HLS 13RS-544 REENGROSSED Page 1 of 28 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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(A)(2)(a) and (B)(1) and (3), (C)(1), (D),2 (E)(1)(introductory paragraph) and (f) and (2)(a), 1309(A)(1), (2), and (4), (D),3 (E)(1), (2), (3), (5)(b), and (6), and (F) through (L), 1309.3(B)(4)(b), 1310(C),4 1311(D)(4)(a), 1312(A), (B), (C), and (E), 1313(B), (E), (F)(introductory paragraph),5 (1), (2), (4) through (7), and (9), and (G) through (I), and 1315(C)(2) and (3), to6 enact R.S. 18:1309(M), 1309.1(D), 1311(C)(3), and 1313(J), and to repeal R.S.7 18:1306(F) and 1313(F)(10) and (11), relative to elections; to provide relative to8 procedures and requirements for absentee by mail and early voting; to provide9 relative to the confidentiality of certain records of a registrar of voters; to provide10 relative to absentee by mail and early voting materials; to provide for the time during11 which early voting occurs; to provide relative to the tabulation and counting of12 absentee by mail and early voting ballots; to provide relative to the duties of13 registrars and deputy registrars; to provide relative to the duties of the parish board14 of election supervisors; to provide relative to challenges of absentee by mail and15 early voting ballots; to provide for effectiveness; and to provide for related matters.16 Be it enacted by the Legislature of Louisiana:17 Section 1. R.S. 18:154(B), 1306(A)(2)(a) and (B)(1) and (3), (C)(1), (D),18 (E)(1)(introductory paragraph) and (f) and (2)(a), 1309(A)(1), (2), and (4), (D), (E)(1), (2),19 (3), (5)(b), and (6), and (F) through (L), 1309.3(B)(4)(b), 1310(C), 1311(D)(4)(a), 1312(A),20 (B), (C), and (E), 1313(B), (E), (F)(introductory paragraph), (1), (2), (4) through (7), and (9),21 HLS 13RS-544 REENGROSSED HB NO. 665 Page 2 of 28 CODING: Words in struck through type are deletions from existing law; words underscored are additions. and (G) through (I), and 1315(C)(2) and (3) are hereby amended and reenacted and R.S.1 18:1309(M), 1309.1(D), 1311(C)(3), and 1313(J) are hereby enacted to read as follows:2 §154. Records open to inspection; copying; exceptions3 * * *4 B. When twenty-five or more qualified voters of a parish request in writing5 that the registrar permit the copying of any part of his records, except the early6 voting applications of voters confirmation sheets, he shall allow this to be done by7 hand or otherwise, if so requested, unless such reproduction seriously interferes with8 the registration of voters or otherwise seriously interferes with the performance of9 the duties imposed on his office by law. In such instances, the registrar shall cause10 his employe es to make copies of the requested records or print the information11 electronically, if the electronic copy contains the same information, and deliver them12 to the voters or request the secretary of state to reproduce such records which may13 then be forwarded to the registrar for delivery to the voters. Copying by the registrar14 or his employees or the secretary of state or printing an electronic copy shall be done15 in the presence of a representative of the requesting voters, if they so request.16 * * *17 §1306. Preparation and distribution of absentee by mail and early voting ballots18 A.19 * * *20 (2)(a) Each ballot shall have printed on its face instructions informing the21 voter of the types of marks which may be used on that ballot to indicate his vote.22 Depending on the type of ballot used in an election, one of the following marks may23 be used by a voter to indicate his vote:24 (i) A cross [X] mark.25 (ii) A check [*] mark.26 (iii) A mark that is made by filling in the appropriate space or box.27 * * *28 HLS 13RS-544 REENGROSSED HB NO. 665 Page 3 of 28 CODING: Words in struck through type are deletions from existing law; words underscored are additions. B.(1) The secretary of state shall prepare absentee by mail and early voting1 ballot envelopes, early voting applications, absentee by mail and early voting2 instructions, certificates, and other absentee by mail and early voting balloting3 paraphernalia consistent with the provisions of this Chapter, subject to approval of4 the attorney general as to content. Notwithstanding the provisions of R.S. 18:13165 relating to distinguishing marks on absentee by mail and early voting ballots,6 absentee by mail voting instructions on absentee by mail ballots to be transmitted by7 facsimile in accordance with R.S. 18:1308(A)(1)(b) shall stipulate that the voter may8 mark his ballot with a cross [X] mark or a check [T] mark as provided in Items9 (A)(2)(a)(i) and (ii) of this Section inform the voter of the types of marks which may10 be used on the ballot to indicate his vote. When a court of competent jurisdiction, a11 registrar of voters, the secretary of state, or other competent authority determines that12 there exists a literate linguistic minority equal to more than five percent of the total13 population of any parish, the secretary of state, with approval of the attorney general14 as to content, shall prepare and furnish absentee by mail and early voting ballots,15 absentee by mail and early voting instructions, and certificates in the minority16 language in sufficient quantity to provide to each absentee by mail and early voter17 requesting voting material in that language.18 * * *19 (3) The secretary of state shall prepare early voting ballots and include with20 the election paraphernalia accompanying early voting ballots instructions approved21 by the secretary of state and the attorney general, which generally describe the22 particular early voting counting equipment used in the election to count early voting23 ballots or voting machines used to cast early voting ballots. The instructions shall24 inform the voter how to cast his vote, which shall include if applicable instructions25 for marking the early voting ballot and examples of the correct and incorrect26 methods of marking the ballot.27 C.