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Regular Session, 2014
HOUSE BILL NO. 383
BY REPRESENTATIVE TIM BURNS
ELECTION CODE: Makes revisions to the La. Election Code
AN ACT1
To amend and reenact R.S. 18:58(B), 104(A)(15), 154(C)(1)(introductory paragraph),2
(D)(3), and (G)(introductory paragraph), 425(A)(1)(b), 433(B)(8), 435(B),3
465(E)(1)(a), 531.1(B), 566.2(B), 571(A)(6) and (7), 573(B), 1284(F)(1), 1299.1(A),4
1300.3(A) and (B)(1), 1300.7(A), 1300.32(A) and (B)(1), 1302(2), 1308(A)(1)(b),5
(h)(i), and (i), 1309(M)(1)(a), 1353(B) and (C)(2), 1361(A) and (B), and 1362, to6
enact R.S. 18:154(D)(4) and (F)(3), and to repeal R.S. 18:174 and Part I-A of7
Chapter 5 of Title 18 of the Louisiana Revised Statutes of 1950, comprised of R.S.8
18:411 through 417, relative to the Louisiana Election Code; to revise the system of9
laws comprising the Louisiana Election Code; to provide relative to the duties of10
registrars of voters; to require registrars to assign voters according to voting districts;11
to provide deadlines; to provide relative to requirements and procedures for12
application for voter registration; to provide relative to disclosure of certain voter13
information; to repeal provisions requiring certain reports regarding changes of name14
and remarriage; to repeal provisions applicable to certain elections held in 1992; to15
provide relative to the selection of commissioners and commissioners-in-charge; to16
provide relative to the deadline for filing a list of watchers; to provide relative to the17
deadline for submitting a nominating petition; to provide relative to notification that18
a polling place will not be opened; to provide relative to the counting and tabulation19
of votes; to provide relative to the verification of election results; to provide relative20
to requirements for a proposition submitted to the voters at an election; to provide21 HLS 14RS-323 ENGROSSED
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relative to the deadline for certifying a recall petition; to provide relative to the1
deadline for removing or adding a signature to a recall petition; to provide relative2
to the deadline for the governor to issue a proclamation ordering a recall election; to3
provide relative to certain deadlines for petitions relative to neighborhood and crime4
prevention districts; to provide relative to early voting at additional locations; to5
provide relative to procedures and requirements for absentee voting by mail; to6
provide relative to voting machines and absentee by mail and early voting counting7
equipment; to provide relative to the authority of the secretary of state relative to8
voting machines and absentee by mail and early voting counting equipment; to9
provide relative to the ownership of voting machines; to provide relative to parish10
board commissioners; to provide relative to the counting and tabulation of absentee11
by mail, early voting, and provisional ballots; to provide for effectiveness; and to12
provide for related matters.13
Be it enacted by the Legislature of Louisiana:14
Section 1. R.S. 18:58(B), 104(A)(15), 154(C)(1)(introductory paragraph), (D)(3),15
and (G)(introductory paragraph), 425(A)(1)(b), 433(B)(8), 435(B), 465(E)(1)(a), 531.1(B),16
566.2(B), 571(A)(6) and (7), 573(B), 1284(F)(1), 1299.1(A), 1300.3(A) and (B)(1),17
1300.7(A), 1300.32(A) and (B)(1), 1302(2), 1308(A)(1)(b), (h)(i), and (i), 1309(M)(1)(a),18
1353(B) and (C)(2), 1361(A) and (B), and 1362 are hereby amended and reenacted and R.S.19
18:154(D)(4) and (F)(3) are hereby enacted to read as follows:20
§58. Powers and duties of registrars21
* * *22
B.(1) The registrar shall be responsible for conducting absentee by mail and23
early voting in the parish he serves, as provided by Chapter 7 of this Code.24
(2) The registrar shall assign voters in the state voter registration computer25
system according to each voting district in the parish from which an election is to be26
conducted. For a primary election, the assignment of voters shall be completed on27
or before the fifth business day prior to the opening of qualifying for the primary28 HLS 14RS-323 ENGROSSED
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election. For a general election, the assignment of voters shall be completed on or1
before the fifty-first day prior to the general election.2
* * *3
§104. Application for registration; form4
A. The secretary of state, subject to approval by the attorney general as to5
content, shall prescribe the form that shall be used uniformly by each registrar in the6
state and any person authorized to accept voter registration applications in registering7
qualified citizens to vote. The form shall contain spaces for at least the following8
information with respect to the applicant:9
* * *10
(15) The application form also shall inform the applicant of the penalty for11
violation of applicable laws relating to registration of voters and shall contain an12
affidavit to be subscribed, through a handwritten signature, before the registrar,13
deputy, or any person authorized to accept voter registration applications attesting14
that the applicant is a United States citizen and that the facts given by him on this15
application are true to the best of his knowledge and belief. When the registration16
application is completed at the office of motor vehicles of the Department of Public17
Safety and Corrections or electronically on the secretary of state's website, an18
electronically captured signature of the applicant may shall suffice as a handwritten19
signature of the applicant.20
* * *21
§154. Records open to inspection; copying; exceptions22
* * *23
C.(1) Notwithstanding any provision of this Section to the contrary, neither24
the registrar, the clerk of court, nor the Department of State, and the office of motor25
vehicles of the Department of Public Safety and Corrections and any entity that26
contracts with the office shall circulate be prohibited from circulating on a27
commercial list or otherwise disclose disclosing the following:28
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D.1
* * *2
(3) Notwithstanding any provision of this Section to the contrary, the clerk3
of court shall not disclose the name and address of a law enforcement officer if the4
state voter registration computer system indicates that certification has been received5
from the law enforcement agency employing the officer that the officer is engaging6
in hazardous activities to the extent that it is necessary for his name and address to7
be kept confidential.8
(4) Any agency employing a law enforcement officer availing himself of9
Paragraph (1) or (2) of this Subsection shall also issue decertification notices to the10
registrar of voters and the secretary of state when the officer is no longer engaging11
in hazardous activities to the extent that it is necessary for his name and address to12
be kept confidential.13
* * *14
F.15
* * *16
(3) Notwithstanding any provision of this Section to the contrary, the clerk17
of court shall not disclose the name and physical address of a program participant in18
the Department of State Address Confidentiality Program, as provided in R.S. 44:5119
et seq.20
G. Notwithstanding any provision of this Section to the contrary, neither the21
registrar, the clerk of court, nor and the Department of State shall disclose be22
prohibited from disclosing the following:23
* * *24
§425. Commissioners25
A. Number. (1) In addition to the commissioner-in-charge, at the following26
elections there shall be the following number of additional commissioners at each27
precinct:28
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(b) For all elections not specifically provided for in Subparagraph (a) of this1
Paragraph or in Part III of Chapter 6 of this Code:2
(i) Three commissioners for precincts with more than three hundred active3
registered voters eligible to vote in the election.4
(ii) Two commissioners for precincts with three hundred or fewer active5
registered voters or less eligible to vote in the election.6
* * *7
§433. Commissioners-in-charge; course of instruction; selection; commission;8
disqualification; replacement9
* * *10
B. Selection.11
* * *12
(8) After the commissioners-in-charge are selected, the parish board of13
election supervisors shall compile a list containing the name, social security number,14
party affiliation, and mailing address of each and shall mail the list to the secretary15
of state the clerk of court shall enter the list in the state voter registration computer16
system.17
* * *18
§435. Watchers; appointment and commission19
* * *20
B. Lists of watchers. A list of watchers shall be filed with the clerk of court21
before 5:00 4:30 p.m. on the tenth day before the primary or general election;22
however, if the tenth day before the primary or general election falls on a Saturday,23
Sunday, or other legal holiday, the list shall be filed on the next day which is not a24
Saturday, Sunday, or other legal holiday. Except for a candidate or recognized25
political party filing for a slate of candidates for presidential elector, any person26
filing a list of watchers must attach a certified statement that the report required by27
R.S. 18:1486 has been filed with the supervisory committee in compliance with the28
Campaign Finance Disclosure Act. If any candidate submits a list for the primary29 HLS 14RS-323 ENGROSSED
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election and does not submit a list for the general election, the list submitted in the1
primary election shall be treated as his list submitted for the general election. A list2
of watchers shall contain only one watcher and one alternate watcher for each3
precinct where the candidate or person submitting the list is entitled to have a4
watcher. The list shall be typed or legibly written, and it shall contain the name and5
mailing address of each watcher and a designation of the precinct where he is to6
serve.7
* * *8
§465. Nominating petitions9
* * *10
E. Certification. (1)(a) A nominating petition shall be submitted to the11
registrars of voters in the parishes where the signers reside. A nominating petition12
shall be submitted to the registrars in such parishes not less than thirty days before13
the qualifying period ends for candidates in the primary election or, in the case of14
presidential electors, in the presidential election, except that in a special election15
called pursuant to R.S. 18:402(E), 601(A)(2), or 1279, a nominating petition shall16
be submitted by the candidate to the registrars of voters in such parishes not less than17
fourteen days before the qualifying period ends for candidates in the special election.18
If the final day for submitting a nominating petition to the registrars of voters falls19
on a Saturday, Sunday, or legal holiday, then the next day which is not a Saturday,20
Sunday, or legal holiday shall be deemed to be the final day for submitting the21
nominating petition.22
* * *23
§531.1. Exception to opening polls; alternative voting locations24
* * *25
B. The registrar of voters shall notify the secretary of state and the other26
members of the parish board of election supervisors of all such determinations.27
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§566.2. Tabulation and counting of provisional ballots for federal office1
* * *2
B. The parish board of election supervisors in each parish shall be3
responsible for the counting and tabulation of all provisional ballots for federal4
office. The board may utilize absentee by mail and early voting parish board5
commissioners to count the provisional ballots in the parish. If the board determines6
that absentee by mail and early voting parish board commissioners are necessary to7
count and tabulate the provisional ballots, it shall select absentee by mail and early8
voting parish board commissioners in accordance with the provisions of R.S.9
18:1314(D). In a parish where no absentee by mail and early voting parish board10
commissioners are utilized during the counting and tabulation of absentee by mail11
and early voting ballots, the board may utilize commissioners to count the12
provisional ballots. The selection and compensation of such commissioners to count13
and tabulate provisional ballots shall be in the same manner as absentee by mail and14
early voting parish board commissioners as provided for in R.S. 18:1314(D) and (E).15
* * *16
§571. Counting and tabulating the votes17
A. At the termination of voting in a primary or general election, the18
commissioners shall announce that voting is terminated. The commissioners in the19
presence of the watchers shall immediately:20
* * *21
(6) Complete in duplicate an affidavit. The affidavit shall be prepared by the22
secretary of state and shall contain the name, address, and last four digits of the23
social security number of each commissioner and an acknowledgment that the law24
prohibits disclosure of confidential voter information listed in the precinct register.25
The affidavit shall be signed by each commissioner, and the original affidavit shall26
be placed in the bag that is delivered to the clerk of court.27
(7) Place the duplicate affidavit, all duplicate records of challenges, all28
duplicate precinct register corrections, all voter identification affidavits, any29 HLS 14RS-323 ENGROSSED
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physicians' certificates, and any address confirmation cards in the envelope marked1
"Registrar of Voters", seal it and attach it to the precinct register, and seal the2
precinct register.3
* * *4
§573. Evidence of election results5
* * *6
B. Verification of election results. After the machines are opened, the clerk7
of court, in the presence of the parish board of election supervisors or the members8
of the board selected by the board as its representatives and the candidates or their9
representatives, shall immediately verify the total votes cast for each candidate and10
the total votes cast for and against each proposition as shown on the voting machines11
or voting machine election result sheets and the total number of absentee by mail and12
early voting votes cast for each candidate and the total number of absentee by mail13
and early voting votes cast for and against each proposition as shown by the14
tabulation blanks of absentee by mail and early voting votes final absentee by mail15
and early voting report filed with the clerk by the parish board of election16
supervisors. The machine votes cast shall be shown separately by each precinct, and17
the absentee by mail and early voting votes cast shall be shown as the total number18
of votes cast for each candidate and the total number of votes cast for and against19
each proposition.20
* * *21
§1284. Resolution calling election; proposition22
* * *23
F.(1) The preparation of the proposition to be submitted to the voters at an24
election shall be the responsibility of the governing authority of the political25
subdivision ordering the election. The proposition shall include the information26
required by this Section in simple, unbiased, concise, and easily understood language27
and be in the form of a question. The proposition shall not exceed two hundred28 HLS 14RS-323 ENGROSSED
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words in length and shall not include words that are struck through, underscored, or1
in boldface type.2
* * *3
§1299.1. Question or proposition to be voted on; length4
A. The preparation of a question or proposition to be submitted to the voters5
at an election shall be the responsibility of the governing authority or other entity6
calling the election or submitting the question or proposition. The proposition shall7
be comprised of simple, unbiased, concise, and easily understood language and be8
in the form of a question. The proposition shall not exceed two hundred words in9
length and shall not include words that are struck through, underscored, or in10
boldface type.11
* * *12
§1300.3. Certification of registrar of voters; addition or withdrawal of signatures;13
form of names14
A. The registrar of voters of each parish in the voting area wherein a recall15
election is sought shall certify on the recall petition, within fifteen working days after16
it is presented to him for that purpose, the number of names appearing thereon, the17
number of qualified electors of the voting area within the parish whose handwritten18
signatures appear on the petition, and also the total number of electors of the voting19
area within the parish as of the date of the filing of the petition with the secretary of20
state. However, if any parish wholly or partially within the voting area has more21
than fifty thousand registered voters, the registrar of voters for each parish within the22
voting area shall complete such certification on the recall petition within twenty23
working days after it is presented to him for that purpose. If the final day for the24
registrar to certify the recall petition falls on a Saturday, Sunday, or legal holiday,25
then the next day which is not a Saturday, Sunday, or legal holiday shall be deemed26
to be the final day for certifying the recall petition. Each registrar also shall indicate27
on the petition the names appearing thereon who are not electors of the voting area.28
Each person who participates in the review of the names on the petition for29 HLS 14RS-323 ENGROSSED
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certification by the registrar as required in this Section shall initial each of those1
portions of the petition which he reviews for certification by the registrar.2
B.(1) The registrar of voters shall honor the written request of any voter who3
either desires to have his handwritten signature stricken from the petition or desires4
to have his handwritten signature added to the petition at any time after receipt of the5
signed petition as provided in R.S. 18:1300.2(C) but prior to certification of the6
petition or within five days after receipt of such signed petition, whichever is earlier.7
If the deadline for removing or adding a signature to the petition falls on a Saturday,8
Sunday, or legal holiday, then the next day which is not a Saturday, Sunday, or legal9
holiday shall be deemed to be the deadline for removing or adding a signature to the10
petition. The written request of the voter shall include the name and address of the11
voter, the signature of the voter, the date of birth of the voter, and the date.12
* * *13
§1300.7. Governor to order election; proclamation; publication14
A. If the required number of qualified electors of the voting area sign the15
petition for recall, the governor shall issue a proclamation ordering an election to be16
held for the purpose of voting on the question of the recall of the officer. The total17
number of registered voters in the voting area and the total number of registered18
voters in the voting area signing the petition shall be calculated from the totals on the19
certificates of all of the registrars of voters received by the governor. The governor20
shall issue such proclamation within fifteen days after he receives the certified21
petitions from all of the registrars of voters in the voting area who have received22
petitions for certification. If the final day for the governor to issue the proclamation23
falls on a Saturday, Sunday, or legal holiday, then the next day which is not a24
Saturday, Sunday, or legal holiday shall be deemed to be the final day for issuing the25
proclamation. The proclamation shall order the election to be held on the next26
available date specified in R.S. 18:402(F). If the election is to be held on a primary27
election date, the proclamation shall be issued on or before the last day for28
candidates to qualify in the election. If the election is not to be held on a primary29 HLS 14RS-323 ENGROSSED
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election date, then the proclamation shall be issued on or before the forty-sixth day1
prior to the election.2
* * *3
§1300.32. Certification of registrar of voters; addition or withdrawal of signatures;4
form of names5
A. The registrar of the parish shall certify on the petition within fifteen6
working days after it is presented to him for that purpose, the number of names7
appearing thereon, the number of qualified electors of the voting area within the8
parish whose handwritten signatures appear on the petition, and also the total number9
of electors of the voting area within the parish as of the date of the filing of the10
petition with the appropriate local governing authority. If the final day for the11
registrar to certify the petition falls on a Saturday, Sunday, or legal holiday, then the12
next day which is not a Saturday, Sunday, or legal holiday shall be deemed to be the13
final day for certifying the petition. The registrar also shall indicate on the petition14
the names appearing thereon who are not electors of the voting area. Each person15
who participates in the review of the names on the petition for certification by the16
registrar as required in this Section shall initial each of those portions of the petition17
which he reviews for certification by the registrar.18
B.(1) The registrar of voters shall honor the written request of any voter who19
either desires to have his handwritten signature stricken from the petition or desires20
to have his handwritten signature added to the petition at any time after receipt of the21
signed petition as provided in R.S. 18:1300.31(D) but prior to certification of the22
petition or within five days after receipt of such signed petition, whichever is earlier.23
If the deadline for removing or adding a signature to the petition falls on a Saturday,24
Sunday, or legal holiday, then the next day which is not a Saturday, Sunday, or legal25
holiday shall be deemed to be the deadline for removing or adding a signature to the26
petition. The written request of the voter shall include the name and address of the27
voter, the signature of the voter, the date of birth of the voter, and the date.28
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§1302. Definitions1
As used in this Chapter, unless the context clearly indicates otherwise, the2
following terms shall have the meanings hereafter ascribed to each:3
* * *4
(2) "Board" means the parish board of election supervisors of each parish.5
If absentee by mail and early voting parish board commissioners are utilized by the6
parish board of election supervisors to count and tabulate absentee votes by mail and7
early voting ballots, the term "board" for the purposes of R.S. 18:1306, 1311, 1312,8
1313, 1315, and 1316 may shall also mean absentee by mail and early voting parish9
board commissioners.10
* * *11
§1308. Absentee voting by mail12
A.(1)13
* * *14
(b) If the voter feels he will not have time to vote timely by mail, the voter15
may request that the registrar transmit to him by facsimile a ballot, including the16
affidavit, or a second ballot, as the case may be, along with a certificate and waiver17
of the right to a secret ballot, and the registrar shall do so if he has a facsimile18
machine in his office. However, the registrar shall not be required to send a second19
ballot by facsimile if the voter received a ballot by mail. The waiver of the right to20
a secret ballot shall contain the following statement: "My ballot was transmitted by21
facsimile to me, and I am voluntarily waiving my right to a secret ballot." The22
waiver shall also contain spaces for the voter's handwritten signature, the date, and23
the last four digits of the voter's social security number. The voter may then mail his24
voted ballot, including the affidavit, and completed certificate and waiver back to the25
registrar or transmit it the documents by facsimile if the registrar has a facsimile26
machine in his office. If the voter transmits his voted ballot to the registrar by27
facsimile, the documents to be transmitted shall contain the following statement: "I28
understand that by faxing my voted ballot I am voluntarily waiving my right to a29 HLS 14RS-323 ENGROSSED
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secret ballot." This statement shall be followed by the voter's handwritten signature,1
date, and social security number at the facsimile machine number designated by the2
registrar. Upon receipt of the transmittal, the registrar shall place the voted ballot3
along with the signed statement and affidavit completed certificate and waiver in an4
appropriately marked envelope and seal it. The registrar and his staff shall take the5
steps necessary to keep the voted ballots received by facsimile as confidential as6
practicable.7
* * *8
(h)(i) For electronically transmitted ballots, the registrar shall transmit the9
ballot or ballots, certificate, and waiver of the right to a secret ballot to the voter for10
each ballot mailing. The waiver of the right to a secret ballot shall contain the11
following statement: "My ballot was transmitted electronically to me , and I am12
voluntarily waiving my right to a secret ballot." The statement waiver shall also13
contain a space spaces for the voter's handwritten signature, the date, and the last14
four digits of the voter's social security number. The voter shall return by mail15
facsimile or any means authorized by Subsection B of this Section his voted ballot16
or ballots, and completed certificate, and signed waiver of the right to a secret ballot17
for each ballot mailing. The registrar and his staff shall take the steps necessary to18
keep each voted ballot that was transmitted electronically as confidential as19
practicable.20
* * *21
(i) Notwithstanding the provisions of Subparagraphs (a) through (f) of this22
Paragraph, a voter who is a member of the United States Service or who resides23
outside the United States and who feels he will not have time to vote timely by mail,24
may request that the registrar transmit to him by facsimile a ballot, including the25
certificate, or a second ballot, as the case may be, along with a certificate and waiver26
of the right to a secret ballot, and the registrar shall do so. The waiver of the right27
to a secret ballot shall contain the following statement: "My ballot was transmitted28
by facsimile to me, and I am voluntarily waiving my right to a secret ballot." The29 HLS 14RS-323 ENGROSSED
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waiver shall also contain spaces for the voter's handwritten signature, the date, and1
the last four digits of the voter's social security number. The voter may then either2
mail or transmit by facsimile his voted ballot and completed certificate and waiver3
back to the registrar or transmit the documents by facsimile at the facsimile machine4
number designated by the registrar. If the voter chooses to transmit his voted ballot5
to the registrar by facsimile, the documents to be transmitted shall contain the6
following statement: "I understand that by faxing my voted ballot I am voluntarily7
waiving my right to a secret ballot." This statement shall be followed by the voter's8
handwritten signature, date, and social security number. Upon receipt of the9
transmittal, the registrar shall place the voted ballot along with the signed statement10
and completed certificate and waiver in an appropriately marked envelope and seal11
it. The registrar and his staff shall take the steps necessary to keep the voted ballots12
received by facsimile as confidential as practicable.13
* * *14
§1309. Early voting; verification15
* * *16
M.(1)(a) In a parish where early voting is conducted at an additional location17
pursuant to R.S. 18:1309.2, the registrar may fix the hours and days during which18
early voting shall be conducted at the additional location during the early voting19
period if such hours and days of voting are approved by the secretary of state no later20
than seven twenty-five days after the close of qualifying for prior to the election.21
* * *22
§1353. Secretary of state; powers and duties; voting machines; voter registration23
* * *24
B. The secretary of state shall prescribe uniform rules and regulations with25
respect to matters pertaining to the purchase procurement, preparation, and use of26
voting machines and absentee by mail and early voting counting equipment in the27
conduct of elections and the duties of each category of persons charged with28
responsibility for any matter relating to voting machines or absentee by mail and29 HLS 14RS-323 ENGROSSED
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early voting counting equipment. The rules and regulations shall be approved by the1
attorney general and thereafter shall be distributed by the secretary of state to the2
election officials having responsibilities relating to elections. The rules and3
regulations shall be applied uniformly throughout the state.4
C. In addition to any other duties and functions now or hereafter provided5
by law, the secretary of state shall:6
* * *7
(2) Be responsible for all purchases procurement, sales, and transfers of8
voting machines and absentee by mail and early voting counting equipment and for9
all matters in connection with issuing competitive bids or requests for proposals or10
the advertising for and opening of bids for or in connection therewith.11
* * *12
§1361. Approval of machines and equipment; certificate; expenses of examination13
A. The secretary of state may examine any type or make of voting machine14
upon the request of a representative of the maker or supplier thereof, and if he15
determines that the machine complies with the requirements of this Chapter and that16
it meets standards acceptable to him as to durability, accuracy, efficiency, and17
capacity, he shall approve that type or make of machine for use in this state and shall18
issue his certificate of approval thereof. In addition, any electronic voting machine19
acquired procured or used in the state must have been certified by NASED20
Independent Testing Authorities according to the voting systems standards adopted21
by the Federal Election Commission. This certificate, together with any relevant22
reports, drawings, and photographs, shall be a public record.23
B. Any absentee by mail and early voting counting equipment to be acquired24
procured for use in this state shall be certified by the secretary of state as meeting25
standards acceptable to him as to durability, accuracy, efficiency, and capacity.26
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are additions.
§1362. Method of acquiring procuring voting machines; parts and supplies; and of1
contracting for the maintenance of voting machines2
A.(1) All voting machines used in this state shall be purchased procured by3
the secretary of state, out of state funds appropriated for that purpose, on the basis4
of a competitive request for proposals process or public bids submitted to the5
secretary of state in accordance with specifications prepared by him. The6
specifications may require tests and examinations of the operation of the machines,7
and the secretary of state, for that purpose, may employ experts to report thereon and8
charge the expense thereof to the responders or bidders. Advertisement and letting9
of contracts for the purchase procurement of voting machines shall be in accordance10
with the Louisiana Procurement Code contained in Chapter 17 of Title 39 of the11
Louisiana Revised Statutes of 1950.12
(2) Notwithstanding any provision of law to the contrary, particularly the13
provisions of Chapter 17 of Title 39 of the Louisiana Revised Statutes of 1950, the14
secretary of state is authorized to purchase procure directly from the supplier,15
through the Department of State, voting machine parts, supplies, and other election16
paraphernalia and to contract with the manufacturer through the Department of State17
for the maintenance of the voting machines.18
B. Title to all voting machines purchased by the secretary of state shall vest19
in the state.20
Section 2. R.S. 18:174 and Part I-A of Chapter 5 of Title 18 of the Louisiana21
Revised Statutes of 1950, comprised of R.S. 18:411 through 417, are hereby repealed in their22
entirety.23
Section 3. This Act shall become effective upon signature by the governor or, if not24
signed by the governor, upon expiration of the time for bills to become law without signature25
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If26
vetoed by the governor and subsequently approved by the legislature, this Act shall become27
effective on the day following such approval.28 HLS 14RS-323 ENGROSSED
HB NO. 383
Page 17 of 21
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)]
Tim Burns HB No. 383
Abstract: Revises the system of laws comprising the La. Election Code.
Present law (R.S. 18:58) provides for the powers and duties of registrars of voters. Proposed
law retains present law and additionally requires a registrar to assign voters in the state voter
registration computer system according to each voting district in the parish from which an
election is to be conducted. Provides that for a primary election, the assignment of voters
shall be completed on or before the fifth business day prior to the opening of qualifying for
the primary election and that for a general election, the assignment of voters shall be
completed on or before the 51st day prior to the general election.
Present law (R.S. 18:104) provides relative to application for voter registration. Provides
for a voter registration application form and for the contents of the form. Requires the form
to contain an affidavit to be subscribed, through a handwritten signature, attesting that the
applicant is a U.S. citizen and that the facts given by him on the application are true to the
best of his knowledge and belief. Proposed law retains present law.
Present law requires the affidavit to be subscribed before the registrar, deputy, or any person
authorized to accept voter registration applications. Proposed law repeals present law.
Present law (R.S. 18:154) prohibits the registrar and the Dept. of State from disclosing
certain voter information, including a voter's mother's maiden name and the driver's license
number, social security number, day and month of the date of birth, e-mail address, and short
message service number of a voter. Proposed law retains present law and additionally
prohibits the clerk of court and the office of motor vehicles of the Dept. of Public Safety and
Corrections and any contractor with the office from disclosing such information.
Present law prohibits the registrar and the Dept. of State from disclosing the following:
(1)The name and address of a law enforcement officer under certain circumstances.
(2)The name and physical address of a program participant in the Dept. of State
Address Confidentiality Program as provided in present law (R.S. 44:51 et seq.).
(3)Information of a type exempted from disclosure pursuant to present law received
from another state pursuant to a cooperative agreement authorized by present law
(R.S. 18:18(D)).
(4)Geographical coding of addresses of registered voters.
(5)An application to vote absentee by mail, or information contained therein, until the
applicant has returned his voted ballot to the registrar.
Proposed law retains present law and additionally prohibits the clerk of court from disclosing
such information.
Present law (R.S. 18:174) provides relative to changes of name. Requires the clerk of court
to record certain information relative to changes of name and to transmit that information
to the registrar of voters. Requires the secretary of the Dept. of Health and Hospitals to send
to the registrar in each parish certain information concerning women who are remarried. HLS 14RS-323 ENGROSSED
HB NO. 383
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law repeals present law.
Present law (R.S. 18:411 through 417) provides relative to certain elections that occurred in
1992. Proposed law repeals present law.
Present law (R.S. 18:425(A)(1)(b)) provides for the number of additional commissioners at
each precinct for elections other than gubernatorial and congressional elections and certain
elections for municipal officers in a municipality with a population of 475,000 or more.
Provides that the number of additional commissioners is determined for such elections based
on the number of active registered voters associated with the precinct.
Proposed law provides that the number of additional commissioners is determined based on
the number of active registered voters who are eligible to vote in the election. Otherwise
retains present law.
Present law (R.S. 18:433) provides procedures and requirements for selecting
commissioners-in-charge. Requires the parish board of election supervisors after selecting
the commissioners-in-charge to compile a list of certain specified information concerning
the commissioners-in-charge. Proposed law retains present law.
Present law requires the parish board of election supervisors to mail the list to the secretary
of state. Proposed law repeals present law and provides instead that the clerk of court shall
enter the list in the state voter registration computer system.
Present law (R.S. 18:427 and 435) provides for poll watchers. Provides for qualifications,
powers, duties, appointment, and commission of watchers. Provides that a watcher shall be
admitted within all parts of the polling place during the election and the counting and
tabulation of votes and that he shall call any infraction of the law to the attention of the
commissioners. Provides that each candidate is entitled to have one watcher at every
precinct where the office he seeks is voted on in a primary or general election. Requires a
list of watchers to be filed with the clerk of court on the 10th day prior to the election.
Proposed law retains present law.
Present law requires the list of watchers to be filed before 5:00 p.m. on the 10th day before
the primary or general election. Proposed law instead requires the list to be filed before 4:30
p.m.
Present law (R.S. 18:1300.3 and 1300.32) requires a registrar to honor the request of a
person to have the person's signature added to or removed from a recall petition or petition
for creation of a neighborhood crime prevention and security district and approval of a parcel
fee. Requires the request to be made in writing and to include the name and address of the
person, the signature of the person, and the date. Proposed law retains present law.
Proposed law additionally requires the request to include the date of birth of the person
making the request.
Present law provides deadlines for the following:
(1)For a candidate to submit a nominating petition (R.S. 18:465).
(2)For the registrars to certify a recall petition and for a registrar to remove a signature
from or add a signature to a recall petition (R.S. 18:1300.3).
(3)For the governor to issue a proclamation calling a recall election (R.S. 18:1300.7).
(4)For the registrar to certify a petition for creation of a neighborhood crime prevention
and security district and approval of a parcel fee and to remove a signature from or
add a signature to such a petition (R.S. 18:1300.32). HLS 14RS-323 ENGROSSED
HB NO. 383
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law retains present law, but in each case provides that if the deadline falls on a
Saturday, Sunday, or legal holiday, then the next day which is not a Saturday, Sunday, or
legal holiday shall be deemed to be the deadline.
Present law (R.S. 18:531.1) provides that the polling place for a particular precinct shall not
be required to be opened when it is determined by the registrar of voters that there are no
voters eligible to vote in the voting district in the precinct for any office or proposition on
the ballot or when it is determined by the registrar of voters after the close of early voting,
that all voters eligible to vote in the precinct have voted absentee by mail or during early
voting. Requires the registrar to notify the secretary of state of all such determinations.
Proposed law retains present law and additionally requires the registrar to notify the other
members of the parish board of election supervisors.
Present law (R.S. 18:566.2) provides relative to the tabulation and counting of provisional
ballots. Provides that the parish board of election supervisors is responsible for such
counting and tabulation. Authorizes the parish board of election supervisors to use absentee
by mail and early voting commissioners to count provisional ballots.
Proposed law changes references to "absentee by mail and early voting commissioners" in
present law to "parish board commissioners". Otherwise retains present law.
Present law (R.S. 18:1302(2)) provides for the definition of the term "board" in connection
with provisions of present law (R.S. 18:1306, 1311, 1312, 1313, 1315, and 1316) relative
to absentee by mail and early voting. Provides that the term "board" means the parish board
of election supervisors. Proposed law retains present law.
Present law provides that the term "board" also means absentee by mail and early voting
commissioners when such commissioners are used. Proposed law changes references to
"absentee by mail and early voting commissioners" in present law to "parish board
commissioners". Otherwise retains present law.
Present law (R.S. 18:571) provides procedures for counting and tabulating votes on election
day. Provides that when voting is finished, the commissioners in the presence of the
watchers shall complete an affidavit. Provides for the content of the affidavit. Proposed law
retains present law.
Present law requires that the affidavit be completed in duplicate. Requires the duplicate
affidavit to be placed in the registrar's envelope with other specified records.
Proposed law repeals present law.
Present law (R.S. 18:573) provides relative to verification of election results. Requires the
clerk of court to verify the total number of absentee by mail and early voting votes cast for
and against each proposition. Proposed law retains present law.
Present law requires the clerk to use the tabulation blanks of absentee by mail and early
voting votes to verify the absentee by mail and early voting votes. Proposed law provides
instead that the clerk use the final absentee by mail and early voting report to verify such
votes.
Present law (R.S. 18:1284 and 1299.1) provides relative to bond, debt, and tax elections and
other elections where a proposition or question is put to the voters. Provides requirements
for the proposition to be submitted to the voters. Provides for the content of the proposition.
Requires the proposition to be written in simple, unbiased, concise, and easily understood
language and be in the form of a question. Provides that the proposition shall not exceed 200
words in length. Proposed law retains present law and provides that the proposition shall not
include words that are struck through, underscored, or in boldface type. HLS 14RS-323 ENGROSSED
HB NO. 383
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are additions.
Present law (R.S. 18:1308) provides procedures and requirements for voting absentee by
mail. Provides that if a voter feels he will not have time to vote timely by mail, the voter
may request that the registrar transmit to him by facsimile voting materials. Provides that
such materials include a ballot or second ballot. Provides that the voter may mail his voted
ballot and other required materials back to the registrar or transmit the documents by
facsimile. Requires the voter to waive his right to a secret ballot if his voting documents are
transmitted by facsimile. Requires the waiver to include the date and the voter's signature.
Proposed law retains present law.
Present law requires the ballot that is sent to the voter to include an affidavit. Proposed law
repeals present law and requires that a certificate be sent to the voter with the ballot.
Requires the voter to complete the certificate and send it back to the registrar along with the
ballot. Additionally requires the voter to complete the waiver and send it back to the
registrar if the voting documents are sent by mail.
Present law requires the waiver to include the voter's social security number. Proposed law
repeals present law and requires instead that the waiver include the last four digits of the
voter's social security number.
Present law provides that the registrar may transmit voting materials to certain voters
electronically. Requires the voter to complete a waiver of the right to a secret ballot and
send it back to the registrar along with the ballot. Requires the waiver to contain the date
and the voter's signature. Proposed law retains present law.
Present law requires the waiver to include the voter's social security number. Proposed law
requires instead that the waiver include the last four digits of the voter's social security
number.
Present law requires the voter to send the electronically transmitted ballot and other
materials back to the registrar by mail. Proposed law retains present law and additionally
provides that the voter may return the voting documents to the registrar by the U.S. Postal
Service, a commercial courier, or hand delivery.
Present law (R.S. 18:1309.2) authorizes the secretary of state to develop and implement a
program for the conduct of early voting at locations other than the office or branch office of
a registrar. Requires approval of legislative committees. Requires annual reporting.
Present law (R.S. 18:1309) provides that in a parish where early voting is conducted at an
additional location pursuant to present law (R.S. 18:1309.2), the registrar may fix the hours
and days during which early voting shall be conducted at the additional location during the
early voting period. Proposed law retains present law.
Present law provides that the registrar may fix the hours and days of early voting at the
additional location only if the hours and days are approved by the secretary of state no later
than seven days after the close of qualifying for the election. Proposed law provides instead
that the registrar may fix the hours and days of early voting at the additional location if the
hours and days are approved no later than 25 days prior to the election.
Present law (R.S. 18:1353, 1361, and 1362) authorizes the secretary of state to purchase
voting machines and absentee by mail and early voting counting equipment. Proposed law
provides instead that the secretary of state may "procure" voting machines and absentee by
mail and early voting counting equipment. Provides for procurement by a competitive
request for proposals process or public bid.
Present law provides that title to all voting machines vests in the state. Proposed law
specifies that title to only those voting machines purchased by the secretary of state vests in
the state. HLS 14RS-323 ENGROSSED
HB NO. 383
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are additions.
Proposed law makes various technical changes.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 18:58(B), 104(A)(15), 154(C)(1)(intro. para.), (D)(3), and (G)(intro. para.),
425(A)(1)(b), 433(B)(8), 435(B), 465(E)(1)(a), 531.1(B), 566.2(B), 571(A)(6) and (7),
573(B), 1284(F)(1), 1299.1(A), 1300.3(A) and (B)(1), 1300.7(A), 1300.32(A) and (B)(1),
1302(2), 1308(A)(1)(b), (h)(i), and (i), 1309(M)(1)(a), 1353(B) and (C)(2), 1361(A) and (B),
and 1362; Adds R.S. 18:154(D)(4) and (F)(3); Repeals R.S. 18:174 and 411-417)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original bill.
1. Adds provisions changing "absentee by mail and early voting commissioners"
to "parish board commissioners" in present law provisions relative to the
counting and tabulation of absentee by mail, early voting, and provisional ballots.
2. Makes technical changes.