ENROLLED
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ACT No. 395
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.
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
and (G) through (I), and 1315(C)(2) and (3) are hereby amended and reenacted and R.S.22
18:1309(M), 1309.1(D), 1311(C)(3), and 1313(J) are hereby enacted to read as follows:23 ENROLLEDHB NO. 665
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§154. Records open to inspection; copying; exceptions1
* * *2
B. When twenty-five or more qualified voters of a parish request in writing3
that the registrar permit the copying of any part of his records, except the early4
voting applications of voters confirmation sheets, he shall allow this to be done by5
hand or otherwise, if so requested, unless such reproduction seriously interferes with6
the registration of voters or otherwise seriously interferes with the performance of7
the duties imposed on his office by law. In such instances, the registrar shall cause8
his employees to make copies of the requested records or print the information9
electronically, if the electronic copy contains the same information, and deliver them10
to the voters or request the secretary of state to reproduce such records which may11
then be forwarded to the registrar for delivery to the voters. Copying by the registrar12
or his employees or the secretary of state or printing an electronic copy shall be done13
in the presence of a representative of the requesting voters, if they so request.14
* * *15
§1306. Preparation and distribution of absentee by mail and early voting ballots16
A.17
* * *18
(2)(a) Each ballot shall have printed on its face instructions informing the19
voter of the types of marks which may be used on that ballot to indicate his vote.20
Depending on the type of ballot used in an election, one of the following marks may21
be used by a voter to indicate his vote:22
(i) A cross [X] mark.23
(ii) A check [*] mark.24
(iii) A mark that is made by filling in the appropriate space or box.25
* * *26
B.(1) The secretary of state shall prepare absentee by mail and early voting27
ballot envelopes, early voting applications, absentee by mail and early voting28
instructions, certificates, and other absentee by mail and early voting balloting29
paraphernalia consistent with the provisions of this Chapter, subject to approval of30 ENROLLEDHB NO. 665
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the attorney general as to content. Notwithstanding the provisions of R.S. 18:13161
relating to distinguishing marks on absentee by mail and early voting ballots,2
absentee by mail voting instructions on absentee by mail ballots to be transmitted by3
facsimile in accordance with R.S. 18:1308(A)(1)(b) shall stipulate that the voter may4
mark his ballot with a cross [X] mark or a check [T] mark as provided in Items5
(A)(2)(a)(i) and (ii) of this Section inform the voter of the types of marks which may6
be used on the ballot to indicate his vote. When a court of competent jurisdiction,7
a registrar of voters, the secretary of state, or other competent authority determines8
that there exists a literate linguistic minority equal to more than five percent of the9
total population of any parish, the secretary of state, with approval of the attorney10
general as to content, shall prepare and furnish absentee by mail and early voting11
ballots, absentee by mail and early voting instructions, and certificates in the12
minority language in sufficient quantity to provide to each absentee by mail and13
early voter requesting voting material in that language.14
* * *15
(3) The secretary of state shall prepare early voting ballots and include with16
the election paraphernalia accompanying early voting ballots instructions approved17
by the secretary of state and the attorney general, which generally describe the18
particular early voting counting equipment used in the election to count early voting19
ballots or voting machines used to cast early voting ballots. The instructions shall20
inform the voter how to cast his vote, which shall include if applicable instructions21
for marking the early voting ballot and examples of the correct and incorrect22
methods of marking the ballot.23
C.(1) At least twenty days before each primary election and at least thirteen24
days before each general election, the secretary of state shall deliver to the registrar25
in each parish in which the election is to be held the paper absentee by mail and early26
voting ballots, envelopes, early voting applications, certificates, instructions to be27
used in voting by an absentee by mail and early voting ballot in that election, and a28
statement, approved by the attorney general, explaining the scope and nature of any29
proposed constitutional amendment. The number of paper absentee by mail and30 ENROLLEDHB NO. 665
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early voting ballots and other necessary paraphernalia to be so delivered shall be up1
to ten percent of the registered voters within each parish.2
* * *3
D. An absentee by mail and early voting ballot envelope shall have printed4
on its face in red bold face type:5
FOR BALLOT ONLY6
VIOLATION OF ABSENTEE BY MAIL OR EARLY7
VOTING LAWS VOIDS BALLOT8
AND MAY RESULT IN CRIMINAL PENALTIES9
VOTING AT POLLS AFTER VOTING ABSENTEE BY MAIL10
OR DURING EARLY VOTING IS PROHIBITED11
AND MAY RESULT IN CRIMINAL PENALTIES12
E.(1) An absentee by mail or early voting ballot envelope also shall have a13
perforated extension or flap below the sealing line, which shall bear a certificate14