(1) At least twenty days before each primary election and at least thirteen28 days before each general election, the secretary of state shall deliver to the registrar29 HLS 13RS-544 REENGROSSED HB NO. 665 Page 4 of 28 CODING: Words in struck through type are deletions from existing law; words underscored are additions. in each parish in which the election is to be held the paper absentee by mail and early1 voting ballots, envelopes, early voting applications, certificates, instructions to be2 used in voting by an absentee by mail and early voting ballot in that election, and a3 statement, approved by the attorney general, explaining the scope and nature of any4 proposed constitutional amendment. The number of paper absentee by mail and5 early voting ballots and other necessary paraphernalia to be so delivered shall be up6 to ten percent of the registered voters within each parish.7 * * *8 D. An absentee by mail and early voting ballot envelope shall have printed9 on its face in red bold face type:10 FOR BALLOT ONLY11 VIOLATION OF ABSENTEE BY MAIL OR EARLY12 VOTING LAWS VOIDS BALLOT13 AND MAY RESULT IN CRIMINAL PENALTIES14 VOTING AT POLLS AFTER VOTING ABSENTEE BY MAIL15 OR DURING EARLY VOTING IS PROHIBITED16 AND MAY RESULT IN CRIMINAL PENALTIES17 E.(1) An absentee by mail or early voting ballot envelope also shall have a18 perforated extension or flap below the sealing line, which shall bear a certificate19 prescribed by the secretary of state and approved by the attorney general. The20 certificate shall include but not necessarily be limited to:21 * * *22 (f) An affidavit followed by a line for the handwritten signature or mark of23 the voter, certifying that the statements made by him are true and correct and that the24 voter is aware of the penalties for knowingly making a false statement therein, which25 penalties shall be stated on the certificate.26 * * *27 (2)(a) An absentee by mail or early voting ballot envelope flap shall also28 contain a line for the handwritten signature of one witness. The voter may sign the29 HLS 13RS-544 REENGROSSED HB NO. 665 Page 5 of 28 CODING: Words in struck through type are deletions from existing law; words underscored are additions. certificate in the presence of one witness and in such a case, the voter shall not be1 required to obtain the signature of a notary public, but his certificate shall be made2 under penalty of perjury for providing false or fraudulent information. Above the3 perforation and along the seal line, the words "DO NOT DETACH FLAP" shall be4 printed.5 * * *6 §1309. Early voting application and early voting; verification7 A.(1) The periods period for conducting early voting application and early8 voting shall be from fourteen days to seven days prior to any scheduled election.9 (2) During the early voting period, the registrar shall maintain regular office10 hours, remaining open from 8:30 a.m. to 6:00 p.m. Monday through Saturday. Early11 voting on the last each day of the early voting will period shall terminate when all12 persons who were in line to vote at the close of the regular office hours of the13 registrar's office, as provided in this Paragraph, have been allowed to vote. If the14 office space of the registrar is insufficient or inconvenient to accommodate early15 voting, the registrar may provide for an alternate location to conduct early voting,16 which location shall be in the courthouse or in a public building in the immediate17 vicinity thereof, and in such case, adequate notice shall be posted at the registrar's18 office informing the public of the location where early voting is being conducted.19 * * *20 (4) A registrar shall observe the holidays which are provided by law or21 proclaimed by the governor for state departments during any period for conducting22 early voting application and early voting.23 * * *24 D.(1) Before any voter is allowed to vote during early voting, the registrar25 or his deputy shall establish the voter's identity by requiring him to submit a26 Louisiana driver's license, a Louisiana special identification card issued pursuant to27 R.S. 40:1321, or other generally recognized picture identification card that contains28 the name and signature of the voter. If the voter does not have a Louisiana driver's29 HLS 13RS-544 REENGROSSED HB NO. 665 Page 6 of 28 CODING: Words in struck through type are deletions from existing law; words underscored are additions. license, a Louisiana special identification card, or other generally recognized picture1 identification card that contains the name and signature of the voter, the voter shall2 complete and sign, in the presence of the registrar or his deputy, an a voter3 identification affidavit to that effect provided by the secretary of state, which4 affidavit shall include the voter's date of birth and mother's maiden name. If the5 voter is unable to read or write or is otherwise unable to complete the affidavit due6 to disability, the voter may receive assistance in completing the affidavit, and the7 registrar or his deputy shall make a notation on the affidavit. The voter may receive8 the assistance of any person of his choice, including the registrar or his deputy,9 except a candidate, the voter's employer or employer's agent, or the voter's union10 agent. The registrar or his deputy shall retain the affidavit in the office of the11 registrar of voters. If satisfied that the voter has identified himself as the voter12 registered in the state voter registration computer system or named on the precinct13 register or list kept by the registrar and that he is qualified to vote, the registrar or his14 deputy shall initial the precinct register or early voting list kept by the registrar15 opposite the voter's signature or mark. The voter then shall be allowed to vote. A16 voter who votes without the picture identification required by this Paragraph is17 subject to challenge as provided in R.S. 18:1315.18 (2) If the voter's name is found in the state voter registration computer19 system or precinct register on the inactive list of voters, the voter shall be required20 to complete an address confirmation card to determine his eligibility to vote.21 E.(1) Upon a voter's application to vote during early voting, the registrar or22 his deputy shall obtain the information required to be included on the list provided23 in R.S. 18:1311(A).24 (2) The voter's identity having been established as provided in Subsection25 D of this Section, the voter shall sign or make his mark in the precinct register or26 early voting list kept by the registrar prior to voting.27 (3) (2) The registrar or deputy registrar shall electronically generate the an28 early voting application confirmation sheet for each voter using the state voter29 HLS 13RS-544 REENGROSSED HB NO. 665 Page 7 of 28 CODING: Words in struck through type are deletions from existing law; words underscored are additions. registration computer system or a form prepared by the secretary of state and retain1 the application confirmation sheet in the office of the registrar to be used by the2 registrar to verify each early voter at the end of the early voting period. If a paper3 ballot is used for early voting in lieu of a