HLS 13RS-544 ORIGINAL
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Regular Session, 2013
HOUSE BILL NO. 665
BY REPRESENTATIVE BARRAS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ELECTIONS: Provides relative to absentee by mail and early voting
AN ACT1
To amend and reenact R.S. 18:154(B), 1306(B)(1) and (3), (C)(1), (D), (E)(1)(introductory2
paragraph) and (f) and (2)(a), 1309(A)(1), (2), and (4), (D), (E)(1), (2), (3), (5)(b),3
and (6), and (F) through (L), 1309.3(B)(4)(b), 1310(C), 1311(D)(4)(a), 1312(A), (B),4
(C), and (E), 1313(B), (E), (F)(introductory paragraph), (1), (2), (4) through (7), and5
(9), and (G) through (I), and 1315(C)(2) and (3), to enact R.S. 18:1306(E)(2)(c),6
1309(M), 1309.1(D), and 1313(J), and to repeal R.S. 18:1306(F), 1313(F)(10) and7
(11), relative to elections; to provide relative to procedures and requirements for8
absentee by mail and early voting; to provide relative to the confidentiality of certain9
records of a registrar of voters; to provide relative to absentee by mail and early10
voting materials; to provide for the time during which early voting occurs; to provide11
relative to the tabulation and counting of absentee by mail and early voting ballots;12
to provide relative to the duties of registrars and deputy registrars; to provide relative13
to the duties of the parish board of election supervisors; to provide relative to14
challenges of absentee by mail and early voting ballots; to provide for effectiveness;15
and to provide for related matters.16
Be it enacted by the Legislature of Louisiana:17
Section 1. R.S. 18:154(B), 1306(B)(1) and (3), (C)(1), (D), (E)(1)(introductory18
paragraph) and (f) and (2)(a), 1309(A)(1), (2), and (4), (D), (E)(1), (2), (3), (5)(b), and (6),19
and (F) through (L), 1309.3(B)(4)(b), 1310(C), 1311(D)(4)(a), 1312(A), (B), (C), and (E),20 HLS 13RS-544 ORIGINAL
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1313(B), (E), (F)(introductory paragraph), (1), (2), (4) through (7), and (9), and (G) through1
(I), and 1315(C)(2) and (3) are hereby amended and reenacted and R.S. 18:1309(M),2
1309.1(D), and 1313(J) are hereby enacted to read as follows:3
§154. Records open to inspection; copying; exceptions4
* * *5
B. When twenty-five or more qualified voters of a parish request in writing6
that the registrar permit the copying of any part of his records, except the early7
voting applications of voters confirmation sheets, he shall allow this to be done by8
hand or otherwise, if so requested, unless such reproduction seriously interferes with9
the registration of voters or otherwise seriously interferes with the performance of10
the duties imposed on his office by law. In such instances, the registrar shall cause11
his employees to make copies of the requested records or print the information12
electronically, if the electronic copy contains the same information, and deliver them13
to the voters or request the secretary of state to reproduce such records which may14
then be forwarded to the registrar for delivery to the voters. Copying by the registrar15
or his employees or the secretary of state or printing an electronic copy shall be done16
in the presence of a representative of the requesting voters, if they so request.17
* * *18
§1306. Preparation and distribution of absentee by mail and early voting ballots19
* * *20
B.(1) The secretary of state shall prepare absentee by mail and early voting21
ballot envelopes, early voting applications, absentee by mail and early voting22
instructions, certificates, and other absentee by mail and early voting balloting23
paraphernalia consistent with the provisions of this Chapter, subject to approval of24
the attorney general as to content. Notwithstanding the provisions of R.S. 18:131625
relating to distinguishing marks on absentee by mail and early voting ballots,26
absentee by mail voting instructions on absentee by mail ballots to be transmitted by27
facsimile in accordance with R.S. 18:1308(A)(1)(b) shall stipulate that the voter may28
mark his ballot with a cross [X] mark or a check [T] mark as provided in Items29 HLS 13RS-544 ORIGINAL
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(A)(2)(a)(i) and (ii) of this Section. When a court of competent jurisdiction, a1
registrar of voters, the secretary of state, or other competent authority determines that2
there exists a literate linguistic minority equal to more than five percent of the total3
population of any parish, the secretary of state, with approval of the attorney general4
as to content, shall prepare and furnish absentee by mail and early voting ballots,5
absentee by mail and early voting instructions, and certificates in the minority6
language in sufficient quantity to provide to each absentee by mail and early voter7
requesting voting material in that language.8
* * *9
(3) The secretary of state shall prepare early voting ballots and include with10
the election paraphernalia accompanying early voting ballots instructions approved11
by the secretary of state and the attorney general, which generally describe the12
particular early voting counting equipment used in the election to count early voting13
ballots or voting machines used to cast early voting ballots. The instructions shall14
inform the voter how to cast his vote, which shall include if applicable instructions15
for marking the early voting ballot and examples of the correct and incorrect16
methods of marking the ballot.17
C.(1) At least twenty days before each primary election and at least thirteen18
days before each general election, the secretary of state shall deliver to the registrar19
in each parish in which the election is to be held the paper absentee by mail and early20
voting ballots, envelopes, early voting applications, certificates, instructions to be21
used in voting by an absentee by mail and early voting ballot in that election, and a22
statement, approved by the attorney general, explaining the scope and nature of any23
proposed constitutional amendment. The number of paper absentee by mail and24
early voting ballots and other necessary paraphernalia to be so delivered shall be up25
to ten percent of the registered voters within each parish.26
* * *27
D. An absentee by mail and early voting ballot envelope shall have printed28
on its face in red bold face type:29 HLS 13RS-544 ORIGINAL
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FOR BALLOT ONLY1
VIOLATION OF ABSENTEE BY MAIL OR EARLY2
VOTING LAWS VOIDS BALLOT3
AND MAY RESULT IN CRIMINAL PENALTIES4
VOTING AT POLLS AFTER VOTING ABSENTEE BY MAIL5
OR DURING EARLY VOTING IS PROHIBITED6
AND MAY RESULT IN CRIMINAL PENALTIES7
E.(1) An absentee by mail or early voting ballot envelope also shall have a8
perforated extension or flap below the sealing line, which shall bear a certificate9
prescribed by the secretary of state and approved by the attorney general. The10
certificate shall include but not necessarily be limited to:11
* * *12
(f) An affidavit followed by a line for the handwritten signature or mark of13
the voter, certifying that the statements made by him are true and correct and that the14
voter is aware of the penalties for knowingly making a false statement therein, which15
penalties shall be stated on the certificate.16
* * *17
(2)(a) An absentee by mail or early voting ballot envelope flap shall also18
contain a line for the handwritten signature of one witness. The voter may sign the19
certificate in the presence of one witness and in such a case, the voter shall not be20
required to obtain the signature of a notary public, but his certificate shall be made21
under penalty of perjury for providing false or fraudulent information. Above the22
perforation and along the seal line, the words "DO NOT DETACH FLAP" shall be23
printed.24
* * *25
§1309. Early voting application and early voting; verification26
A.(1) The periods period for conducting early voting application and early27
voting shall be from fourteen days to seven days prior to any scheduled election.28 HLS 13RS-544 ORIGINAL
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(2) During the early voting period, the registrar shall maintain regular office1
hours, remaining open from 8:30 a.m. to 6:00 p.m. Monday through Saturday. Early2
voting on the last each day of the early voting will period shall terminate when all3
persons who were in line to vote at the close of the regular office hours of the4
registrar's office, as provided in this Paragraph, have been allowed to vote. If the5
office space of the registrar is insufficient or inconvenient to accommodate early6
voting, the registrar may provide for an alternate location to conduct early voting,7
which location shall be in the courthouse or in a public building in the immediate8
vicinity thereof, and in such case, adequate notice shall be posted at the registrar's9
office informing the public of the location where early voting is being conducted.10
* * *11
(4) A registrar shall observe the holidays which are provided by law or12
proclaimed by the governor for state departments during any period for conducting13
early voting application and early voting.14
* * *15
D.(1) Before any voter is allowed to vote during early voting, the registrar16
or his deputy shall establish the voter's identity by requiring him to submit a17
Louisiana driver's license, a Louisiana special identification card issued pursuant to18
R.S. 40:1321, or other generally recognized picture identification card that contains19
the name and signature of the voter. If the voter does not have a Louisiana driver's20
license, a Louisiana special identification card, or other generally recognized picture21
identification card that contains the name and signature of the voter, the voter shall22
complete and sign, in the presence of the registrar or his deputy, an a voter23
identification affidavit to that effect provided by the secretary of state, which24
affidavit shall include the voter's date of birth and mother's maiden name. If the25
voter is unable to read or write or is otherwise unable to complete the affidavit due26
to disability, the voter may receive assistance in completing the affidavit, and the27
registrar or his deputy shall make a notation on the affidavit. The voter may receive28
the assistance of any person of his choice, including the registrar or his deputy,29 HLS 13RS-544 ORIGINAL
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except a candidate, the voter's employer or employer's agent, or the voter's union1
agent. The registrar or his deputy shall retain the affidavit in the office of the2
registrar of voters. If satisfied that the voter has identified himself as the voter3
registered in the state voter registration computer system or named on the precinct4
register or list kept by the registrar and that he is qualified to vote, the registrar or his5
deputy shall initial the precinct register or early voting list kept by the registrar6
opposite the voter's signature or mark. The voter then shall be allowed to vote. A7
voter who votes without the picture identification required by this Paragraph is8
subject to challenge as provided in R.S. 18:1315.9
(2) If the voter's name is found in the state voter registration computer10
system or precinct register on the inactive list of voters, the voter shall be required11
to complete an address confirmation card to determine his eligibility to vote.12
E.(1) Upon a voter's application to vote during early voting, the registrar or13
his deputy shall obtain the information required to be included on the list provided14
in R.S. 18:1311(A).15
(2) The voter's identity having been established as provided in Subsection16
D of this Section, the voter shall sign or make his mark in the precinct register or17
early voting list kept by the registrar prior to voting.18
(3) (2) The registrar or deputy registrar shall electronically generate the an19
early voting application confirmation sheet for each voter using the state voter20
registration computer system or a form prepared by the secretary of state and retain21
the application confirmation sheet in the office of the registrar to be used by the22
registrar to verify each early voter at the end of the early voting period. If a paper23
ballot is used for early voting in lieu of a voting machine, the registrar or deputy24
registrar shall write "early voting paper ballot voter" across the early voting25
confirmation sheet for the voter and attach it to the paper ballot envelope.26
(3) The voter then shall be allowed to cast his vote in an area and in a27
manner that protects the secrecy of his vote.28
* * *29 HLS 13RS-544 ORIGINAL
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(5)1
* * *2
(b)(1) In order to cast a vote on a paper ballot, a voter must make a selection3
for a candidate or for or against a proposition by completely filling in the oval to the4
right of a selection and returning the ballot to the appropriate election official within5
the applicable deadline set forth by law. If a voter makes selections for more than6
the number of candidates to be elected for an office or makes selections for and7
against the same proposition, the selections for that office or proposition will be8
void.9
(2) If the paper ballot envelope contains a certificate on the envelope flap,10
the voter shall not be required to sign the certificate. The registrar of voters or11
deputy registrar shall write "early voting ballot" across the envelope flap and include12
the voter's name, ward, precinct and registration number and attach it to the early13
voting confirmation sheet so that the ballot may be identified for purposes of a14
challenge filed pursuant to R.S. 18:1315.15
(6) If a person who votes during early voting at the registrar's office casts his16
vote on an incorrect ballot as provided to him by the registrar or his deputy and the17
time for early voting has not expired, the registrar or his deputy shall void the18
incorrect ballot write "void, challenge removal" and the reason for the challenge on19
the confirmation sheet, retain the confirmation sheet, and permit the voter to vote the20
correct ballot using a paper ballot. The confirmation sheet shall be attached to the21
paper ballot envelope for review by the parish board of election supervisors on22
election day and for use by the secretary of state's office in removing the voided23
ballot from the voting machine as a challenged ballot on election day.24
F.(1) At the end of each day during early voting, the registrar shall document25
on the early voting verification form provided by the secretary of state for each early26
voting location each of the following:27
(a) The total number for the public counters of all early voting machines for28
the day.29 HLS 13RS-544 ORIGINAL
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(b) The total number of early voting confirmation sheets for the day.1
(c) The total number of early voters from the state voter registration2
computer system.3
(d) Any discrepancies or irregularities observed that prevent the total public4
counter number from matching the total early voting confirmation sheet number for5
the day and the total number of early voters from the state voter registration6
computer system for the day.7
(2) Each day, the registrar shall compare the early voting confirmation sheets8
to the information contained in the state voter registration computer system. If the9
registrar finds any discrepancies, he shall make a note thereof on the early voting10
verification form or on a notice of irregularity form provided by the secretary of state11
that he shall attach to the early voting verification form.12
(3) At the end of the early voting period, the registrar shall complete the13
early voting verification form for each location and sign and certify to its correctness14
and print a report from the state voter registration computer system listing all15
absentee by mail and early voters from the parish. All early voting verification16
forms, early voting machine public counter logs, early voting confirmation sheets,17
absentee by mail and early voter reports, and paper ballots voted during early voting18
shall be placed in the special absentee by mail and early voting envelope or container19
for delivery to the parish board of election supervisors on election day for the20
tabulation and counting of early voting ballots.21
G. By no later than the fifth day before an election, the registrar shall have22
received from the branch office and all early voting locations all ballots, early voting23
applications, machine results cartridges, early voting confirmation sheets, early24
voting verification forms, early voting machine public counter logs, paper ballot25
envelopes, certificates, early voting lists or duplicate precinct registers, and other26
election paraphernalia. Immediately upon receipt of these materials, the registrar27
shall compare the information contained on each early voting application, the flap28
certificate of each ballot, and the signed lists with the information contained in the29 HLS 13RS-544 ORIGINAL
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precinct register. If the registrar finds any discrepancies between the information1
contained on an early voting application or the flap certificate of a ballot envelope2
and that contained in the precinct register, he shall make a note thereof on the front3
of the ballot envelope or early voting application.4
G. H. Prior to delivery of the precinct register to the parish custodian, the5
registrar shall enter the word "absentee" and the date of the election in the proper6
space on ensure that the precinct register reflects for each voter who whether the7
voter voted during early voting and for each voter who voted or voted timely8
absentee by mail whose ballot the registrar had received on or before the last day for9
early voting using the words "voted by mail" and, if the register was not used during10
early voting, "voted early" in the signature line for the voter in the precinct register.11
H. I. In the event of the inability to utilize voting machines for early voting12
within a parish, the registrar may utilize paper ballots for early voting.13
I. J. Upon approval of the secretary of state, a registrar of voters may utilize14
commissioners selected and trained by the registrar of voters to assist the registrar15
during the early voting period in the conduct of early voting by his office. A16
registrar of voters shall, in seeking the approval of the secretary of state, indicate to17
the secretary the number of commissioners that is required for such assistance. A18
commissioner who assists the registrar in the conduct of early voting shall be paid19
in accordance with R.S. 18:426.1(3) for each day of such assistance.20
J.(1) K.(1) Only a certified commissioner may be selected to serve as an21
early voting commissioner.22
(2) A person to whom one or more of the following applies shall not serve23
as an early voting commissioner:24
(a) The person is a candidate in the election.25
(b) An immediate family member of the person is a candidate for election26
to public office in the election.27
(c) The person is marked for assistance in voting in the precinct register or28
requires the use of the audio ballot in voting.29 HLS 13RS-544 ORIGINAL
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(d) The person has been convicted of an election offense enumerated in1
Chapter 10 of this Title.2
K. L. During early voting the registrar of voters shall make available to the3
public at each location where early voting is conducted copies of the state mail voter4
registration application forms.5
L.(1)(a) M.(1)(a) In a parish where early voting is conducted at an additional6
location pursuant to R.S. 18:1309.2, the registrar may fix the hours and days during7
which early voting shall be conducted at the additional location during the early8
voting period if such hours and days of voting are approved by the secretary of state9
no later than seven days after the close of qualifying for the election.10
(b) The registrar shall ensure that adequate notice is posted at the office of11
the registrar informing the public of the hours and days during which early voting12
will be conducted at the additional location, and the secretary of state shall post such13
notice on the secretary of state's website.14
(2) The provisions of Paragraph (1) of this Subsection shall not apply to15
early voting for gubernatorial or congressional elections.16
§1309.1. Preparation of machines for early voting; examination by candidate or his17
representative; sealing machines18
* * *19
D. The registrar of voters shall record the public and protective counter20
numbers for each early voting machine on a form prepared by the secretary of state21
for use in verifying the early voting results on election day.22
* * *23
§1309.3. Assistance in voting during early voting24
* * *25
B.26
* * *27
(4)28
* * *29 HLS 13RS-544 ORIGINAL
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(b) The registrar or deputy registrar shall write the voter's name in the1
precinct register or early voting list kept by the registrar and the name of the person2
assisting the voter behind the tab for Assistance to Voters. The person assisting the3
voter, including a registrar or deputy registrar, shall sign his name behind the tab for4
Assistance to Voters.5
* * *6
§1310. Execution of certificate; marking of ballot; casting vote; assistance7
* * *8
C.(1) Any person who assists a voter in voting absentee by mail or during9
early voting if paper ballots are utilized in early voting, shall execute the10
acknowledgment on the ballot envelope flap prepared by the secretary of state,11
verifying that the person providing the assistance has marked the ballot in the12
manner dictated by the voter.13
(2) The registrar or deputy registrar shall follow the procedures contained in14
R.S. 18:1309.3 when paper ballots are used for early voting.15
§1311. List of absentee by mail and early voters; posting; delivery of alphabetized16
list to precincts; supplements17
* * *18
D.19
* * *20
(4)(a) If the voter has not voted in person at the precinct, the registrar shall21
instruct the commissioner-in-charge to mark "Absentee" "voted by mail" in the place22
where the voter would ordinarily sign the precinct register and to initial the precinct23
register opposite the word "Absentee" words "voted by mail". The registrar shall24
then include the first absentee by mail ballot received, if received timely, with those25
to be counted by the board, or, if the counting and tabulation of absentee by mail and26
early voting ballots has commenced, shall transmit such ballot to the board to be27
counted. Any second or subsequent ballot received from such person shall be28
considered as not timely received. Accompanying any such absentee by mail ballot29 HLS 13RS-544 ORIGINAL
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shall be a statement certified by the registrar that he has verified that such voter has1
not voted in person at the precinct where he is registered to vote.2
* * *3
§1312. Retention of ballots at registrar's office4
A. All absentee by mail and ballots, early voting ballots machine results5
reports, early voting verification forms, early voting machine public counter logs,6
and early voting confirmation sheets, shall be retained in the office of the registrar7
of voters except as otherwise provided in this Chapter.8
B. All absentee by mail ballots which are received timely shall be removed9
from the mail return envelope, if applicable, shall be arranged by ward and precinct10
and placed and retained in a special absentee by mail and early voting ballot11
envelope or container designated and used only for that purpose, and shall be12
delivered to the parish board of election supervisors to be counted and tabulated as13
provided in R.S. 18:1313.14
C. After the tabulation of the absentee by mail and early voting ballots on15
election night, the board shall replace the absentee by mail and ballots, early voting16
ballots machine results reports, early voting verification forms, early voting machine17
public counter logs, absentee by mail and early voter reports, and early voting18
confirmation sheets in the special absentee by mail and early voting ballot envelope19
or container and return the envelope or container to the registrar of voters. The20
registrar shall retain these absentee by mail and early voting ballots inviolate in the21
special absentee by mail and early voting ballot envelope or container inviolate until22
the delay for filing an election contest has lapsed, or, if an action contesting the23
election has been filed, until the judgment in the action becomes definitive.24
* * *25
E. Absentee by mail and ballots, early voting ballots, machine results reports,26
early voting verification forms, early voting machine public counter logs, early27
voting confirmation sheets, absentee by mail and early voter reports, applications for28
absentee by mail and early voting ballots, ballots, certificates, and other absentee by29 HLS 13RS-544 ORIGINAL
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mail and early voting ballot paraphernalia associated with an election shall be1
retained for six months after an election as provided in R.S. 18:403, unless litigation2
is pending relative to such election. If litigation is pending relative to such election,3
such paraphernalia shall be retained in accordance with any applicable court order4
and until said the litigation is concluded.5
§1313. Tabulation and counting of absentee by mail and early voting ballots6
* * *7
B.(1) Absentee by mail and early voting ballots shall be counted at the office8
of the registrar of voters or at a public facility within the parish designated by the9
parish board of election supervisors at a time fixed by the parish board of election10
supervisors which time shall be set no earlier than 1:00 p.m. and no later than 8:0011
p.m. on election day.12
(2) Prior to the counting of absentee by mail and early voting ballots on13
election day, any person authorized by the secretary of state may assist the registrar14
of voters in the challenge removal process on the early voting machines for15
discrepancies or irregularities documented by the registrar on a confirmation sheet16
or early voting verification form, in the reading of the early voting machine results17
cartridges on the secretary of state's equipment, and in producing the early voting18
machine results report. All early voting machine results reports shall be placed in19
the special absentee by mail and early voting envelope or container.20
* * *21
E. The board shall count the absentee by mail and early voting ballots and22
announce the results of the absentee by mail and early voting ballots after the closing23
of the polls as the total number of absentee by mail and early voting votes cast in the24
election for each candidate and the total number cast for and against each25
proposition.26
F. The procedure for counting absentee by mail or early voting ballots shall27
be as follows:28 HLS 13RS-544 ORIGINAL
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(1) A member of the board shall remove the certificates and special absentee1
by mail ballots, absentee by mail and early voter reports, and envelopes containing2
the absentee by mail and early voting ballots and early voting applications from the3
special absentee by mail and early voting ballot envelope or container.4
(2) The board shall announce the name of each absentee by mail or early5
voting voter and the ward and precinct where he is registered to vote, and shall6
compare the name on the certificate, early voting application, or on the flap of the7
envelope containing the absentee by mail or early voting ballot with the names on8
the list of absentee by mail or early voting voters and on the supplemental list and9
early voter report.10
* * *11
(4) If the board determines that an absentee by mail or early voting ballot is12
valid, a member of the board shall write the word "absentee" words "voted by mail"13
and his initials on the list absentee by mail and early voter report beside the name of14
the voter as it appears on the list or supplemental list of persons who voted absentee15
by mail and shall sign his name in the space therefor which shall be provided on the16
list for the purpose report. If applicable, a member of the board shall tear the flap17
from the envelope containing the absentee by mail or early voting ballot and leave18
the envelope sealed.19
(5) If a majority of the members of the board determine that an absentee by20
mail or early voting ballot is invalid, the members shall leave the flap on the21
envelope containing the absentee by mail or early voting ballot, leave the envelope22
sealed, and shall write the word "rejected", together with the reasons for rejecting the23
ballot, across the envelope containing the ballot, across the early voting application,24
or across the certificate attached to the special absentee by mail ballot. The rejected25
absentee by mail and early voting ballots, early voting applications, and certificates26
shall be replaced in the special absentee by mail and early voting ballot envelope or27
container. No rejected absentee by mail or early voting ballot shall be counted.28 HLS 13RS-544 ORIGINAL
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(6) After the validity of all absentee by mail and early voting ballots has1
been determined, the members of the board shall place the valid early voting2
applications, certificates, and the flaps removed from the valid absentee by mail and3
early voting ballots in the envelope provided for that purpose and seal the envelope.4
Two of the members shall execute the certificate on the envelope.5
(7) The members shall open the envelopes containing the valid absentee by6
mail and early voting ballots and remove the ballots.7
* * *8
(9) If a ballot is physically damaged or cannot properly be counted by the9
counting equipment and the vote cast by the voter is clearly discernable from a10
physical inspection of the defective ballot, a true duplicate may be made of the11
defective ballot in the presence of witnesses and substituted for the ballot. The12
duplicate ballot shall be clearly labeled "duplicate", bear a ballot number which shall13
be recorded on the defective ballot, and be counted in lieu of the defective ballot.14
After a ballot has been duplicated, the defective ballot shall be placed in the special15
absentee by mail and early voting ballot envelope or container, and the duplicate16
ballot shall be counted with the other valid ballots.17
G. The procedure for counting early voting machine ballots and paper ballots18
voted during early voting shall be as follows:19
(1) A member of the board shall remove the early voting verification forms,20
early voting machine public counter logs, early voting confirmation sheets, paper21
ballots voted during early voting, absentee by mail and early voter report, and all22
early voting machine results reports from the special absentee by mail and early23
voting ballot envelope or container.24
(2) The board shall review the early voting verification forms and early25
voting machine public counter logs and, if found to be acceptable to the board, sign26
each early voting verification form. If the board does not find a voting verification27
form to be acceptable, it may review any early voting confirmation sheet and shall28
document its correction to the early voting verification form and then sign it.29 HLS 13RS-544 ORIGINAL
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(3) The board shall announce the results from each early voting machine1
results report for the early voting ballots.2
(4) For each paper ballot voted during early voting, the board shall announce3
the name of the person who voted by paper ballot during early voting and the ward4
and precinct where he is registered to vote and shall compare the name on the flap5
of the envelope containing the early voting ballot with the names on the absentee by6
mail and early voter report and on the supplemental list.7
(5) The board shall determine the validity of challenges made in accordance8
with R.S. 18:1315.9
(6) If the board determines that a paper ballot voted during early voting is10
valid, a member of the board shall write the words "voted early" and his initials on11
the absentee by mail and early voter report beside the name of the voter as it appears12
on the report. A member of the board shall tear the flap from the envelope13
containing the paper ballot voted during early voting and leave the envelope sealed.14
(7) If a majority of the members of the board determine that a paper ballot15
voted during early voting is invalid, the members shall leave the flap on the envelope16
containing the ballot, leave the envelope sealed, and write the word "rejected"17
together with the reasons for rejecting the ballot across the envelope containing the18
ballot. He shall also write the word "rejected" and his initials on the absentee by19
mail and early voter report beside the name of the voter as it appears on the report.20
The rejected ballot shall be placed in the special absentee by mail and early voting21
ballot envelope or container. No rejected paper ballot voted during early voting shall22
be counted.23
(8) After the validity of all paper ballots voted during early voting has been24
determined, the members of the board shall place the valid early voting confirmation25
sheets and flaps removed from the valid paper ballots voted during early voting in26
the envelope or container provided for that purpose and seal the envelope or27
container. Two of the members shall execute the certificate on the envelope or28
container.29 HLS 13RS-544 ORIGINAL
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are additions.
(9) The members shall open the envelopes containing the valid paper ballots1
voted during early voting and remove the ballots.2
(10) The board shall, in accordance with the requirements of R.S. 18:1316,3
reject any ballot which contains a distinguishing mark or feature making the ballot4
susceptible of identification.5
(11) If a ballot is physically damaged or cannot properly be counted by the6
counting equipment and the vote cast by the voter is clearly discernible from a7
physical inspection of the defective ballot, a true duplicate may be made of the8
defective ballot in the presence of witnesses and substituted for the ballot. The9
duplicate ballot shall be clearly labeled "duplicate", bear a ballot number which shall10
be recorded on the defective ballot, and be counted in lieu of the defective ballot.11
After a ballot has been duplicated, the defective ballot shall be placed in the special12
absentee by mail and early voting ballot envelope or container, and the duplicate13
ballot shall be counted with the other valid ballots.14
(12)(a) Prior to utilizing any absentee by mail and early voting counting15
equipment, the parish board of election supervisors shall generate a zero tally to16
ensure that the equipment's candidate and question counters are set at zero and that17
no votes have been cast for any candidate or for or against any proposition.18
(b) The board shall sign and certify to the correctness of each zero proof19
sheet and place all zero proof sheets in the special absentee by mail and early voting20
envelope or container.21
(13) The absentee by mail and early voting votes cast for a candidate and22
those cast for and against a proposition shall be counted and the total number of23
absentee by mail and early voting votes cast for a candidate and those cast for and24
against a proposition shall be announced in the order the offices and candidates and25
propositions are listed on the ballot. The members of the board shall enter the total26
number of votes on the final absentee by mail and early voting vote report and shall27
certify the results.28 HLS 13RS-544 ORIGINAL
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are additions.
H. The final absentee by mail and early voting vote report prepared by the1
parish board of election supervisors shall be transmitted to the clerk of court2
immediately upon completion of the tabulation of the absentee by mail and early3
voting ballots on election night, and a. A copy of the record shall be transmitted4
immediately to the secretary of state, and a copy of the record shall be placed in the5
special absentee by mail and early voting envelope or container.6
H. I. When the supplemental lists have absentee by mail and early voter7
report has been returned to the registrar of voters, the registrar, based on the8
information contained in the lists report, shall confirm that the word "absentee" is9
words "voted by mail" or "voted early" are written in the proper space on the precinct10
register for each voter who voted early or absentee by mail.11
I.(1) J(1) Upon completion of the tabulation and counting of the absentee12
by mail and early voting ballots, the parish board of election supervisors shall return13
the absentee by mail and early voting ballots and electronic results report to the14
special absentee by mail and early voting ballot envelope or container, shall seal the15
envelope or container, and shall deliver the envelope or container to the registrar of16
voters. The registrar shall preserve the envelope or container and its contents17
inviolate and, except upon order of a court of competent jurisdiction, shall not allow18
the absentee by mail and early voting documents to be inspected by anyone until the19
delay for filing an action contesting the election has lapsed. If an action contesting20
the election is commenced timely, the registrar shall continue to preserve the21
envelope or container and its contents inviolate, subject to the orders of the court,22
until the final judgment in the action has become definitive.23
(2)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection,24
if the number of absentee by mail and early voting ballots cast for all candidates for25
an office could make a difference in the outcome of the election for such office, upon26
the written request of a candidate for such office, the board shall recount the absentee27
by mail ballots by hand or scanning equipment and early voting ballots28 HLS 13RS-544 ORIGINAL
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are additions.
electronically, unless paper ballots were used for early voting and in such case, the1
ballots shall be recounted by hand for such office.2
(b) All recounts of absentee by mail and early voting ballots shall be held at3
10:00 a.m. or following the reinspection of voting machines on the fifth day after the4
election and at any time ordered by a court of competent jurisdiction. If the fifth day5
after the election falls on a holiday or weekend, such recount shall be held on the6
next working day at 10:00 a.m. or following the reinspection of voting machines.7
Any written request for recount of absentee by mail and early voting ballots shall be8
filed with the clerk of court. The deadline for filing a request for recount of absentee9
by mail and early voting ballots shall be the last working day prior to the date of the10
recount. Immediately upon receiving any request, the clerk of court shall11
prominently post in his office a notice of the time and place where the absentee by12
mail and early voting ballots will be recounted and the name of the candidate13
requesting the recount.14
(c) Upon completion of recount of the absentee by mail and early voting15
ballots, the board shall return the absentee by mail and early voting documents to the16
special absentee by mail and early voting ballot envelope or container, shall reseal17
the envelope or container, and shall deliver the envelope containing the absentee by18
mail and early voting documents or container and its contents to the registrar of19
voters who shall preserve the envelope and the absentee by mail and early voting20
documents contained therein or container and its contents in the manner provided for21
in Paragraph (1) of this Subsection.22
(d) The candidate requesting the recount shall be responsible for all23
reasonable costs associated with such recount.24
(3) A candidate or his representative, in the presence of a majority of the25
parish board of election supervisors, shall be allowed to inspect the flaps removed26
from the valid absentee by mail ballots and the flaps removed from the valid early27
voting ballots when paper ballots are used for early voting. All such inspections28
shall be held at 10:00 a.m. or following the recount of absentee by mail and early29 HLS 13RS-544 ORIGINAL
HB NO. 665
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are additions.
voting ballots on the fifth day after the election and at any time ordered by a court1
of competent jurisdiction. If the fifth day after the election falls on a holiday or2
weekend, such inspection shall be held on the next working day at 10:00 a.m. or3
following the recount of absentee by mail and early voting ballots. Any written4
request for inspection shall be filed with the clerk of court. The deadline for filing5
a request for inspection shall be the last working day prior to the date of the6
inspection. Immediately upon receiving any request, the clerk of court shall7
prominently post in his office a notice of the time and place where the inspection will8
occur and the name of the candidate requesting the inspection. The candidate9
requesting the inspection shall be responsible for all reasonable costs associated with10
such inspection.11
(4) The parish board of election supervisors shall be entitled to12
reimbursement at the rate established in R.S. 18:423(E) for attending the recount of13
absentee by mail and early voting ballots and inspection, but not both if they are14
conducted on the same day. However, such reimbursement shall not be counted15
toward the six-day limitation provided in R.S. 18:423(E). No member of the parish16
board of election supervisors shall be reimbursed for attending a recount of absentee17
by mail and early voting ballots or inspection if such member received18
reimbursement for attending the reinspection of voting machines which was19
conducted on the same day as the recount of the absentee by mail and early voting20
ballots or inspection.21
* * *22
§1315. Challenge of absentee by mail or early voting ballot23
* * *24
C.25
* * *26
(2) If a challenge in accordance with the provisions of Subsection A of this27
Section is sustained, the vote shall not be counted, the ballot or early voting28
application confirmation sheet shall be placed in the special absentee by mail and29 HLS 13RS-544 ORIGINAL
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are additions.
early voting ballot envelope or container, and the board shall notify the voter in1
writing of the challenge and the cause therefor. This notification shall be on a form2
provided by the secretary of state and shall be signed by at least a majority of the3
members of the board. The notice of the challenge and the cause therefor shall be4
given within three days by mail, addressed to the voter at his place of residence. The5
board shall retain a copy of the notification. However, if the challenge is based upon6
a change of residence within the parish or is based upon a change of residence7
outside the parish that has occurred within the last three months, the ballot shall be8
counted provided that the voter confirmed his current address as shown by the9
affidavit of the absentee by mail or early voting ballot envelope flap or early voting10
application confirmation sheet or, if the voter is on the inactive list of voters, as11
shown by the information provided on an address confirmation card.12
(3)(a) If a challenge in accordance with the provisions of Subsection B of13
this Section is sustained, the vote shall not be counted, the board shall write14
"rejected" and the cause therefor across the ballot envelope or early voting15
application confirmation sheet, and shall place the ballots and early voting16
applications confirmation sheets so rejected in the special absentee by mail and early17
voting ballot envelope or container. The board shall notify the voter in writing of the18
challenge and the cause therefor. The notification shall be on a form provided by the19
secretary of state and shall be signed by at least a majority of the members of the20
board. The notice of the challenge and the cause therefor shall be given within three21
days by mail addressed to the voter at his place of residence. The board shall retain22
a copy of the notification.23
(b) If a ballot is rejected pursuant to the provisions of R.S. 18:1316, the vote24
shall not be counted, the board shall write "rejected" and the cause therefor on a25
separate slip of paper and attach it to the ballot, and shall place the ballots so rejected26
in the special absentee by mail and early voting ballot envelope or container.27
* * *28 HLS 13RS-544 ORIGINAL
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are additions.
Section 2. R.S. 18:1306(F) and 1313(F)(10) and (11) are hereby repealed in their1
entirety.2
Section 3. This Act shall become effective upon signature by the governor or, if not3
signed by the governor, upon expiration of the time for bills to become law without signature4
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If5
vetoed by the governor and subsequently approved by the legislature, this Act shall become6
effective on the day following such approval.7
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Barras HB No. 665
Abstract: Provides procedures and requirements for absentee by mail and early voting.
Present law (R.S. 18:1306) provides for the preparation and distribution of absentee by mail
ballots and voting paraphernalia. Requires the secretary of state to prepare early voting
ballot envelopes, early voting applications, and other early voting balloting paraphernalia
consistent with present law. Provides for the content of the early voting ballot envelope.
Proposed law repeals present law.
Present law requires the secretary of state at least 20 days before each primary election and
at least 13 days before each general election to deliver to the registrar in each parish early
voting paper ballots, envelopes, certificates, and instructions and early voting applications
to be used during early voting. Provides for the number of paper early voting ballots that
must be delivered. Proposed law repeals present law.
Present law provides for the content of the absentee by mail ballot envelop. Requires the
envelope to include a perforated extension or flap that bears a certificate. Requires the
certificate to include, among other things, an affidavit followed by the line for the
handwritten signature of the voter. Proposed law retains present law and specifies that the
line shall be for the handwritten signature or mark of the voter.
Present law (R.S. 18:1309) provides relative to early voting application and early voting.
Provides procedures and requirements. Requires the registrar during the early voting period
to maintain regular office hours, remaining open from 8:30 a.m. to 6:00 p.m. Monday
through Saturday. Provides that early voting on the last day of voting terminates when all
persons who were in line to vote at the close of the regular office hours of the registrar's
office have been allowed to vote. Proposed law provides instead that early voting each day
of the early voting period shall terminate when all persons who were in line to vote at the
close of the registrar's office have been allowed to vote. Otherwise retains present law.
Present law requires the registrar or deputy registrar to establish each voter's identity prior
to allowing the voter to vote. Requires a voter to submit a La. driver's license, La. special
identification card, or other generally recognized picture identification card containing the
name and signature of the voter or to complete and sign an affidavit. Proposed law retains
present law and refers to the affidavit as a voter identification affidavit. HLS 13RS-544 ORIGINAL
HB NO. 665
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are additions.
Present law requires the registrar or deputy registrar to use the precinct register or list kept
by the registrar to establish the identity of the voter. Proposed law repeals the list kept by
the registrar as a means to identify a voter and provides instead that the registrar may use the
state voter registration computer system or the precinct register. Provides that the registrar
may initial the precinct register or the list kept by the registrar after establishing the identity
of the voter.
Present law provides for application to vote during early voting. Provides for the content
of an early voting application. Proposed law repeals present law. Provides that the registrar
or deputy registrar shall generate an early voting confirmation sheet for each voter using the
state voter registration computer system or a form prepared by the secretary of state, which
sheet shall be used to verify each early voter at the end of the early voting period.
Present law provides for using paper ballots during early voting under certain circumstances.
Proposed law retains present law and provides that if the paper ballot envelope contains a
certificate on the envelope flap, the voter shall not be required to sign the certificate.
Provides that the registrar of voters or deputy registrar shall write "early voting ballot" across
the envelope flap and include the voter's name, ward, precinct and registration number and
attach it to the early voting confirmation sheet so that the ballot may be identified for
purposes of a challenge filed pursuant to present law (R.S. 18:1315).
Proposed law provides that at the end of each day during early voting, the registrar shall
document on the early voting verification form provided by the secretary of state for each
early voting location each of the following:
(1)The total number for the public counters of all early voting machines for the day.
(2)The total number of early voting confirmation sheets for the day.
(3)The total number of early voters from the state voter registration computer system.
(4)Any discrepancies or irregularities observed that prevent the total public counter
number from matching the total early voting confirmation sheet number for the day
and the total number of early voters from the state voter registration computer system
for the day.
Proposed law provides that each day, the registrar shall compare the early voting
confirmation sheets to the information contained in the state voter registration computer
system. Provides that if the registrar finds any discrepancies, he shall make a note thereof
on the early voting verification form or on a notice of irregularity form provided by the
secretary of state that he shall attach to the early voting verification form.
Proposed law provides that at the end of the early voting period, the registrar shall complete
the early voting verification form for each location and sign and certify to its correctness and
print a report from the state voter registration computer system listing all absentee by mail
and early voters from the parish. Provides that all early voting verification forms, early
voting machine public counter logs, early voting confirmation sheets, absentee by mail and
early voter reports, and paper ballots voted during early voting shall be placed in the special
absentee by mail and early voting envelope or container for delivery to the parish board of
election supervisors on election day for the tabulation and counting of early voting ballots.
Present law requires that the registrar have received election paraphernalia from branch
offices no later than five days before the election. Proposed law changes the deadline to the
day before the election. Specifies the election paraphernalia that must be received.
Present law requires the registrar to compare information contained on the early voting
application with the information on ballot envelopes and contained in the precinct register.
Requires him to make note of discrepancies. Proposed law repeals present law. HLS 13RS-544 ORIGINAL
HB NO. 665
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are additions.
Present law provides that prior to delivery of the precinct register to the parish custodian, the
registrar shall enter the word "absentee" and the date of the election in the proper space on
the precinct register for each voter who voted during early voting and for each voter who
voted absentee by mail whose ballot the registrar had received on or before the last day for
early voting. Proposed law provides instead that the registrar shall ensure that the precinct
register reflects for each voter whether the voter voted during early voting or voted timely
absentee by mail using the words "voted by mail" and, if the register was not used during
early voting, "voted early" in the signature line for the voter in the precinct register.
Present law (R.S. 18:1309.1) provides procedures for the preparation, testing, and sealing
of machines for early voting. Provides for observation by a candidate or his representative.
Requires the parish board of election supervisors to generate a zero tally to ensure that the
voting machine's public counter is set at zero and that no votes have been cast for any
candidate or for or against any proposition. Proposed law retains present law and
additionally requires the registrar to record the public and protective counter numbers for
each early voting machine on a form prepared by the secretary of state for use in verifying
the early voting results on election day.
Present law (R.S. 18:1309.3) provides for assistance during early voting. Provides
procedures and requirements. Proposed law retains present law and expressly provides that
the procedures in present law shall be followed when paper ballots are used during early
voting.
Present law (R.S. 18:1311) provides relative to absentee by mail ballots received from
military and overseas voters on election day. Requires the registrar and commissioner-in-
charge to mark the precinct register "Absentee" in the place where the voter would ordinarily
sign the register. Proposed law requires the precinct register to be marked "voted by mail"
instead of "Absentee". Otherwise retains present law.
Present law (R.S. 18:1312) requires the parish board of election supervisors to return to the
registrar and for the registrar to retain in his office all absentee by mail and early voting
ballots. Provides requirements for retaining the materials. Proposed law repeals present law
requirements relative to absentee by mail ballots. Additionally, requires the board to return
and the registrar to keep early voting machine results reports, early voting verification forms,
early voting machine public counter logs, and early voting confirmation sheets.
Present law (R.S. 18:1313) provides for the tabulation and counting of absentee by mail and
early voting ballots. Provides that the parish board of election supervisors shall be
responsible for the counting and tabulation of all absentee by mail and early voting ballots
in the parish and provides procedures therefor.
Proposed law retains present law and additionally provides that prior to the counting of
absentee by mail and early voting ballots on election day, any person authorized by the
secretary of state may assist the registrar of voters in the challenge removal process on the
early voting machines for discrepancies or irregularities documented by the registrar on a
confirmation sheet or early voting verification form, in the reading of the early voting
machine results cartridges on the secretary of state's equipment, and in producing the early
voting machine results report. Provides that all early voting machine results reports shall be
placed in the special absentee by mail and early voting envelope or container.
Present law provides procedures that apply to the counting of absentee by mail and early
voting ballots. Proposed law amends present law so that present law applies to the counting
of absentee by mail ballots. Provides separate procedures for counting early voting ballots
as follows:
(1)A member of the board shall remove the early voting verification forms, early voting
machine public counter logs, early voting confirmation sheets, paper ballots voted
during early voting, absentee by mail and early voter report, and all early voting HLS 13RS-544 ORIGINAL
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are additions.
machine results reports from the special absentee by mail and early voting ballot
envelope or container.
(2)The board shall review the early voting verification forms and early voting machine
public counter logs and, if found to be acceptable to the board, sign each early voting
verification form. If the board does not find a voting verification form to be
acceptable, it may review any early voting confirmation sheet and shall document
its correction to the early voting verification form and then sign it.
(3)The board shall announce the results from each early voting machine results report
for the early voting ballots.
(4)For each paper ballot voted during early voting, the board shall announce the name
of the person who voted by paper ballot during early voting and the ward and
precinct where he is registered to vote and shall compare the name on the flap of the
envelope containing the early voting ballot with the names on the absentee by mail
and early voter report and on the supplemental list.
(5)The board shall determine the validity of challenges made in accordance with present
law (R.S. 18:1315).
(6)If the board determines that a paper ballot voted during early voting is valid, a
member of the board shall write the words "voted early" and his initials on the
absentee by mail and early voter report beside the name of the voter as it appears on
the report. A member of the board shall tear the flap from the envelope containing
the paper ballot voted during early voting and leave the envelope sealed.
(7)If a majority of the members of the board determine that a paper ballot voted during
early voting is invalid, the members shall leave the flap on the envelope containing
the ballot, leave the envelope sealed, and write the word "rejected" together with the
reasons for rejecting the ballot across the envelope containing the ballot. He shall
also write the word "rejected" and his initials on the absentee by mail and early voter
report beside the name of the voter as it appears on the report. The rejected ballot
shall be placed in the special absentee by mail and early voting ballot envelope or
container. No rejected paper ballot voted during early voting shall be counted.
(8)After the validity of all paper ballots voted during early voting has been determined,
the members of the board shall place the valid early voting confirmation sheets and
flaps removed from the valid paper ballots voted during early voting in the envelope
or container provided for that purpose and seal the envelope or container. Two of
the members shall execute the certificate on the envelope or container.
(9)The members shall open the envelopes containing the valid paper ballots voted
during early voting and remove the ballots.
(10)The board shall, in accordance with the requirements of present law (R.S. 18:1316),
reject any ballot which contains a distinguishing mark or feature making the ballot
susceptible of identification.
(11)If a ballot is physically damaged or cannot properly be counted by the counting
equipment and the vote cast by the voter is clearly discernible from a physical
inspection of the defective ballot, a true duplicate may be made of the defective
ballot in the presence of witnesses and substituted for the ballot. The duplicate ballot
shall be clearly labeled "duplicate", bear a ballot number which shall be recorded on
the defective ballot, and be counted in lieu of the defective ballot. After a ballot has
been duplicated, the defective ballot shall be placed in the special absentee by mail
and early voting ballot envelope or container, and the duplicate ballot shall be
counted with the other valid ballots. HLS 13RS-544 ORIGINAL
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(12)Prior to utilizing any absentee by mail and early voting counting equipment, the
parish board of election supervisors shall generate a zero tally to ensure that the
equipment's candidate and question counters are set at zero and that no votes have
been cast for any candidate or for or against any proposition.
(13)The board shall sign and certify to the correctness of each zero proof sheet and place
all zero proof sheets in the special absentee by mail and early voting envelope or
container.
(14)The absentee by mail and early voting votes cast for a candidate and those cast for
and against a proposition shall be counted and the total number of absentee by mail
and early voting votes cast for a candidate and those cast for and against a
proposition shall be announced in the order the offices and candidates and
propositions are listed on the ballot. The members of the board shall enter the total
number of votes on the final absentee by mail and early voting vote report and shall
certify the results.
Present law (R.S. 18:1315) provides relative to challenges of absentee by mail and early
voting ballots. Provides procedures and deadlines. Specifies who may bring a challenge and
the grounds for challenges. Proposed law retains present law.
Present law provides that if a challenge is sustained, the early voting ballot application is
used and retained in connection therewith. Proposed law provides that the early voting
confirmation sheet is used and retained instead of the early voting application.
Present law (R.S. 18:154) prohibits the registrar and the Dept. of State from disclosing early
voting applications of voters. Proposed law repeals present law and instead prohibits the
disclosure of early voting confirmation sheets.
Proposed law makes various technical changes.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 18:154(B), 1306(B)(1) and (3), (C)(1), (D), (E)(1)(intro. para.) and (f) and
(2)(a), 1309(A)(1), (2), and (4), (D), (E)(1), (2), (3), (5)(b), and (6), and (F)–(L),
1309.3(B)(4)(b), 1310(C), 1311(D)(4)(a), 1312(A), (B), (C), and (E), 1313(B), (E), (F)(intro.
para.), (1), (2), (4)–(7), and (9), and (G)–(I), and 1315(C)(2) and (3); Adds R.S.
18:1306(E)(2)(c), 1309(M), 1309.1(D), and 1313(J); Repeals R.S. 18:1306(F), 1313(F)(10)
and (11))