prescribed by the secretary of state and approved by the attorney general. The15
certificate shall include but not necessarily be limited to:16
* * *17
(f) An affidavit followed by a line for the handwritten signature or mark of18
the voter, certifying that the statements made by him are true and correct and that the19
voter is aware of the penalties for knowingly making a false statement therein, which20
penalties shall be stated on the certificate.21
* * *22
(2)(a) An absentee by mail or early voting ballot envelope flap shall also23
contain a line for the handwritten signature of one witness. The voter may sign the24
certificate in the presence of one witness and in such a case, the voter shall not be25
required to obtain the signature of a notary public, but his certificate shall be made26
under penalty of perjury for providing false or fraudulent information. Above the27
perforation and along the seal line, the words "DO NOT DETACH FLAP" shall be28
printed.29
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§1309. Early voting application and early voting; verification1
A.(1) The periods period for conducting early voting application and early2
voting shall be from fourteen days to seven days prior to any scheduled election.3
(2) During the early voting period, the registrar shall maintain regular office4
hours, remaining open from 8:30 a.m. to 6:00 p.m. Monday through Saturday. Early5
voting on the last each day of the early voting will period shall terminate when all6
persons who were in line to vote at the close of the regular office hours of the7
registrar's office, as provided in this Paragraph, have been allowed to vote. If the8
office space of the registrar is insufficient or inconvenient to accommodate early9
voting, the registrar may provide for an alternate location to conduct early voting,10
which location shall be in the courthouse or in a public building in the immediate11
vicinity thereof, and in such case, adequate notice shall be posted at the registrar's12
office informing the public of the location where early voting is being conducted.13
* * *14
(4) A registrar shall observe the holidays which are provided by law or15
proclaimed by the governor for state departments during any period for conducting16
early voting application and early voting.17
* * *18
D.(1) Before any voter is allowed to vote during early voting, the registrar19
or his deputy shall establish the voter's identity by requiring him to submit a20
Louisiana driver's license, a Louisiana special identification card issued pursuant to21
R.S. 40:1321, or other generally recognized picture identification card that contains22
the name and signature of the voter. If the voter does not have a Louisiana driver's23
license, a Louisiana special identification card, or other generally recognized picture24
identification card that contains the name and signature of the voter, the voter shall25
complete and sign, in the presence of the registrar or his deputy, an a voter26
identification affidavit to that effect provided by the secretary of state, which27
affidavit shall include the voter's date of birth and mother's maiden name. If the28
voter is unable to read or write or is otherwise unable to complete the affidavit due29
to disability, the voter may receive assistance in completing the affidavit, and the30 ENROLLEDHB NO. 665
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registrar or his deputy shall make a notation on the affidavit. The voter may receive1
the assistance of any person of his choice, including the registrar or his deputy,2
except a candidate, the voter's employer or employer's agent, or the voter's union3
agent. The registrar or his deputy shall retain the affidavit in the office of the4
registrar of voters. If satisfied that the voter has identified himself as the voter5
registered in the state voter registration computer system or named on the precinct6
register or list kept by the registrar and that he is qualified to vote, the registrar or his7
deputy shall initial the precinct register or early voting list kept by the registrar8
opposite the voter's signature or mark. The voter then shall be allowed to vote. A9
voter who votes without the picture identification required by this Paragraph is10
subject to challenge as provided in R.S. 18:1315.11
(2) If the voter's name is found in the state voter registration computer12
system or precinct register on the inactive list of voters, the voter shall be required13
to complete an address confirmation card to determine his eligibility to vote.14
E.(1) Upon a voter's application to vote during early voting, the registrar or15
his deputy shall obtain the information required to be included on the list provided16
in R.S. 18:1311(A).17
(2) The voter's identity having been established as provided in Subsection18
D of this Section, the voter shall sign or make his mark in the precinct register or19
early voting list kept by the registrar prior to voting.20
(3)(2) The registrar or deputy registrar shall electronically generate the an21
early voting application confirmation sheet for each voter using the state voter22
registration computer system or a form prepared by the secretary of state and retain23
the application confirmation sheet in the office of the registrar to be used by the24
registrar to verify each early voter at the end of the early voting period. If a paper25
ballot is used for early voting in lieu of a voting machine, the registrar or deputy26
registrar shall write "early voting paper ballot voter" across the early voting27
confirmation sheet for the voter and attach it to the paper ballot envelope.28 ENROLLEDHB NO. 665
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(3) The voter then shall be allowed to cast his vote in an area and in a1
manner that protects the secrecy of his vote.2
* * *3
(5)4
* * *5
(b)(i) In order to cast a vote on a paper ballot, a voter must make a selection6
for a candidate or for or against a proposition by completely filling in the oval to the7
right of a selection and returning the ballot to the appropriate election official within8
the applicable deadline set forth by law. If a voter makes selections for more than9
the number of candidates to be elected for an office or makes selections for and10
against the same proposition, the selections for that office or proposition will be11
void.12
(ii) If the paper ballot envelope contains a certificate on the envelope flap,13
the voter shall not be required to sign the certificate. The registrar of voters or14
deputy registrar shall write "early voting ballot" across the envelope flap and include15
the voter's name, ward, precinct, and registration number and attach it to the early16
voting confirmation sheet so that the ballot may be identified for purposes of a17
challenge filed pursuant to R.S. 18:1315.18
(6) If a person who votes during early voting at the registrar's office casts his19
vote on an incorrect ballot as provided to him by the registrar or his deputy and the20
time for early voting has not expired, the registrar or his deputy shall void the21
incorrect ballot write "void, challenge removal" and the reason for the challenge on22
the confirmation sheet, retain the confirmation sheet, and permit the voter to vote the23
correct ballot using a paper ballot. The confirmation sheet shall be attached to the24
paper ballot envelope for review by the parish board of election supervisors on25
election day and for use by the secretary of state's office in removing the voided26
ballot from the voting machine as a challenged ballot on election day.27
F.(1) At the end of each day during early voting, the registrar shall document28
on the early voting verification form provided by the secretary of state for each early29
voting location each of the following:30 ENROLLEDHB NO. 665
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(a) The total number for the public counters of all early voting machines for1
the day.2
(b) The total number of early voting confirmation sheets for the day.3
(c) The total number of early voters from the state voter registration4
computer system for the day.5
(d) Any discrepancies or irregularities observed that prevent the total public6
counter number from matching the total early voting confirmation sheet number for7
the day and the total number of early voters from the state voter registration8
computer system for the day.9
(2) Each day, the registrar shall compare the information in the early voting10
confirmation sheets to the information contained in the state voter registration11
computer system. If the registrar finds any discrepancies, he shall make a note12
thereof on the early voting verification form or on a notice of irregularity form13
provided by the secretary of state that he shall attach to the early voting verification14
form.15
(3) At the end of the early voting period, the registrar shall complete the16
early voting verification form for each location and sign and certify to its correctness17
and print an early voter report from the state voter registration computer system18
listing all early voters from the parish. All early voting verification forms, early19
voting machine public counter logs, early voting confirmation sheets, early voter20
reports, and paper ballots voted during early voting shall be placed in the special21
absentee by mail and early voting envelope or container for delivery to the parish22
board of election supervisors on election day for the tabulation and counting of early23
voting ballots.24
G. By no later than the fifth day before an election, the registrar shall have25
received from the branch office and all early voting locations all ballots, early voting26
applications, machine results cartridges, early voting confirmation sheets, early27
voting verification forms, early voting machine public counter logs, paper ballot28
envelopes, certificates, early voting lists or duplicate precinct registers, and other29
election paraphernalia. Immediately upon receipt of these materials, the registrar30 ENROLLEDHB NO. 665
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shall compare the information contained on each early voting application, the flap1
certificate of each ballot, and the signed lists with the information contained in the2
precinct register. If the registrar finds any discrepancies between the information3
contained on an early voting application or the flap certificate of a ballot envelope4
and that contained in the precinct register, he shall make a note thereof on the front5
of the ballot envelope or early voting application.6
G.H. Prior to delivery of the precinct register to the parish custodian, the7
registrar shall enter the word "absentee" and the date of the election in the proper8
space on ensure that the precinct register reflects for each voter who whether the9
voter voted during early voting and for each voter who voted or voted timely10
absentee by mail whose ballot the registrar had received on or before the last day for11
early voting using the words "voted by mail" and, if the register was not used during12
early voting, "voted early" in the signature line for the voter in the precinct register.13
H.I. In the event of the inability to utilize voting machines for early voting14
within a parish, the registrar may utilize paper ballots for early voting.15
I.J. Upon approval of the secretary of state, a registrar of voters may utilize16
commissioners selected and trained by the registrar of voters to assist the registrar17
during the early voting period in the conduct of early voting by his office. A18
registrar of voters shall, in seeking the approval of the secretary of state, indicate to19
the secretary the number of commissioners that is required for such assistance. A20
commissioner who assists the registrar in the conduct of early voting shall be paid21
in accordance with R.S. 18:426.1(3) for each day of such assistance.22
J.(1)K.(1) Only a certified commissioner may be selected to serve as an early23
voting commissioner.24
(2) A person to whom one or more of the following applies shall not serve25
as an early voting commissioner:26
(a) The person is a candidate in the election.27
(b) An immediate family member of the person is a candidate for election28
to public office in the election.29 ENROLLEDHB NO. 665
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(c) The person is marked for assistance in voting in the precinct register or1
requires the use of the audio ballot in voting.2
(d) The person has been convicted of an election offense enumerated in3
Chapter 10 of this Title.4
K.L. During early voting the registrar of voters shall make available to the5
public at each location where early voting is conducted copies of the state mail voter6
registration application forms.7
L.(1)(a)M.(1)(a) In a parish where early voting is conducted at an additional8
location pursuant to R.S. 18:1309.2, the registrar may fix the hours and days during9
which early voting shall be conducted at the additional location during the early10
voting period if such hours and days of voting are approved by the secretary of state11
no later than seven days after the close of qualifying for the election.12
(b) The registrar shall ensure that adequate notice is posted at the office of13
the registrar informing the public of the hours and days during which early voting14
will be conducted at the additional location, and the secretary of state shall post such15
notice on the secretary of state's website.16
(2) The provisions of Paragraph (1) of this Subsection shall not apply to17
early voting for gubernatorial or congressional elections.18
§1309.1. Preparation of machines for early voting; examination by candidate or his19
representative; sealing machines20
* * *21
D. The registrar of voters shall record the public and protective counter22
numbers for each early voting machine on a form prepared by the secretary of state23
for use in verifying the early voting results on election day.24
* * *25
§1309.3. Assistance in voting during early voting26
* * *27
B.28
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(4)1
* * *2
(b) The registrar or deputy registrar shall write the voter's name in the3
precinct register or early voting list kept by the registrar and the name of the person4
assisting the voter behind the tab for Assistance to Voters. The person assisting the5
voter, including a registrar or deputy registrar, shall sign his name behind the tab for6
Assistance to Voters.7
* * *8
§1310. Execution of certificate; marking of ballot; casting vote; assistance9
* * *10
C.(1) Any person who assists a voter in voting absentee by mail or during11
early voting if paper ballots are utilized in early voting, shall execute the12
acknowledgment on the ballot envelope flap prepared by the secretary of state,13
verifying that the person providing the assistance has marked the ballot in the14
manner dictated by the voter.15
(2) The registrar or deputy registrar shall follow the procedures contained in16
R.S. 18:1309.3 when paper ballots are used for early voting.17
§1311. List of absentee by mail and early voters; posting; delivery of alphabetized18
list to precincts; supplements; absentee by mail voter report19
* * *20
C.21
* * *22
(3) The registrar shall print an absentee by mail voter report from the state23
voter registration computer system listing all voters from whom he has received24
absentee by mail ballots before election day; he shall certify to the correctness of the25
report and deliver the report to the parish board of election supervisors on election26
day for use in the tabulation and counting of absentee by mail ballots.27
D.28
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(4)(a) If the voter has not voted in person at the precinct, the registrar shall1
instruct the commissioner-in-charge to mark "Absentee" "voted by mail" in the place2
where the voter would ordinarily sign the precinct register and to initial the precinct3
register opposite the word "Absentee" words "voted by mail". The registrar shall4
then include the first absentee by mail ballot received, if received timely, with those5
to be counted by the board, or, if the counting and tabulation of absentee by mail and6
early voting ballots has commenced, shall transmit such ballot to the board to be7
counted. Any second or subsequent ballot received from such person shall be8
considered as not timely received. Accompanying any such absentee by mail ballot9
shall be a statement certified by the registrar that he has verified that such voter has10
not voted in person at the precinct where he is registered to vote.11
* * *12
§1312. Retention of ballots at registrar's office13
A. All absentee by mail and ballots, early voting ballots machine results14
reports, early voting verification forms, early voting machine public counter logs,15
and early voting confirmation sheets, shall be retained in the office of the registrar16
of voters except as otherwise provided in this Chapter.17
B. All absentee by mail ballots which are received timely shall be removed18
from the mail return envelope, if applicable, shall be arranged by ward and precinct19
and placed and retained in a special absentee by mail and early voting ballot20
envelope or container designated and used only for that purpose, and shall be21
delivered to the parish board of election supervisors to be counted and tabulated as22
provided in R.S. 18:1313.23
C. After the tabulation of the absentee by mail and early voting ballots on24
election night, the board shall replace the absentee by mail and ballots, early voting25
ballots machine results reports, early voting verification forms, early voting machine26
public counter logs, absentee by mail and early voter reports, and early voting27
confirmation sheets in the special absentee by mail and early voting ballot envelope28
or container and return the envelope or container to the registrar of voters. The29
registrar shall retain these absentee by mail and early voting ballots inviolate in the30 ENROLLEDHB NO. 665
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special absentee by mail and early voting ballot envelope or container inviolate until1
the delay for filing an election contest has lapsed, or, if an action contesting the2
election has been filed, until the judgment in the action becomes definitive.3
* * *4
E. Absentee by mail and ballots, early voting ballots, machine results reports,5
early voting verification forms, early voting machine public counter logs, early6
voting confirmation sheets, absentee by mail and early voter reports, applications for7
absentee by mail and early voting ballots, ballots, certificates, and other absentee by8
mail and early voting ballot paraphernalia associated with an election shall be9
retained for six months after an election as provided in R.S. 18:403, unless litigation10
is pending relative to such election. If litigation is pending relative to such election,11
such paraphernalia shall be retained in accordance with any applicable court order12
and until said the litigation is concluded.13
§1313. Tabulation and counting of absentee by mail and early voting ballots14
* * *15
B.(1) Absentee by mail and early voting ballots shall be counted at the office16
of the registrar of voters or at a public facility within the parish designated by the17
parish board of election supervisors registrar of voters at a time fixed by the parish18
board of election supervisors, which time shall be set no earlier than 1:00 p.m. and19
no later than 8:00 p.m. on election day.20
(2) Prior to the counting of absentee by mail and early voting ballots on21
election day, any person authorized by the secretary of state may assist the registrar22
of voters in the challenge removal process on the early voting machines, in the23
reading of the early voting machine results cartridges on the secretary of state's24
equipment, and in producing the early voting machine results report. All early25
voting machine results reports shall be placed in the special absentee by mail and26
early voting envelope or container.27
* * *28
E. The board shall count the absentee by mail and early voting ballots and29
announce the results of the absentee by mail and early voting ballots after the closing30 ENROLLEDHB NO. 665
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of the polls as the total number of absentee by mail and early voting votes cast in the1
election for each candidate and the total number cast for and against each2
proposition.3
F. The procedure for counting absentee by mail or early voting ballots shall4
be as follows:5
(1) A member of the board shall remove the certificates and special absentee6
by mail ballots, and envelopes containing the absentee by mail and early voting7
ballots and early voting applications from the special absentee by mail and early8
voting ballot envelope or container.9
(2) The board shall announce the name of each absentee by mail or early10
voting voter and the ward and precinct where he is registered to vote, and shall11
compare the name on the certificate, early voting application, or on the flap of the12
envelope containing the absentee by mail or early voting ballot with the names on13
the list of absentee by mail or early voting voters and on the supplemental list voter14
report.15
* * *16
(4) If the board determines that an absentee by mail or early voting ballot is17
valid, a member of the board shall write the word "absentee" words "voted by mail"18
and his initials on the list absentee by mail voter report beside the name of the voter19
as it appears on the list or supplemental list of persons who voted absentee by mail20
and shall sign his name in the space therefor which shall be provided on the list for21
the purpose report. If applicable, a member of the board shall tear the flap from the22
envelope containing the absentee by mail or early voting ballot and leave the23
envelope sealed.24
(5) If a majority of the members of the board determine that an absentee by25
mail or early voting ballot is invalid, the members shall leave the flap on the26
envelope containing the absentee by mail or early voting ballot, leave the envelope27
sealed, and a member of the board and shall write the word "rejected", together with28
the reasons for rejecting the ballot, across the envelope containing the ballot, across29
the early voting application, or across the certificate attached to the special absentee30 ENROLLEDHB NO. 665
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by mail ballot. He shall also write the word "rejected" and his initials on the1
absentee by mail voter report beside the name of the voter as it appears in the report.2
The rejected absentee by mail and early voting ballots, early voting applications, and3
certificates shall be replaced in the special absentee by mail and early voting ballot4
envelope or container. No rejected absentee by mail or early voting ballot shall be5
counted.6
(6) After the validity of all absentee by mail and early voting ballots has7
been determined, the members of the board shall place the valid early voting8
applications, certificates, and the flaps removed from the valid absentee by mail and9
early voting ballots in the envelope or container provided for that purpose and seal10
the envelope or container. Two of the members shall execute the certificate on the11
envelope.12
(7) The members shall open the envelopes containing the valid absentee by13
mail and early voting ballots and remove the ballots.14
* * *15
(9) If a ballot is physically damaged or cannot properly be counted by the16
counting equipment and the vote cast by the voter is clearly discernable discernible17
from a physical inspection of the defective ballot, a true duplicate may be made of18
the defective ballot in the presence of witnesses and substituted for the ballot. The19
duplicate ballot shall be clearly labeled "duplicate", bear a ballot number which shall20
be recorded on the defective ballot, and be counted in lieu of the defective ballot.21
After a ballot has been duplicated, the defective ballot shall be placed in the special22
absentee by mail and early voting ballot envelope or container, and the duplicate23
ballot shall be counted with the other valid ballots.24
G. The procedure for counting early voting machine ballots and paper ballots25
voted during early voting shall be as follows:26
(1) A member of the board shall remove the early voting verification forms,27
early voting machine public counter logs, early voting confirmation sheets, paper28
ballots voted during early voting, early voter report, and all early voting machine29 ENROLLEDHB NO. 665
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are additions.
results reports from the special absentee by mail and early voting ballot envelope or1
container.2
(2) The board shall review the early voting verification forms and early3
voting machine public counter logs and, if found to be acceptable to the board, sign4
each early voting verification form. If the board does not find an early voting5
verification form to be acceptable, it may review any early voting confirmation sheet6
and shall document its correction to the early voting verification form and then sign7
it.8
(3) The board shall announce the results from each early voting machine9
results report for the early voting ballots.10
(4) For each paper ballot voted during early voting, the board shall announce11
the name of the person who voted by paper ballot during early voting and the ward12
and precinct where he is registered to vote and shall compare the name on the flap13
of the envelope containing the early voting ballot with the names on the early voter14
report.15
(5) The board shall determine the validity of challenges made in accordance16
with R.S. 18:1315.17
(6) If the board determines that a paper ballot voted during early voting is18
valid, a member of the board shall write the words "voted early" and his initials on19
the early voter report beside the name of the voter as it appears on the report. A20
member of the board shall tear the flap from the envelope containing the paper ballot21
voted during early voting and leave the envelope sealed.22
(7) If a majority of the members of the board determine that a paper ballot23
voted during early voting is invalid, the members shall leave the flap on the envelope24
containing the ballot, leave the envelope sealed, and a member of the board shall25
write the word "rejected" together with the reasons for rejecting the ballot across the26
envelope containing the ballot. He shall also write the word "rejected" and his27
initials on the early voter report beside the name of the voter as it appears on the28
report. The rejected ballot shall be placed in the special absentee by mail and early29 ENROLLEDHB NO. 665
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voting ballot envelope or container. No rejected paper ballot voted during early1
voting shall be counted.2
(8) After the validity of all paper ballots voted during early voting has been3
determined, the members of the board shall place the valid early voting confirmation4
sheets and flaps removed from the valid paper ballots voted during early voting in5
the envelope or container provided for that purpose and seal the envelope or6
container. Two of the members shall execute the certificate on the envelope or7
container.8
(9) The members shall open the envelopes containing the valid paper ballots9
voted during early voting and remove the ballots.10
(10) The board shall, in accordance with the requirements of R.S. 18:1316,11
reject any ballot which contains a distinguishing mark or feature making the ballot12
susceptible of identification.13
(11) If a ballot is physically damaged or cannot properly be counted by the14
counting equipment and the vote cast by the voter is clearly discernible from a15
physical inspection of the defective ballot, a true duplicate may be made of the16
defective ballot in the presence of witnesses and substituted for the ballot. The17
duplicate ballot shall be clearly labeled "duplicate", bear a ballot number which shall18
be recorded on the defective ballot, and be counted in lieu of the defective ballot.19
After a ballot has been duplicated, the defective ballot shall be placed in the special20
absentee by mail and early voting ballot envelope or container, and the duplicate21
ballot shall be counted with the other valid ballots.22
(12)(a) Prior to utilizing any absentee by mail and early voting counting23
equipment, the parish board of election supervisors shall generate a zero tally to24
ensure that the equipment's candidate and question counters are set at zero and that25
no votes have been cast for any candidate or for or against any proposition.26
(b) The board shall sign and certify to the correctness of each zero proof27
sheet and place all zero proof sheets in the special absentee by mail and early voting28
envelope or container.29 ENROLLEDHB NO. 665
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(13) The absentee by mail and early voting votes cast for a candidate and1
those cast for and against a proposition shall be counted and the total number of2
absentee by mail and early voting votes cast for a candidate and those cast for and3
against a proposition shall be announced in the order the offices and candidates and4
propositions are listed on the ballot. The members of the board shall enter the total5
number of votes on the final absentee by mail and early voting vote report and shall6
certify the results.7
H. The final absentee by mail and early voting vote report prepared by the8
parish board of election supervisors shall be transmitted to the clerk of court9
immediately upon completion of the tabulation of the absentee by mail and early10
voting ballots on election night, and a. A copy of the record shall be transmitted11
immediately to the secretary of state, and a copy of the record shall be placed in the12
special absentee by mail and early voting envelope or container.13
H.I. When the supplemental lists have absentee by mail and early voter14
reports have been returned to the registrar of voters, the registrar, based on the15
information contained in the lists reports, shall confirm that the word "absentee" is16
words "voted by mail" or "voted early" are written in the proper space on the precinct17
register for each voter who voted early or absentee by mail.18
I.(1)J.(1) Upon completion of the tabulation and counting of the absentee by19
mail and early voting ballots, the parish board of election supervisors shall return the20
absentee by mail and early voting ballots and electronic results report to the special21
absentee by mail and early voting ballot envelope or container, shall seal the22
envelope or container, and shall deliver the envelope or container to the registrar of23
voters. The registrar shall preserve the envelope or container and its contents24
inviolate and, except upon order of a court of competent jurisdiction, shall not allow25
the absentee by mail and early voting documents to be inspected by anyone until the26
delay for filing an action contesting the election has lapsed. If an action contesting27
the election is commenced timely, the registrar shall continue to preserve the28
envelope or container and its contents inviolate, subject to the orders of the court,29
until the final judgment in the action has become definitive.30 ENROLLEDHB NO. 665
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are additions.
(2)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection,1
if the number of absentee by mail and early voting ballots cast for all candidates for2
an office could make a difference in the outcome of the election for such office, upon3
the written request of a candidate for such office, the board shall recount the absentee4
by mail ballots by hand or scanning equipment and early voting ballots5
electronically, unless paper ballots were used for early voting and in such case, the6
ballots shall be recounted by hand for such office.7
(b) All recounts of absentee by mail and early voting ballots shall be held at8
10:00 a.m. or following the reinspection of voting machines on the fifth day after the9
election and at any time ordered by a court of competent jurisdiction. If the fifth day10
after the election falls on a holiday or weekend, such recount shall be held on the11
next working day at 10:00 a.m. or following the reinspection of voting machines.12
Any written request for recount of absentee by mail and early voting ballots shall be13
filed with the clerk of court. The deadline for filing a request for recount of absentee14
by mail and early voting ballots shall be the last working day prior to the date of the15
recount. Immediately upon receiving any request, the clerk of court shall16
prominently post in his office a notice of the time and place where the absentee by17
mail and early voting ballots will be recounted and the name of the candidate18
requesting the recount.19
(c) Upon completion of recount of the absentee by mail and early voting20
ballots, the board shall return the absentee by mail and early voting documents to the21
special absentee by mail and early voting ballot envelope or container, shall reseal22
the envelope or container, and shall deliver the envelope containing the absentee by23
mail and early voting documents or container and its contents to the registrar of24
voters who shall preserve the envelope and the absentee by mail and early voting25
documents contained therein or container and its contents in the manner provided for26
in Paragraph (1) of this Subsection.27
(d) The candidate requesting the recount shall be responsible for all28
reasonable costs associated with such recount.29 ENROLLEDHB NO. 665
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(3) A candidate or his representative, in the presence of a majority of the1
parish board of election supervisors, shall be allowed to inspect the flaps removed2
from the valid absentee by mail ballots and the flaps removed from the valid early3
voting ballots when paper ballots are used for early voting. All such inspections4
shall be held at 10:00 a.m. or following the recount of absentee by mail and early5
voting ballots on the fifth day after the election and at any time ordered by a court6
of competent jurisdiction. If the fifth day after the election falls on a holiday or7
weekend, such inspection shall be held on the next working day at 10:00 a.m. or8
following the recount of absentee by mail and early voting ballots. Any written9
request for inspection shall be filed with the clerk of court. The deadline for filing10
a request for inspection shall be the last working day prior to the date of the11
inspection. Immediately upon receiving any request, the clerk of court shall12
prominently post in his office a notice of the time and place where the inspection will13
occur and the name of the candidate requesting the inspection. The candidate14
requesting the inspection shall be responsible for all reasonable costs associated with15
such inspection.16
(4) The parish board of election supervisors shall be entitled to17
reimbursement at the rate established in R.S. 18:423(E) for attending the recount of18
absentee by mail and early voting ballots and inspection, but not both if they are19
conducted on the same day. However, such reimbursement shall not be counted20
toward the six-day limitation provided in R.S. 18:423(E). No member of the parish21
board of election supervisors shall be reimbursed for attending a recount of absentee22
by mail and early voting ballots or inspection if such member received23
reimbursement for attending the reinspection of voting machines which was24
conducted on the same day as the recount of the absentee by mail and early voting25
ballots or inspection.26
* * *27
§1315. Challenge of absentee by mail or early voting ballot28
* * *29 ENROLLEDHB NO. 665
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C.1
* * *2
(2) If a challenge in accordance with the provisions of Subsection A of this3
Section is sustained, the vote shall not be counted, the ballot or early voting4
application confirmation sheet shall be placed in the special absentee by mail and5
early voting ballot envelope or container, and the board shall notify the voter in6
writing of the challenge and the cause therefor. This notification shall be on a form7
provided by the secretary of state and shall be signed by at least a majority of the8
members of the board. The notice of the challenge and the cause therefor shall be9
given within three days by mail, addressed to the voter at his place of residence. The10
board shall retain a copy of the notification. However, if the challenge is based upon11
a change of residence within the parish or is based upon a change of residence12
outside the parish that has occurred within the last three months, the ballot shall be13
counted provided that the voter confirmed his current address as shown by the14
affidavit of the absentee by mail or early voting ballot envelope flap or early voting15
application confirmation sheet or, if the voter is on the inactive list of voters, as16
shown by the information provided on an address confirmation card.17
(3)(a) If a challenge in accordance with the provisions of Subsection B of18
this Section is sustained, the vote shall not be counted, the board shall write19
"rejected" and the cause therefor across the ballot envelope or early voting20
application confirmation sheet, and shall place the ballots and early voting21
applications confirmation sheets so rejected in the special absentee by mail and early22
voting ballot envelope or container. The board shall notify the voter in writing of the23
challenge and the cause therefor. The notification shall be on a form provided by the24
secretary of state and shall be signed by at least a majority of the members of the25
board. The notice of the challenge and the cause therefor shall be given within three26
days by mail addressed to the voter at his place of residence. The board shall retain27
a copy of the notification.28
(b) If a ballot is rejected pursuant to the provisions of R.S. 18:1316, the vote29
shall not be counted, the board shall write "rejected" and the cause therefor on a30 ENROLLEDHB NO. 665
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separate slip of paper and attach it to the ballot, and shall place the ballots so rejected1
in the special absentee by mail and early voting ballot envelope or container.2
* * *3
Section 2. R.S. 18:1306(F) and 1313(F)(10) and (11) are hereby repealed in their4
entirety.5
Section 3. This Act shall become effective upon signature by the governor or, if not6
signed by the governor, upon expiration of the time for bills to become law without signature7
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If8
vetoed by the governor and subsequently approved by the legislature, this Act shall become9
effective on the day following such approval.10
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: