Barras (HB 665) Act No. 395
Prior law (R.S. 18:1306) required the secretary of state to prepare early voting ballot
envelopes, early voting applications, and other early voting balloting paraphernalia.
Provided for the content of the early voting ballot envelope. Provided for the content of the
early voting application. New law repeals prior law.
Existing 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.
Prior law provided that depending on the type of ballot used in an election a cross mark, a
check mark, or a mark that was made by filling in the appropriate space or box could be used
by the voter to indicate his vote. New law repeals prior law.
Prior law required 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. Provided for the number of paper early voting ballots that
were required to be delivered. New law repeals prior law.
Existing 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. New law specifies that the line shall also be for the mark
of the voter.
Existing 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.
Prior law provided that early voting on the last day of voting terminated 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. New law provides instead that early voting each day of the early
voting period (not just the last day) shall terminate when all persons who were in line to vote
at the close of the registrar's office have been allowed to vote.
Existing 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. New law refers to the
affidavit as a "voter identification affidavit".
Existing law provides that the precinct register may be used to establish the identity of the
voter. Prior law also allowed the registrar to use a list kept by him for this purpose. New
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 as an alternative to the
precinct register. Provides that the registrar shall initial the precinct register or the list kept
by the registrar after establishing the identity of the voter.
Prior law provided for application to vote during early voting. Provided for the content of
an early voting application. New law repeals prior 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.
Existing law provides for using paper ballots during early voting under certain
circumstances. New law 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 existing law (R.S. 18:1315).
New 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.
New 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.
New 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.
Prior law required that the registrar receive election paraphernalia from branch offices no
later than five days before the election. New law changes the deadline to the day before the
election. Specifies the election paraphernalia that must be received.
Prior law required the registrar to compare information contained on the early voting
application with the information on ballot envelopes and contained in the precinct register.
Required him to make note of discrepancies. New law repeals prior law.
Prior law provided that prior to delivery of the precinct register to the parish custodian, the
registrar was required to 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. New 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.
Existing 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. New law 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.
Existing law (R.S. 18:1309.3) provides for assistance during early voting. Provides
procedures and requirements. New law expressly provides that the procedures in existing
law shall be followed when paper ballots are used during early voting.
Existing 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 in the place where the voter would ordinarily sign the
register. Prior law required the precinct register to be marked "Absentee". New law requires
the precinct register to be marked "voted by mail" instead of "Absentee".
New 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.
Existing 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 ballots. Prior law
required the same for early voting ballots. New law repeals prior law. 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.
Existing 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.
Prior law provided that absentee by mail and early voting ballots were 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. New 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.
New 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 machine results reports
shall be placed in the special absentee by mail and early voting envelope or container.
Existing law provides procedures that apply to the counting of absentee by mail ballots.
Prior law applied these procedures to early voting ballots. New law 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 early voter report.
(5)The board shall determine the validity of challenges made in accordance with
existing 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 existing 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.
(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.
Existing 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.
Prior law provided that if a challenge was sustained, the early voting ballot application was
used and retained in connection therewith. New law provides that the early voting
confirmation sheet is used and retained instead of the early voting application.
Existing law (R.S. 18:1313) provides that the parish board of election supervisors shall
determine the validity of challenges made pursuant to existing 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.
New law 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.
Prior law (R.S. 18:154) prohibited the registrar and the Dept. of State from disclosing early
voting applications of voters. New law repeals prior law and instead prohibits the disclosure
of early voting confirmation sheets.
New law makes various technical changes.
Effective upon signature of governor (June 18, 2013).
(Amends R.S. 18:154(B), 1306(A)(2)(a), (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. 18:1309(M),
1309.1(D), 1311(C)(3), and 1313(J); Repeals R.S. 18:1306(F) and 1313(F)(10) and (11))