voting machine, the registrar or deputy4 registrar shall write "early voting paper ballot voter" across the early voting5 confirmation sheet for the voter and attach it to the paper ballot envelope.6 (3) The voter then shall be allowed to cast his vote in an area and in a7 manner that protects the secrecy of his vote.8 * * *9 (5)10 * * *11 (b)(i) In order to cast a vote on a paper ballot, a voter must make a selection12 for a candidate or for or against a proposition by completely filling in the oval to the13 right of a selection and returning the ballot to the appropriate election official within14 the applicable deadline set forth by law. If a voter makes selections for more than15 the number of candidates to be elected for an office or makes selections for and16 against the same proposition, the selections for that office or proposition will be17 void.18 (ii) If the paper ballot envelope contains a certificate on the envelope flap,19 the voter shall not be required to sign the certificate. The registrar of voters or20 deputy registrar shall write "early voting ballot" across the envelope flap and include21 the voter's name, ward, precinct, and registration number and attach it to the early22 voting confirmation sheet so that the ballot may be identified for purposes of a23 challenge filed pursuant to R.S. 18:1315.24 (6) If a person who votes during early voting at the registrar's office casts his25 vote on an incorrect ballot as provided to him by the registrar or his deputy and the26 time for early voting has not expired, the registrar or his deputy shall void the27 incorrect ballot write "void, challenge removal" and the reason for the challenge on28 the confirmation sheet, retain the confirmation sheet, and permit the voter to vote the29 HLS 13RS-544 REENGROSSED HB NO. 665 Page 8 of 28 CODING: Words in struck through type are deletions from existing law; words underscored are additions. correct ballot using a paper ballot. The confirmation sheet shall be attached to the1 paper ballot envelope for review by the parish board of election supervisors on2 election day and for use by the secretary of state's office in removing the voided3 ballot from the voting machine as a challenged ballot on election day.4 F.(1) At the end of each day during early voting, the registrar shall document5 on the early voting verification form provided by the secretary of state for each early6 voting location each of the following:7 (a) The total number for the public counters of all early voting machines for8 the day.9 (b) The total number of early voting confirmation sheets for the day.10 (c) The total number of early voters from the state voter registration11 computer system for the day.12 (d) Any discrepancies or irregularities observed that prevent the total public13 counter number from matching the total early voting confirmation sheet number for14 the day and the total number of early voters from the state voter registration15 computer system for the day.16 (2) Each day, the registrar shall compare the information in the early voting17 confirmation sheets to the information contained in the state voter registration18 computer system. If the registrar finds any discrepancies, he shall make a note19 thereof on the early voting verification form or on a notice of irregularity form20 provided by the secretary of state that he shall attach to the early voting verification21 form.22 (3) At the end of the early voting period, the registrar shall complete the23 early voting verification form for each location and sign and certify to its correctness24 and print an early voter report from the state voter registration computer system25 listing all early voters from the parish. All early voting verification forms, early26 voting machine public counter logs, early voting confirmation sheets, early voter27 reports, and paper ballots voted during early voting shall be placed in the special28 absentee by mail and early voting envelope or container for delivery to the parish29 HLS 13RS-544 REENGROSSED HB NO. 665 Page 9 of 28 CODING: Words in struck through type are deletions from existing law; words underscored are additions. board of election supervisors on election day for the tabulation and counting of early1 voting ballots.2 G. By no later than the fifth day before an election, the registrar shall have3 received from the branch office and all early voting locations all ballots, early voting4 applications, machine results cartridges, early voting confirmation sheets, early5 voting verification forms, early voting machine public counter logs, paper ballot6 envelopes, certificates, early voting lists or duplicate precinct registers, and other7 election paraphernalia. Immediately upon receipt of these materials, the registrar8 shall compare the information contained on each early voting application, the flap9 certificate of each ballot, and the signed lists with the information contained in the10 precinct register. If the registrar finds any discrepancies between the information11 contained on an early voting application or the flap certificate of a ballot envelope12 and that contained in the precinct register, he shall make a note thereof on the front13 of the ballot envelope or early voting application.14 G. H. Prior to delivery of the precinct register to the parish custodian, the15 registrar shall enter the word "absentee" and the date of the election in the proper16 space on ensure that the precinct register reflects for each voter who whether the17 voter voted during early voting and for each voter who voted or voted timely18 absentee by mail whose ballot the registrar had received on or before the last day for19 early voting using the words "voted by mail" and, if the register was not used during20 early voting, "voted early" in the signature line for the voter in the precinct register.21 H. I. In the event of the inability to utilize voting machines for early voting22 within a parish, the registrar may utilize paper ballots for early voting.23 I. J. Upon approval of the secretary of state, a registrar of voters may utilize24 commissioners selected and trained by the registrar of voters to assist the registrar25 during the early voting period in the conduct of early voting by his office. A26 registrar of voters shall, in seeking the approval of the secretary of state, indicate to27 the secretary the number of commissioners that is required for such assistance. A28 HLS 13RS-544 REENGROSSED HB NO. 665 Page 10 of 28 CODING: Words in struck through type are deletions from existing law; words underscored are additions. commissioner who assists the registrar in the conduct of early voting shall be paid1 in accordance with R.S. 18:426.1(3) for each day of such assistance.2 J.(1) K.(1) Only a certified commissioner may be selected to serve as an3 early voting commissioner.4 (2) A person to whom one or more of the following applies shall not serve5 as an early voting commissioner:6 (a) The person is a candidate in the election.7 (b) An immediate family member of the person is a candidate for election8 to public office in the election.9 (c) The person is marked for assistance in voting in the precinct register or10 requires the use of the audio ballot in voting.11 (d) The person has been convicted of an election offense enumerated in12 Chapter 10 of this Title.13 K. L. During early voting the registrar of voters shall make available to the14 public at each location where early voting is conducted copies of the state mail voter15 registration application forms.16 L.(1)(a) M.(1)(a) In a parish where early voting is conducted at an additional17 location pursuant to R.S. 18:1309.2, the registrar may fix the hours and days during18 which early voting shall be conducted at the additional location during the early19 voting period if such hours and days of voting are approved by the secretary of state20 no later than seven days after the close of qualifying for the election.21 (b) The registrar shall ensure that adequate notice is posted at the office of22 the registrar informing the public of the hours and days during which early voting23 will be conducted at the additional location, and the secretary of state shall post such24 notice on the secretary of state's website.25 (2) The provisions of Paragraph (1) of this Subsection shall not apply to26 early voting for gubernatorial or congressional elections.27 HLS 13RS-544 REENGROSSED HB NO. 665 Page 11 of 28 CODING: Words in struck through type are deletions from existing law; words underscored are additions. §1309.1. Preparation of machines for early voting; examination by candidate or his1 representative; sealing machines2 * * *3 D. The registrar of voters shall record the public and protective counter4 numbers for each early voting machine on a form prepared by the secretary of state5 for use in verifying the early voting results on election day.6 * * *7 §1309.3. Assistance in voting during early voting8 * * *9 B.10 * * *11 (4)12 * * *13 (b) The registrar or deputy registrar shall write the voter's name in the14 precinct register or early voting list kept by the registrar and the name of the person15 assisting the voter behind the tab for Assistance to Voters. The person assisting the16 voter, including a registrar or deputy registrar, shall sign his name behind the tab for17 Assistance to Voters.18 * * *19 §1310. Execution of certificate; marking of ballot; casting vote; assistance20 * * *21 C.(1) Any person who assists a voter in voting absentee by mail or during22 early voting if paper ballots are utilized in early voting, shall execute the23 acknowledgment on the ballot envelope flap prepared by the secretary of state,24 verifying that the person providing the assistance has marked the ballot in the25 manner dictated by the voter.26 (2) The registrar or deputy registrar shall follow the procedures contained in27 R.S. 18:1309.3 when paper ballots are used for early voting.28 HLS 13RS-544 REENGROSSED HB NO. 665 Page 12 of 28 CODING: Words in struck through type are deletions from existing law; words underscored are additions. §1311. List of absentee by mail and early voters; posting; delivery of alphabetized1 list to precincts; supplements; absentee by mail voter report2 * * *3 C.4 * * *5 (3) The registrar shall print an absentee by mail voter report from the state6 voter registration computer system listing all voters from whom he has received7 absentee by mail ballots before election day; he shall certify to the correctness of the8 report and deliver the report to the parish board of election supervisors on election9 day for use in the tabulation and counting of absentee by mail ballots.10 D.11 * * *12 (4)(a) If the voter has not voted in person at the precinct, the registrar shall13 instruct the commissioner-in-charge to mark "Absentee" "voted by mail" in the place14 where the voter would ordinarily sign the precinct register and to initial the precinct15 register opposite the word "Absentee" words "voted by mail". The registrar shall16 then include the first absentee by mail ballot received, if received timely, with those17 to be counted by the board, or, if the counting and tabulation of absentee by mail and18 early voting ballots has commenced, shall transmit such ballot to the board to be19 counted. Any second or subsequent ballot received from such person shall be20 considered as not timely received. Accompanying any such absentee by mail ballot21 shall be a statement certified by the registrar that he has verified that such voter has22 not voted in person at the precinct where he is registered to vote.23 * * *24 §1312. Retention of ballots at registrar's office25 A. All absentee by mail and ballots, early voting ballots machine results26 reports, early voting verification forms, early voting machine public counter logs,27 and early voting confirmation sheets, shall be retained in the office of the registrar28 of voters except as otherwise provided in this Chapter.29 HLS 13RS-544 REENGROSSED HB NO. 665 Page 13 of 28 CODING: Words in struck through type are deletions from existing law; words underscored are additions. B. All absentee by mail ballots which are received timely shall be removed1 from the mail return envelope, if applicable, shall be arranged by ward and precinct2 and placed and retained in a special absentee by mail and early voting ballot3 envelope or container designated and used only for that purpose, and shall be4 delivered to the parish board of election supervisors to be counted and tabulated as5 provided in R.S. 18:1313.6 C. After the tabulation of the absentee by mail and early voting ballots on7 election night, the board shall replace the absentee by mail and ballots, early voting8 ballots machine results reports, early voting verification forms, early voting machine9 public counter logs, absentee by mail and early voter reports, and early voting10 confirmation sheets in the special absentee by mail and early voting ballot envelope11 or container and return the envelope or container to the registrar of voters. The12 registrar shall retain these absentee by mail and early voting ballots inviolate in the13 special absentee by mail and early voting ballot envelope or container inviolate until14 the delay for filing an election contest has lapsed, or, if an action contesting the15 election has been filed, until the judgment in the action becomes definitive.16 * * *17 E. Absentee by mail and ballots, early voting ballots, machine results reports,18 early voting verification forms, early voting machine public counter logs, early19 voting confirmation sheets, absentee by mail and early voter reports, applications for20 absentee by mail and early voting ballots, ballots, certificates, and other absentee by21 mail and early voting ballot paraphernalia associated with an election shall be22 retained for six months after an election as provided in R.S. 18:403, unless litigation23 is pending relative to such election. If litigation is pending relative to such election,24 such paraphernalia shall be retained in accordance with any applicable court order25 and until said the litigation is concluded.26 HLS 13RS-544 REENGROSSED HB NO. 665 Page 14 of 28 CODING: Words in struck through type are deletions from existing law; words underscored are additions. §1313. Tabulation and counting of absentee by mail and early voting ballots1 * * *2 B.(1) Absentee by mail and early voting ballots shall be counted at the office3 of the registrar of voters or at a public facility within the parish designated by the4 parish board of election supervisors registrar of voters at a time fixed by the parish5 board of election supervisors, which time shall be set no earlier than 1:00 p.m. and6 no later than 8:00 p.m. on election day.7 (2) Prior to the counting of absentee by mail and early voting ballots on8 election day, any person authorized by the secretary of state may assist the registrar9 of voters in the challenge removal process on the early voting machines, in the10 reading of the early voting machine results cartridges on the secretary of state's11 equipment, and in producing the early voting machine results report. All early12 voting machine results reports shall be placed in the special absentee by mail and13 early voting envelope or container.14 * * *15 E. The board shall count the absentee by mail and early voting ballots and16 announce the results of the absentee by mail and early voting ballots after the closing17 of the polls as the total number of absentee by mail and early voting votes cast in the18 election for each candidate and the total number cast for and against each19 proposition.20 F. The procedure for counting absentee by mail or early voting ballots shall21 be as follows:22 (1) A member of the board shall remove the certificates and special absentee23 by mail ballots, early voter reports, and envelopes containing the absentee by mail24 and early voting ballots and early voting applications from the special absentee by25 mail and early voting ballot envelope or container.26 (2) The board shall announce the name of each absentee by mail or early27 voting voter and the ward and precinct where he is registered to vote, and shall28 compare the name on the certificate, early voting application, or on the flap of the29 HLS 13RS-544 REENGROSSED HB NO. 665 Page 15 of 28 CODING: Words in struck through type are deletions from existing law; words underscored are additions. envelope containing the absentee by mail or early voting ballot with the names on1 the list of absentee by mail or early voting voters and on the supplemental list and2 early voter report.3 * * *4 (4) If the board determines that an absentee by mail or early voting ballot is5 valid, a member of the board shall write the word "absentee" words "voted by mail"6 and his initials on the list absentee by mail report beside the name of the voter as it7 appears on the list or supplemental list of persons who voted absentee by mail and8 shall sign his name in the space therefor which shall be provided on the list for the9 purpose report. If applicable, a member of the board shall tear the flap from the10 envelope containing the absentee by mail or early voting ballot and leave the11 envelope sealed.12 (5) If a majority of the members of the board determine that an absentee by13 mail or early voting ballot is invalid, the members shall leave the flap on the14 envelope containing the absentee by mail or early voting ballot, leave the envelope15 sealed, and a member of the board and shall write the word "rejected", together with16 the reasons for rejecting the ballot, across the envelope containing the ballot, across17 the early voting application, or across the certificate attached to the special absentee18 by mail ballot. He shall also write the word "rejected" and his initials on the19 absentee by mail voter report beside the name of the voter as it appears in the report.20 The rejected absentee by mail and early voting ballots, early voting applications, and21 certificates shall be replaced in the special absentee by mail and early voting ballot22 envelope or container. No rejected absentee by mail or early voting ballot shall be23 counted.24 (6) After the validity of all absentee by mail and early voting ballots has25 been determined, the members of the board shall place the valid early voting26 applications, certificates, and the flaps removed from the valid absentee by mail and27 early voting ballots in the envelope or container provided for that purpose and seal28 HLS 13RS-544 REENGROSSED HB NO. 665 Page 16 of 28 CODING: Words in struck through type are deletions from existing law; words underscored are additions. the envelope or container. Two of the members shall execute the certificate on the1 envelope.2 (7) The members shall open the envelopes containing the valid absentee by3 mail and early voting ballots and remove the ballots.4 * * *5 (9) If a ballot is physically damaged or cannot properly be counted by the6 counting equipment and the vote cast by the voter is clearly discernable discernible7 from a physical inspection of the defective ballot, a true duplicate may be made of8 the 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 G. The procedure for counting early voting machine ballots and paper ballots15 voted during early voting shall be as follows:16 (1) A member of the board shall remove the early voting verification forms,17 early voting machine public counter logs, early voting confirmation sheets, paper18 ballots voted during early voting, early voter report, and all early voting machine19 results reports from the special absentee by mail and early voting ballot envelope or20 container.21 (2) The board shall review the early voting verification forms and early22 voting machine public counter logs and, if found to be acceptable to the board, sign23 each early voting verification form. If the board does not find an early voting24 verification form to be acceptable, it may review any early voting confirmation sheet25 and shall document its correction to the early voting verification form and then sign26 it.27 (3) The board shall announce the results from each early voting machine28 results report for the early voting ballots.29 HLS 13RS-544 REENGROSSED HB NO. 665 Page 17 of 28 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (4) For each paper ballot voted during early voting, the board shall announce1 the name of the person who voted by paper ballot during early voting and the ward2 and precinct where he is registered to vote and shall compare the name on the flap3 of the envelope containing the early voting ballot with the names on the absentee by4 mail and early voter reports.5 (5) The board shall determine the validity of challenges made in accordance6 with R.S. 18:1315.7 (6) If the board determines that a paper ballot voted during early voting is8 valid, a member of the board shall write the words "voted early" and his initials on9 the early voter report beside the name of the voter as it appears on the report. A10 member of the board shall tear the flap from the envelope containing the paper ballot11 voted during early voting and leave the envelope sealed.12 (7) If a majority of the members of the board determine that a paper ballot13 voted during early voting is invalid, the members shall leave the flap on the envelope14 containing the ballot, leave the envelope sealed, and a member of the board shall15 write the word "rejected" together with the reasons for rejecting the ballot across the16 envelope containing the ballot. He shall also write the word "rejected" and his17 initials on the early voter report beside the name of the voter as it appears on the18 report. The rejected ballot shall be placed in the special absentee by mail and early19 voting ballot envelope or container. No rejected paper ballot voted during early20 voting shall be counted.21 (8) After the validity of all paper ballots voted during early voting has been22 determined, the members of the board shall place the valid early voting confirmation23 sheets and flaps removed from the valid paper ballots voted during early voting in24 the envelope or container provided for that purpose and seal the envelope or25 container. Two of the members shall execute the certificate on the envelope or26 container.27 (9) The members shall open the envelopes containing the valid paper ballots28 voted during early voting and remove the ballots.29 HLS 13RS-544 REENGROSSED HB NO. 665 Page 18 of 28 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (10) The board shall, in accordance with the requirements of R.S. 18:1316,1 reject any ballot which contains a distinguishing mark or feature making the ballot2 susceptible of identification.3 (11) If a ballot is physically damaged or cannot properly be counted by the4 counting equipment and the vote cast by the voter is clearly discernible from a5 physical inspection of the defective ballot, a true duplicate may be made of the6 defective ballot in the presence of witnesses and substituted for the ballot. The7 duplicate ballot shall be clearly labeled "duplicate", bear a ballot number which shall8 be recorded on the defective ballot, and be counted in lieu of the defective ballot.9 After a ballot has been duplicated, the defective ballot shall be placed in the special10 absentee by mail and early voting ballot envelope or container, and the duplicate11 ballot shall be counted with the other valid ballots.12 (12)(a) Prior to utilizing any absentee by mail and early voting counting13 equipment, the parish board of election supervisors shall generate a zero tally to14 ensure that the equipment's candidate and question counters are set at zero and that15 no votes have been cast for any candidate or for or against any proposition.16 (b) The board shall sign and certify to the correctness of each zero proof17 sheet and place all zero proof sheets in the special absentee by mail and early voting18 envelope or container.19 (13) The absentee by mail and early voting votes cast for a candidate and20 those cast for and against a proposition shall be counted and the total number of21 absentee by mail and early voting votes cast for a candidate and those cast for and22 against a proposition shall be announced in the order the offices and candidates and23 propositions are listed on the ballot. The members of the board shall enter the total24 number of votes on the final absentee by mail and early voting vote report and shall25 certify the results.26 H. The final absentee by mail and early voting vote report prepared by the27 parish board of election supervisors shall be transmitted to the clerk of court28 immediately upon completion of the tabulation of the absentee by mail and early29 HLS 13RS-544 REENGROSSED HB NO. 665 Page 19 of 28 CODING: Words in struck through type are deletions from existing law; words underscored are additions. voting ballots on election night, and a. A copy of the record shall be transmitted1 immediately to the secretary of state, and a copy of the record shall be placed in the2 special absentee by mail and early voting envelope or container.3 H. I. When the supplemental lists have absentee by mail and early voter4 reports have been returned to the registrar of voters, the registrar, based on the5 information contained in the lists reports, shall confirm that the word "absentee" is6 words "voted by mail" or "voted early" are written in the proper space on the precinct7 register for each voter who voted early or absentee by mail.8 I.(1) J.(1) Upon completion of the tabulation and counting of the absentee9 by mail and early voting ballots, the parish board of election supervisors shall return10 the absentee by mail and early voting ballots and electronic results report to the11 special absentee by mail and early voting ballot envelope or container, shall seal the12 envelope or container, and shall deliver the envelope or container to the registrar of13 voters. The registrar shall preserve the envelope or container and its contents14 inviolate and, except upon order of a court of competent jurisdiction, shall not allow15 the absentee by mail and early voting documents to be inspected by anyone until the16 delay for filing an action contesting the election has lapsed. If an action contesting17 the election is commenced timely, the registrar shall continue to preserve the18 envelope or container and its contents inviolate, subject to the orders of the court,19 until the final judgment in the action has become definitive.20 (2)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection,21 if the number of absentee by mail and early voting ballots cast for all candidates for22 an office could make a difference in the outcome of the election for such office, upon23 the written request of a candidate for such office, the board shall recount the absentee24 by mail ballots by hand or scanning equipment and early voting ballots25 electronically, unless paper ballots were used for early voting and in such case, the26 ballots shall be recounted by hand for such office.27 (b) All recounts of absentee by mail and early voting ballots shall be held at28 10:00 a.m. or following the reinspection of voting machines on the fifth day after the29 HLS 13RS-544 REENGROSSED HB NO. 665 Page 20 of 28 CODING: Words in struck through type are deletions from existing law; words underscored are additions. election and at any time ordered by a court of competent jurisdiction. If the fifth day1 after the election falls on a holiday or weekend, such recount shall be held on the2 next working day at 10:00 a.m. or following the reinspection of voting machines.3 Any written request for recount of absentee by mail and early voting ballots shall be4 filed with the clerk of court. The deadline for filing a request for recount of absentee5 by mail and early voting ballots shall be the last working day prior to the date of the6 recount. Immediately upon receiving any request, the clerk of court shall7 prominently post in his office a notice of the time and place where the absentee by8 mail and early voting ballots will be recounted and the name of the candidate9 requesting the recount.10 (c) Upon completion of recount of the absentee by mail and early voting11 ballots, the board shall return the absentee by mail and early voting documents to the12 special absentee by mail and early voting ballot envelope or container, shall reseal13 the envelope or container, and shall deliver the envelope containing the absentee by14 mail and early voting documents or container and its contents to the registrar of15 voters who shall preserve the envelope and the absentee by mail and early voting16 documents contained therein or container and its contents in the manner provided for17 in Paragraph (1) of this Subsection.18 (d) The candidate requesting the recount shall be responsible for all19 reasonable costs associated with such recount.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 HLS 13RS-544 REENGROSSED HB NO. 665 Page 21 of 28 CODING: Words in struck through type are deletions from existing law; words underscored are additions. request for inspection shall be filed with the clerk of court. The deadline for filing1 a request for inspection shall be the last working day prior to the date of the2 inspection. Immediately upon receiving any request, the clerk of court shall3 prominently post in his office a notice of the time and place where the inspection will4 occur and the name of the candidate requesting the inspection. The candidate5 requesting the inspection shall be responsible for all reasonable costs associated with6 such inspection.7 (4) The parish board of election supervisors shall be entitled to8 reimbursement at the rate established in R.S. 18:423(E) for attending the recount of9 absentee by mail and early voting ballots and inspection, but not both if they are10 conducted on the same day. However, such reimbursement shall not be counted11 toward the six-day limitation provided in R.S. 18:423(E). No member of the parish12 board of election supervisors shall be reimbursed for attending a recount of absentee13 by mail and early voting ballots or inspection if such member received14 reimbursement for attending the reinspection of voting machines which was15 conducted on the same day as the recount of the absentee by mail and early voting16 ballots or inspection.17 * * *18 §1315. Challenge of absentee by mail or early voting ballot19 * * *20 C.21 * * *22 (2) If a challenge in accordance with the provisions of Subsection A of this23 Section is sustained, the vote shall not be counted, the ballot or early voting24 application confirmation sheet shall be placed in the special absentee by mail and25 early voting ballot envelope or container, and the board shall notify the voter in26 writing of the challenge and the cause therefor. This notification shall be on a form27 provided by the secretary of state and shall be signed by at least a majority of the28 members of the board. The notice of the challenge and the cause therefor shall be29 HLS 13RS-544 REENGROSSED HB NO. 665 Page 22 of 28 CODING: Words in struck through type are deletions from existing law; words underscored are additions. given within three days by mail, addressed to the voter at his place of residence. The1 board shall retain a copy of the notification. However, if the challenge is based upon2 a change of residence within the parish or is based upon a change of residence3 outside the parish that has occurred within the last three months, the ballot shall be4 counted provided that the voter confirmed his current address as shown by the5 affidavit of the absentee by mail or early voting ballot envelope flap or early voting6 application confirmation sheet or, if the voter is on the inactive list of voters, as7 shown by the information provided on an address confirmation card.8 (3)(a) If a challenge in accordance with the provisions of Subsection B of9 this Section is sustained, the vote shall not be counted, the board shall write10 "rejected" and the cause therefor across the ballot envelope or early voting11 application confirmation sheet, and shall place the ballots and early voting12 applications confirmation sheets so rejected in the special absentee by mail and early13 voting ballot envelope or container. The board shall notify the voter in writing of the14 challenge and the cause therefor. The notification shall be on a form provided by the15 secretary of state and shall be signed by at least a majority of the members of the16 board. The notice of the challenge and the cause therefor shall be given within three17 days by mail addressed to the voter at his place of residence. The board shall retain18 a copy of the notification.19 (b) If a ballot is rejected pursuant to the provisions of R.S. 18:1316, the vote20 shall not be counted, the board shall write "rejected" and the cause therefor on a21 separate slip of paper and attach it to the ballot, and shall place the ballots so rejected22 in the special absentee by mail and early voting ballot envelope or container.23 * * *24 Section 2. R.S. 18:1306(F) and 1313(F)(10) and (11) are hereby repealed in their25 entirety.26 Section 3. This Act shall become effective upon signature by the governor or, if not27 signed by the governor, upon expiration of the time for bills to become law without signature28 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If29 HLS 13RS-544 REENGROSSED HB NO. 665 Page 23 of 28 CODING: Words in struck through type are deletions from existing law; words underscored are additions. vetoed by the governor and subsequently approved by the legislature, this Act shall become1 effective on the day following such approval.2 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) 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. Provides for the content of the early voting application. Proposed law repeals present law. Present law provides relative to the preparation and distribution of absentee by mail ballots and voting paraphernalia. Requires each ballot to have printed on its face instructions informing the voter of the types of marks which may be used on the ballot to indicate his vote. Proposed law retains present law. Present law provides that depending on the type of ballot used in an election, that a cross mark, a check mark, or a mark that is made by filling in the appropriate space or box may be used by the voter to indicate his vote. 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 envelope. 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. 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 HLS 13RS-544 REENGROSSED HB NO. 665 Page 24 of 28 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 an early voter report from the state voter registration computer system listing all early voters from the parish. Provides that all early voting verification forms, early voting machine public counter logs, early voting confirmation sheets, 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 receive 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 REENGROSSED HB NO. 665 Page 25 of 28 CODING: Words in struck through type are deletions from existing law; words underscored 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. Proposed law requires the registrar to print an absentee by mail voter report from the state voter registration computer system listing all voters from whom he has received absentee by mail ballots before election day. Requires the registrar to certify to the correctness of the report and deliver the report to the parish board of election supervisors on election day for use in the tabulation and counting of absentee by mail ballots. 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 early voting 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. Present law provides that absentee by mail and early voting ballots shall be counted at the office of the registrar of voters or at a public facility within the parish designated by the parish board of election supervisors. Proposed law provides instead that absentee by mail and early voting ballots shall be counted at a public facility within the parish designated by the registrar of voters. Proposed law 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, 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 HLS 13RS-544 REENGROSSED HB NO. 665 Page 26 of 28 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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, early voter report, and all early voting 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 reports. (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 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 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. HLS 13RS-544 REENGROSSED HB NO. 665 Page 27 of 28 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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. (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 the parish board of election supervisors shall determine the validity of challenges made pursuant to present law. Provides that if a majority of the board determines that an absentee by mail ballot is invalid, the members shall leave the flap on the envelope containing the absentee by mail ballot, leave the envelope sealed, and write the word "rejected" together with the reasons for rejecting the ballot across the certificate attached to the special absentee by mail ballot. Provides that a rejected ballot shall not be counted. Proposed law retains present law and additionally provides that a member of the board shall write the word "rejected" and his initials on the absentee by mail voter report beside the name of the voter as it appears on the report. 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(A)(2)(a) and (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. HLS 13RS-544 REENGROSSED HB NO. 665 Page 28 of 28 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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), 1311(C)(3), and 1313(J); Repeals R.S. 18:1306(F), 1313(F)(10) and (11)) Summary of Amendments Adopted by House Committee Amendments Proposed by House Committee on House and Governmental Affairs to the original bill. 1. Adds provisions deleting present law references to cross marks, check marks, and filling in spaces in connection with executing absentee by mail ballots. 2. Adds provisions requiring the registrar of voters to print an absentee by mail voter report from the state voter registration computer system listing all voters from whom he has received absentee by mail ballots before election day; to certify to the correctness of the report; and to deliver the report to the parish board of election supervisors on election day for use in the tabulation and counting of absentee by mail ballots. 3. Changes references in proposed law to the absentee by mail and early voter report to refer to either the absentee by mail voter report, the early voter report, or to both reports, as appropriate. 4. Adds provisions amending present law relative to the parish board of election supervisor's determination that an absentee by mail ballot is invalid. Requires a member of the board to write the word "rejected" and his initials on the absentee by mail voter report beside the name of the voter as it appears on the report. 5. Adds provisions to provide that the registrar of voters instead of the parish board of election supervisors designates the place where absentee by mail and early voting ballots are to be counted. 6. Makes technical changes.