shall not be accepted by the secretary of state.12
* * *13
§1308. Absentee voting by mail14
A.15
* * *16
(2)17
* * *18
(g) For mailed ballots, the envelope mailed to the voter shall contain four19
envelopes, two of which shall be the ballot envelopes and two of which shall be a20
return envelopes envelope. Each The return envelope shall bear the official title and21
mailing address of the registrar, whether it contains a primary or general election22
ballot, and the name, return address, and precinct or district number of the voter.23
The voter shall return his voted primary election ballot and special ballot for the24
general election to the registrar in the appropriate envelopes envelope. The registrar25
of voters shall mail a regular general election absentee ballot to a member of the26
United States Service or to persons residing overseas only if the regular general27
election absentee ballot includes one or more elections that were not included on the28
special ballot sent, as provided herein, to such voter. The envelope for the special29 ENROLLEDHB NO. 341
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ballot shall contain language on the outside of the envelope that clearly designates1
which envelope is to be used for return of the general election ballot.2
(h)(i) For electronically transmitted presidential preference primary,3
presidential, congressional primary, and congressional general election ballots, the4
registrar shall transmit the ballot or ballots, certificate, and waiver of the right to a5
secret ballot to the voter for each ballot mailing. The waiver of the right to a secret6
ballot shall contain the following statement: "My ballot was transmitted7
electronically to me and I am voluntarily waiving my right to a secret ballot." The8
statement shall also contain a space for the voter's handwritten signature, the date,9
and the voter's social security number. The voter shall return by mail his voted ballot10
or ballots, completed certificate, and signed waiver of the right to a secret ballot for11
each ballot mailing. The registrar and his staff shall take the steps necessary to keep12
each voted ballot that was transmitted electronically as confidential as practicable.13
* * *14
§1308.2. Voting absentee by mail for candidates for presidential nominee,15
presidential candidates, and congressional candidates16
A.(1) At least forty-six days before each presidential election, the secretary17
of state shall deliver to each registrar a sufficient quantity of absentee by mail18
ballots, envelopes, certificates, and instructions, including those to be electronically19
transmitted, for the election of the president of the United States to be used only by20
members of the United States Service and persons residing outside the United States21
who are registered to vote. The absentee by mail ballot shall be prepared according22
to law and shall contain only presidential candidates. The absentee by mail ballot23
envelope shall be marked "Presidential Ballot Only".24
* * *25
§1309. Early voting application and early voting26
* * *27
I. Upon approval of the secretary of state, a registrar of voters may utilize28
commissioners selected and trained by the registrar of voters to assist the registrar29
during the early voting period in the conduct of early voting by his office. A30 ENROLLEDHB NO. 341
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registrar of voters shall, in seeking the approval of the secretary of state, indicate to1
the secretary the number of commissioners that is required for such assistance. A2
commissioner who assists the registrar in the conduct of early voting shall take an3
oath of office as a deputy registrar for the early voting period and shall complete an4
affidavit prepared by the secretary of state that contains the name, address, and last5
four digits of the social security number of the early voting commissioner and an6
acknowledgment that the law prohibits the disclosure of confidential voter7
information listed in the precinct register or early voting list kept by the registrar.8
The affidavit shall be retained in the office of the registrar of voters. A9
commissioner who assists the registrar in the conduct of early voting shall be paid10
in accordance with R.S. 18:426.1(3) for each day of such assistance.11
* * *12
§1309.3. Assistance in voting during early voting13
* * *14
D.(1)15
* * *16
(b) If the statement is filed voter is submitting the information required by17
this Paragraph by mail, the voter shall include a copy of his Louisiana driver's18
license, his Louisiana special identification card issued pursuant to R.S. 40:1321, or19
other generally recognized picture identification card that contains the name and20
signature of the voter.21
* * *22
§1313. Tabulation and counting of absentee by mail and early voting ballots23
A. The parish board of election supervisors shall be responsible for the24
counting and tabulation of all absentee by mail and early voting ballots in the parish.25
The board may utilize absentee by mail and early voting parish board commissioners26
to count the absentee by mail and early voting ballots in the parish. If the board27
determines that absentee by mail and early voting parish board commissioners are28
necessary to count and tabulate the absentee by mail and early voting ballots, it shall29
select absentee by mail and early voting parish board commissioners in accordance30 ENROLLEDHB NO. 341
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with the provisions of R.S. 18:1314. If a majority of the members of the board are1
not present to count the absentee by mail and early voting ballots and no absentee by2
mail and early voting parish board commissioners were previously selected, the3
members present may select a sufficient number of absentee by mail and early voting4
parish board commissioners on election day to assist in the counting of absentee by5
mail and early voting ballots.6
B. Absentee by mail and early voting ballots shall be counted at the office7
of the registrar of voters or at a public facility within the parish designated by the8
parish board of election supervisors at a time fixed by the parish board of election9
supervisors which time shall be set no earlier than 1:00 p.m. and on election day no10
later than 8:00 p.m. on election day.11
C.12
* * *13
(2) Any person authorized by the secretary of state may provide security or14
technical assistance including advice, analysis, diagnosis, or repair for voting15
machines at the location where absentee by mail and early voting votes are being16
counted and tabulated. Such security or technical assistance shall be provided only17
upon the request of the parish board of election supervisors or a team of absentee by18
mail and early voting parish board commissioners, and may be made in person at the19
location where absentee by mail and early voting votes are being counted and20
tabulated, or by telephone, or both. Any authorized person providing such security21
or technical assistance may enter and leave the location where absentee by mail and22
early voting votes are being counted and tabulated before the closing of the polls and23
during the process of counting and tabulation. No such person shall disclose any24
information with respect to the counting and tabulation of absentee by mail and early25
voting ballots prior to the close of the polls on election day.26
* * *27
F. The procedure for counting absentee by mail or early voting ballots shall28
be as follows:29
* * *30 ENROLLEDHB NO. 341
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(11)(a) The absentee by mail and early voting votes cast for a candidate and1
those cast for and against a proposition shall be counted and the total number of2
absentee by mail and early voting votes cast for a candidate and those cast for and3
against a proposition shall be announced in the order the offices and candidates and4
propositions are listed on the ballot. The members of the board shall enter the total5
number of votes on the final absentee by mail and early voting vote report and shall6
certify the results.7
(b) The special absentee ballots cast by members of the United States8
Service or persons who reside outside of the United States shall be counted by hand.9
* * *10
I.11
* * *12
(2)13
* * *14
(d) The candidate requesting the recount shall be responsible for all15
reasonable costs associated with such recount which shall be payable to the clerk of16
court. The costs shall be paid at the time the written request for the recount is filed17
with the clerk of court and shall be paid in cash or by certified or cashier's check on18
a state or national bank or credit union, United States postal money order, or money19
order issued by a state or national bank or credit union.20
(3) A candidate or his representative, in the presence of a majority of the21
parish board of election supervisors, shall be allowed to inspect the flaps removed22
from the valid absentee by mail ballots and the flaps removed from the valid early23
voting ballots when paper ballots are used for early voting. All such inspections24
shall be held at 10:00 a.m. or following the recount of absentee by mail and early25
voting ballots on the fifth day after the election and at any time ordered by a court26
of competent jurisdiction. If the fifth day after the election falls on a holiday or27
weekend, such inspection shall be held on the next working day at 10:00 a.m. or28
following the recount of absentee by mail and early voting ballots. Any written29
request for inspection shall be filed with the clerk of court. The deadline for filing30 ENROLLEDHB NO. 341
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a request for inspection shall be the last working day prior to the date of the1
inspection. Immediately upon receiving any request, the clerk of court shall2
prominently post in his office a notice of the time and place where the inspection will3
occur and the name of the candidate requesting the inspection. The candidate4
requesting the inspection shall be responsible for all reasonable costs associated with5
such inspection which shall be payable to the clerk of court. The costs shall be paid6
at the time the written request for the inspection is filed with the clerk of court and7
shall be paid in cash or by certified or cashier's check on a state or national bank or8
credit union, United States postal money order, or money order issued by a state or9
national bank or credit union.10
* * *11
§1314. Absentee by mail and early voting Parish board commissioners12
A. Qualifications. An absentee by mail and early voting A parish board13
commissioner shall be a registered voter of the parish in which he is selected to serve14
and shall have the other qualifications of a commissioner as otherwise provided by15
law.16
B. Selection for primary election. (1) The parish board of election17
supervisors shall determine the number of absentee by mail and early voting parish18
board commissioners necessary to count the absentee by mail and early voting19
ballots in the parish. The parish board of election supervisors shall select a20
maximum of six such commissioners. If the parish board of election supervisors21
determines that the number of absentee by mail and early voting parish board22
commissioners should be increased to more than six, the parish board shall make a23
request to the secretary of state for the additional absentee by mail and early voting24
parish board commissioners. If the secretary of state or his designee determines that25
there is a need for the additional absentee by mail and early voting parish board26
commissioners, the parish board shall select the absentee by mail and early voting27
parish board commissioners.28
(2) The parish board of election supervisors shall meet at 10:00 a.m. on the29
fifth day before a primary election and shall select the absentee by mail and early30 ENROLLEDHB NO. 341
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voting parish board commissioners and alternate absentee by mail and early voting1
parish board commissioners for the parish in the manner provided by law for the2
selection of commissioners and alternate commissioners. If there are not enough3
certified commissioners to select the appropriate number of absentee by mail and4
early voting parish board commissioners and alternate absentee by mail and early5
voting parish board commissioners, the board of election supervisors may select a6
qualified elector of the parish to serve; however, no such elector shall serve as an7
absentee by mail and early voting a parish board commissioner if a certified8
commissioner has been selected as an alternate absentee by mail and early voting9
parish board commissioner.10
(3) Absentee by mail and early voting Parish board commissioners and11
alternate absentee by mail and early voting parish board commissioners shall be12
issued commissions, take the oath of office, be replaced, and be disqualified, all in13
the manner provided by law for commissioners and alternate commissioners.14
C. Selection for general election. (1)(a) The parish board of election15
supervisors shall determine if the number of absentee by mail and early voting parish16
board commissioners necessary to count the absentee by mail and early voting17
ballots in the general election can be reduced or should be increased from the number18
which counted absentee by mail and early voting ballots in the primary election.19
(b) If it determines that the number cannot be reduced or should be20
increased, those persons who served as absentee by mail and early voting parish21
board commissioners and alternate absentee by mail and early voting parish board22
commissioners for the parish in the primary election shall serve in the general23
election, unless replaced or disqualified in the manner provided by law for24
commissioners and alternate commissioners. If the parish board of election25
supervisors determines that the number of absentee by mail and early voting parish26
board commissioners should be increased to more than the number of such27
commissioners who served in the primary election, the parish board shall make a28
request to the secretary of state for the absentee by mail and early voting parish29
board commissioners. If the secretary of state or his designee determines that there30 ENROLLEDHB NO. 341
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is a need for the additional absentee by mail and early voting parish board1
commissioners, the parish board shall select the additional absentee by mail and2
early voting parish board commissioners.3
(2)(a) If the parish board determines that the number of absentee by mail and4
early voting parish board commissioners can be reduced, it shall notify each person5
who served as an absentee by mail and early voting a parish board commissioner or6
alternate absentee by mail and early voting parish board commissioner in the primary7
election of its decision to reduce the number of absentee by mail and early voting8
parish board commissioners and of the date and time of the meeting to select the9
absentee by mail and early voting parish board commissioners for the general10
election. The parish board shall meet at 10:00 a.m. on the fifth day before a general11
election and shall select the absentee by mail and early voting parish board12
commissioners and alternate absentee by mail and early voting parish board13
commissioners to serve in the general election for the parish.14
(b)(i) The parish board shall prepare a list containing the names of all15
persons who served as absentee by mail and early voting parish board commissioners16
in the primary election. The absentee by mail and early voting parish board17
commissioners and alternate absentee by mail and early voting parish board18
commissioners for the general election shall be selected from that list in the manner19
provided by law for the selection of commissioners and alternate commissioners.20
The absentee by mail and early voting parish board commissioners so chosen shall21
then serve as needed for the general election.22
(ii) If the list does not contain sufficient names to select the number of23
absentee by mail and early voting parish board commissioners and alternate absentee24
by mail and early voting parish board commissioners determined by the board to be25
needed for the general election, the board shall fill any remaining alternate26
commissioner positions from a list of those persons who were selected as alternate27
absentee by mail and early voting parish board commissioners for the primary28
election, such list to be prepared and the selection made in the same manner provided29 ENROLLEDHB NO. 341
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herein in this Section for selection of absentee by mail and early voting parish board1
commissioners for the general election.2
(3) If the parish board and the secretary of state or his designee determine3
that the number of absentee by mail and early voting parish board commissioners4
should be increased, the parish board shall meet at 10:00 a.m. on the fifth day before5
a general election and shall select the additional absentee by mail and early voting6
parish board commissioners and alternate absentee by mail and early voting parish7
board commissioners to serve in the general election for that parish from the list of8
certified commissioners who have not been chosen to serve in the general election9
as a commissioner-in-charge, commissioner, or, if applicable, absentee by mail and10
early voting parish board commissioner in the manner provided by law for the11
selection of commissioners and alternate commissioners. If there are not enough12
certified commissioners to select the appropriate number of absentee by mail and13
early voting parish board commissioners and alternate absentee by mail and early14
voting parish board commissioners, the board of election supervisors may select a15
qualified elector of the parish to serve; however, no such elector shall serve as an16
absentee by mail and early voting parish board commissioner if a certified17
commissioner has been selected as an alternate absentee by mail and early voting18
parish board commissioner.19
D. Selection for provisional ballot counting for a primary or general election.20
(1) The parish board of election supervisors shall determine if absentee by mail and21
early voting parish board commissioners are necessary to assist the board in counting22
and tabulating provisional ballots in the parish. If necessary, the parish board of23
election supervisors shall select the number of absentee by mail and early voting24
parish board commissioners and present the number of absentee by mail and early25
voting parish board commissioners to the secretary of state for approval, either in26
writing or by telephone.27
(2) Upon approval by the secretary of state or his designee, the parish board28
of election supervisors shall appoint the approved number of absentee by mail and29 ENROLLEDHB NO. 341
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early voting parish board commissioners for assistance to the board in counting and1
tabulating the provisional ballots.2
(3) Absentee by mail and early voting Parish board commissioners for3
provisional ballot counting shall meet the qualifications set forth in Subsection A of4
this Section and shall be issued commissions, take the oath of office, be replaced,5
and be disqualified, all in the same manner as provided for by law for commissioners6
and alternate commissioners.7
E. Compensation. An absentee by mail and early voting A parish board8
commissioner who serves on election day or during the counting and tabulating of9
provisional ballots shall receive fifty dollars or one hundred dollars for each day he10
serves as provided below:11
(1) He shall receive one hundred dollars for elections for which the secretary12
of state has approved such compensation. The secretary of state may provide such13
approval upon application by the parish board of election supervisors when it is14
reasonably expected that a large number of persons will vote prior to election day.15
(2) He shall receive fifty dollars for elections other than those provided for16
in Paragraph (1) of this Subsection.17
F. For an election held within one year following the date of the issuance of18
any gubernatorial proclamation declaring a state of emergency, if a parish board of19
election supervisors determines that there is a parishwide shortage of absentee by20
mail and early voting parish board commissioners because a significant number of21
absentee by mail and early voting parish board commissioners have been temporarily22
displaced due to such emergency, the board may submit a written request to the23
secretary of state for additional absentee by mail and early voting parish board24
commissioners from other parishes in the same manner as provided in R.S.25
18:425(A)(4). Approval, selection, training, and reimbursement of expenses of such26
absentee by mail and early voting parish board commissioners shall be in the same27
manner as provided in R.S. 18:425(A)(4). Nothing in Subsection A of this Section28 ENROLLEDHB NO. 341
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shall prohibit an absentee by mail and early voting a parish board commissioner from1
serving in another parish pursuant to this Subsection.2
* * *3
§1373. Notice of preparation of machines for election; preparation of machines for4
election; testing and adjusting; examination by candidate or his5
representative; securing and sealing machines6
A.7
* * *8
(5) After the machines have been prepared and tested by the secretary of9
state and examined by each candidate , or representative, or citizen, or parish board10
member who is present, the parish custodian shall enclose the registration books or11
lists and other paraphernalia and shall forthwith seal each machine with a numbered12
seal. At that time, the parish custodian, in the presence of the candidates, or their13
representatives, parish board members, and any citizens who are present, shall certify14
to the numbers of the machines; that all of the public, candidate, and question15
counters are set at zero; and as to the number registered on the protective counter of16
the machine.17
* * *18
§1402. Proper parties19
* * *20
C. The secretary of state, in his official capacity, shall be made a party21
defendant to any action contesting an election for public office or an election for the22
recall of a public officer. The secretary of state, in his official capacity, shall be23
made defendant to any action objecting to the calling of a special election. The24
secretary of state, in his official capacity, shall be made a party defendant to any25
action contesting the certification of a recall petition. When named as a defendant26
in an action contesting an election, costs of court shall not be assessed against the27
secretary of state. When named as a defendant in an action contesting the28
certification of a recall petition, costs of court shall not be assessed against the29
secretary of state.30 ENROLLEDHB NO. 341
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D. Costs of court shall not be assessed against the secretary of state when1
named as a defendant in any action contesting an election, objecting to candidacy,2
objecting to the calling of a special election, or contesting the certification of a recall3
petition.4
* * *5
§1461.2. Election offenses affecting registration and election fraud or forgery;6
penalties7
A. No person shall knowingly, willfully, or intentionally:8
* * *9
(9) For purposes other than fulfilling the person's duties relative to10
registration of voters as provided by law, copy or reproduce a voter registration11
application that has been submitted by an applicant.12
* * *13
§1462. Acts prohibited during early voting or on election day; electioneering;14
intimidation; exceptions; enforcement; penalties15
A. The Legislature of Louisiana recognizes that the right to vote is a right16
that is essential to the effective operation of a democratic government. Due to a past,17
longstanding history of election problems, such as multiple voting, votes being18
recorded for persons who did not vote, votes being recorded for deceased persons,19
voting by non-residents, vote buying, and voter intimidation, the legislature finds20
that the state has a compelling interest in securing a person's right to vote in an21
environment which is free from intimidation, harassment, confusion, obstruction, and22
undue influence. The legislature, therefore, enacts this Subsection to provide for a23
six hundred foot campaign-free zone around polling places to provide to each voter24
such an environment in which to exercise his right to vote. Except as otherwise25
specifically provided by law, it shall be unlawful for any person, between the hours26
of 6:00 a.m. and 9:00 p.m., to perform or cause to be performed any of the following27
acts within any polling place being used in an election on election day or within any28
place wherein during early voting is being conducted, or within a radius of six29 ENROLLEDHB NO. 341
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hundred feet of the entrance to any polling place being used in an election on1
election day or any place wherein during early voting is being conducted:2
* * *3
(2) To remain within any such polling place or place wherein early voting4
is being conducted or within a radius of six hundred feet of the entrance of any such5
polling place, except when exercising the right to vote, after having been directed by6
an election commissioner or, law enforcement officer, registrar, or deputy registrar7
to leave the premises or area of a polling place or after having been directed by a8
registrar or deputy registrar to leave the place wherein early voting is being9
conducted.10
* * *11
Section 2. R.S. 18:115.1(F) and 116(E) are hereby amended and reenacted to read12
as follows: 13
§115.1. Electronic registration14
* * *15
F. Except as otherwise specifically provided, an electronic voter registration16
application electronically forwarded by the secretary of state shall be considered, for17
purposes of this Title, an application for registration by mail. The provisions of R.S.18
18:115(F) shall apply to a person who has registered to vote pursuant to this Section19
and who has not previously voted in the parish in which he is registered.20
* * *21
§116. Voter registration agencies22
* * *23
E.(1) Upon receipt of the completed registration form, the registrar shall, if24
the information thereon establishes that the applicant meets the requirements for25
registration, register the applicant and mail notice of registration to the applicant's26
residence, as provided on the application determine the eligibility of the applicant as27
provided in R.S. 18:115(B). Any completed voter registration application28
transmitted to and received by a registrar by a designated voter registration agency29
shall be considered an update to any existing registration for that person. However,30 ENROLLEDHB NO. 341
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if a registrar accepts any application for registration, change of name, or change of1
address that has been received by a designated voter registration agency while the2
registration records are closed for a particular election as required by R.S. 18:135(A),3
none of the changes shall be effective until at least the day after the particular4
election has been held. In the case of a change of address, the change shall be5
effective in accordance with the provisions of R.S. 18:110(B).6
(2) If the information contained on the application form is insufficient to7
register the applicant, the registrar of voters shall mail a notice to the applicant at the8
address provided on the application form informing the applicant that he has ten days9
from the date on which the notice was mailed to provide the necessary information.10
If the applicant fails to provide the necessary information within that time, the11
applicant shall not be registered and the registrar shall so advise the applicant.12
* * *13
Section 3. R.S. 18:18(A)(9) is hereby enacted to read as follows: 14
§18. Secretary of state; powers and duties15
A. The secretary of state shall administer the laws relating to custody of16
voting machines and voter registration, and for the purpose he shall:17
* * *18
(9) Provide for the voluntary registration of individuals or entities that19
conduct voter registration drives in the state of Louisiana.20
* * *21
Section 4. R.S. 18:115(A)(3) is hereby repealed in its entirety.22
Section 5. R.S. 18:1309(E)(1) is hereby repealed in its entirety.23
Section 6.(A) This Section, Section 1, and Section 5 of this Act shall become24
effective upon signature of this Act by the governor or, if not signed by the governor, upon25
expiration of the time for bills to become law without signature by the governor, as provided26
by Article III, Section 18 of the Constitution of Louisiana. If this Act is vetoed by the27
governor and subsequently approved by the legislature, this Section, Section 1, and Section28
5 of this Act shall become effective on the day following such approval.29 ENROLLEDHB NO. 341
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(B) Section 3 of this Act shall become effective on January 1, 2014.1
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: