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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 HLS 14RS-323 REENGROSSED
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of votes; to provide relative to the verification of election results; to provide relative1
to requirements for a proposition submitted to the voters at an election; to provide2
relative to the deadline for certifying a recall petition; to provide relative to the3
deadline for removing or adding a signature to a recall petition; to provide relative4
to the deadline for the governor to issue a proclamation ordering a recall election; to5
provide relative to certain deadlines for petitions relative to neighborhood and crime6
prevention districts; to provide relative to early voting at additional locations; to7
provide relative to procedures and requirements for absentee voting by mail; to8
provide relative to voting machines and absentee by mail and early voting counting9
equipment; to provide relative to the authority of the secretary of state relative to10
voting machines and absentee by mail and early voting counting equipment; to11
provide relative to the ownership of voting machines; to provide relative to parish12
board commissioners; to provide relative to the counting and tabulation of absentee13
by mail, early voting, and provisional ballots; to provide for effectiveness; and to14
provide for related matters.15
Be it enacted by the Legislature of Louisiana:16
Section 1. R.S. 18:58(B), 104(A)(15), 154(C)(1)(introductory paragraph), (D)(3),17
and (G)(introductory paragraph), 425(A)(1)(b), 433(B)(8), 435(B), 465(E)(1)(a), 531.1(B),18
566.2(B), 571(A)(6) and (7), 573(B), 1284(F)(1), 1299.1(A), 1300.3(A) and (B)(1),19
1300.7(A), 1300.32(A) and (B)(1), 1302(2), 1308(A)(1)(b), (h)(i), and (i), 1309(M)(1)(a),20
1353(B) and (C)(2), 1361(A) and (B), and 1362 are hereby amended and reenacted and R.S.21
18:154(D)(4) and (F)(3) are hereby enacted to read as follows:22
§58. Powers and duties of registrars23
* * *24
B.(1) The registrar shall be responsible for conducting absentee by mail and25
early voting in the parish he serves, as provided by Chapter 7 of this Code.26
(2) The registrar shall assign voters in the state voter registration computer27
system according to each voting district in the parish from which an election is to be28
conducted. For a primary election, the assignment of voters shall be completed on29 HLS 14RS-323 REENGROSSED
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or before the fifth business day prior to the opening of qualifying for the primary1
election. For a general election, the assignment of voters shall be completed on or2
before the fifty-first day prior to the general election.3
* * *4
§104. Application for registration; form5
A. The secretary of state, subject to approval by the attorney general as to6
content, shall prescribe the form that shall be used uniformly by each registrar in the7
state and any person authorized to accept voter registration applications in registering8
qualified citizens to vote. The form shall contain spaces for at least the following9
information with respect to the applicant:10
* * *11
(15) The application form also shall inform the applicant of the penalty for12
violation of applicable laws relating to registration of voters and shall contain an13
affidavit to be subscribed, through a handwritten signature, before the registrar,14
deputy, or any person authorized to accept voter registration applications attesting15
that the applicant is a United States citizen and that the facts given by him on this16
application are true to the best of his knowledge and belief. When the registration17
application is completed at the office of motor vehicles of the Department of Public18
Safety and Corrections or electronically on the secretary of state's website, an19
electronically captured signature of the applicant may shall suffice as a handwritten20
signature of the applicant.21
* * *22
§154. Records open to inspection; copying; exceptions23
* * *24
C.(1) Notwithstanding any provision of this Section to the contrary, neither25
the registrar, the clerk of court, nor the Department of State, the office of motor26
vehicles of the Department of Public Safety and Corrections and any entity that27
contracts with the office, each voter registration agency and any entity that contracts28
with a voter registration agency, and any person who handles the voter registration29 HLS 14RS-323 REENGROSSED
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application form of another person shall circulate be prohibited from circulating on1
a commercial list or otherwise disclose disclosing the following:2
* * *3
D.4
* * *5
(3) Notwithstanding any provision of this Section to the contrary, the clerk6
of court shall not disclose the name and address of a law enforcement officer if the7
state voter registration computer system indicates that certification has been received8
from the law enforcement agency employing the officer that the officer is engaging9
in hazardous activities to the extent that it is necessary for his name and address to10
be kept confidential.11
(4) Any agency employing a law enforcement officer availing himself of12
Paragraph (1) or (2) of this Subsection shall also issue decertification notices to the13
registrar of voters and the secretary of state when the officer is no longer engaging14
in hazardous activities to the extent that it is necessary for his name and address to15
be kept confidential.16
* * *17
F.18
* * *19
(3) Notwithstanding any provision of this Section to the contrary, the clerk20
of court shall not disclose the name and physical address of a program participant in21
the Department of State Address Confidentiality Program, as provided in R.S. 44:5122
et seq.23
G. Notwithstanding any provision of this Section to the contrary, neither the24
registrar, the clerk of court, nor and the Department of State shall disclose be25
prohibited from disclosing the following:26
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§425. Commissioners1
A. Number. (1) In addition to the commissioner-in-charge, at the following2
elections there shall be the following number of additional commissioners at each3
precinct:4
* * *5
(b) For all elections not specifically provided for in Subparagraph (a) of this6
Paragraph or in Part III of Chapter 6 of this Code:7
(i) Three commissioners for precincts with more than three hundred active8
registered voters eligible to vote in the election.9
(ii) Two commissioners for precincts with three hundred or fewer active10
registered voters or less eligible to vote in the election.11
* * *12
§433. Commissioners-in-charge; course of instruction; selection; commission;13
disqualification; replacement14
* * *15
B. Selection.16
* * *17
(8) After the commissioners-in-charge are selected, the parish board of18
election supervisors shall compile a list containing the name, social security number,19
party affiliation, and mailing address of each and shall mail the list to the secretary20
of state the clerk of court shall enter the list in the state voter registration computer21
system.22
* * *23
§435. Watchers; appointment and commission24
* * *25
B. Lists of watchers. A list of watchers shall be filed with the clerk of court26
before 5:00 4:30 p.m. on the tenth day before the primary or general election;27
however, if the tenth day before the primary or general election falls on a Saturday,28
Sunday, or other legal holiday, the list shall be filed on the next day which is not a29 HLS 14RS-323 REENGROSSED
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Saturday, Sunday, or other legal holiday. Except for a candidate or recognized1
political party filing for a slate of candidates for presidential elector, any person2
filing a list of watchers must attach a certified statement that the report required by3
R.S. 18:1486 has been filed with the supervisory committee in compliance with the4
Campaign Finance Disclosure Act. If any candidate submits a list for the primary5
election and does not submit a list for the general election, the list submitted in the6
primary election shall be treated as his list submitted for the general election. A list7
of watchers shall contain only one watcher and one alternate watcher for each8
precinct where the candidate or person submitting the list is entitled to have a9
watcher. The list shall be typed or legibly written, and it shall contain the name and10
mailing address of each watcher and a designation of the precinct where he is to11
serve.12
* * *13
§465. Nominating petitions14
* * *15
E. Certification. (1)(a) A nominating petition shall be submitted to the16
registrars of voters in the parishes where the signers reside. A nominating petition17
shall be submitted to the registrars in such parishes not less than thirty days before18
the qualifying period ends for candidates in the primary election or, in the case of19
presidential electors, in the presidential election, except that in a special election20
called pursuant to R.S. 18:402(E), 601(A)(2), or 1279, a nominating petition shall21
be submitted by the candidate to the registrars of voters in such parishes not less than22
fourteen days before the qualifying period ends for candidates in the special election.23
If the final day for submitting a nominating petition to the registrars of voters falls24
on a Saturday, Sunday, or legal holiday, then the next day which is not a Saturday,25
Sunday, or legal holiday shall be deemed to be the final day for submitting the26
nominating petition.27
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§531.1. Exception to opening polls; alternative voting locations1
* * *2
B. The registrar of voters shall notify the secretary of state and the other3
members of the parish board of election supervisors of all such determinations.4
* * *5
§566.2. Tabulation and counting of provisional ballots for federal office6
* * *7
B. The parish board of election supervisors in each parish shall be8
responsible for the counting and tabulation of all provisional ballots for federal9
office. The board may utilize absentee by mail and early voting parish board10
commissioners to count the provisional ballots in the parish. If the board determines11
that absentee by mail and early voting parish board commissioners are necessary to12
count and tabulate the provisional ballots, it shall select absentee by mail and early13
voting parish board commissioners in accordance with the provisions of R.S.14
18:1314(D). In a parish where no absentee by mail and early voting parish board15
commissioners are utilized during the counting and tabulation of absentee by mail16
and early voting ballots, the board may utilize commissioners to count the17
provisional ballots. The selection and compensation of such commissioners to count18
and tabulate provisional ballots shall be in the same manner as absentee by mail and19
early voting parish board commissioners as provided for in R.S. 18:1314(D) and (E).20
* * *21
§571. Counting and tabulating the votes22
A. At the termination of voting in a primary or general election, the23
commissioners shall announce that voting is terminated. The commissioners in the24
presence of the watchers shall immediately:25
* * *26
(6) Complete in duplicate an affidavit. The affidavit shall be prepared by the27
secretary of state and shall contain the name, address, and last four digits of the28
social security number of each commissioner and an acknowledgment that the law29 HLS 14RS-323 REENGROSSED
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prohibits disclosure of confidential voter information listed in the precinct register.1
The affidavit shall be signed by each commissioner, and the original affidavit shall2
be placed in the bag that is delivered to the clerk of court.3
(7) Place the duplicate affidavit, all duplicate records of challenges, all4
duplicate precinct register corrections, all voter identification affidavits, any5
physicians' certificates, and any address confirmation cards in the envelope marked6
"Registrar of Voters", seal it and attach it to the precinct register, and seal the7
precinct register.8
* * *9
§573. Evidence of election results10
* * *11
B. Verification of election results. After the machines are opened, the clerk12
of court, in the presence of the parish board of election supervisors or the members13
of the board selected by the board as its representatives and the candidates or their14
representatives, shall immediately verify the total votes cast for each candidate and15
the total votes cast for and against each proposition as shown on the voting machines16
or voting machine election result sheets and the total number of absentee by mail and17
early voting votes cast for each candidate and the total number of absentee by mail18
and early voting votes cast for and against each proposition as shown by the19
tabulation blanks of absentee by mail and early voting votes final absentee by mail20
and early voting report filed with the clerk by the parish board of election21
supervisors. The machine votes cast shall be shown separately by each precinct, and22
the absentee by mail and early voting votes cast shall be shown as the total number23
of votes cast for each candidate and the total number of votes cast for and against24
each proposition.25
* * *26
§1284. Resolution calling election; proposition27
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F.(1) The preparation of the proposition to be submitted to the voters at an1
election shall be the responsibility of the governing authority of the political2
subdivision ordering the election. The proposition shall include the information3
required by this Section in simple, unbiased, concise, and easily understood language4
and be in the form of a question. The proposition shall not exceed two hundred5
words in length and shall not include words that are struck through, underscored, or6
in boldface type.7
* * *8
§1299.1. Question or proposition to be voted on; length9
A. The preparation of a question or proposition to be submitted to the voters10
at an election shall be the responsibility of the governing authority or other entity11
calling the election or submitting the question or proposition. The proposition shall12
be comprised of simple, unbiased, concise, and easily understood language and be13
in the form of a question. The proposition shall not exceed two hundred words in14
length and shall not include words that are struck through, underscored, or in15
boldface type.16
* * *17
§1300.3. Certification of registrar of voters; addition or withdrawal of signatures;18
form of names19
A. The registrar of voters of each parish in the voting area wherein a recall20
election is sought shall certify on the recall petition, within fifteen working days after21
it is presented to him for that purpose, the number of names appearing thereon, the22
number of qualified electors of the voting area within the parish whose handwritten23
signatures appear on the petition, and also the total number of electors of the voting24
area within the parish as of the date of the filing of the petition with the secretary of25
state. However, if any parish wholly or partially within the voting area has more26
than fifty thousand registered voters, the registrar of voters for each parish within the27
voting area shall complete such certification on the recall petition within twenty28
working days after it is presented to him for that purpose. If the final day for the29 HLS 14RS-323 REENGROSSED
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registrar to certify the recall petition falls on a Saturday, Sunday, or legal holiday,1
then the next day which is not a Saturday, Sunday, or legal holiday shall be deemed2
to be the final day for certifying the recall petition. Each registrar also shall indicate3
on the petition the names appearing thereon who are not electors of the voting area.4
Each person who participates in the review of the names on the petition for5
certification by the registrar as required in this Section shall initial each of those6
portions of the petition which he reviews for certification by the registrar.7
B.(1) The registrar of voters shall honor the written request of any voter who8
either desires to have his handwritten signature stricken from the petition or desires9
to have his handwritten signature added to the petition at any time after receipt of the10
signed petition as provided in R.S. 18:1300.2(C) but prior to certification of the11
petition or within five days after receipt of such signed petition, whichever is earlier.12
If the deadline for removing or adding a signature to the petition falls on a Saturday,13
Sunday, or legal holiday, then the next day which is not a Saturday, Sunday, or legal14
holiday shall be deemed to be the deadline for removing or adding a signature to the15
petition. The written request of the voter shall include the name and address of the16
voter, the signature of the voter, the date of birth of the voter, and the date.17
* * *18
§1300.7. Governor to order election; proclamation; publication19
A. If the required number of qualified electors of the voting area sign the20
petition for recall, the governor shall issue a proclamation ordering an election to be21
held for the purpose of voting on the question of the recall of the officer. The total22
number of registered voters in the voting area and the total number of registered23
voters in the voting area signing the petition shall be calculated from the totals on the24
certificates of all of the registrars of voters received by the governor. The governor25
shall issue such proclamation within fifteen days after he receives the certified26
petitions from all of the registrars of voters in the voting area who have received27
petitions for certification. If the final day for the governor to issue the proclamation28
falls on a Saturday, Sunday, or legal holiday, then the next day which is not a29 HLS 14RS-323 REENGROSSED
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Saturday, Sunday, or legal holiday shall be deemed to be the final day for issuing the1
proclamation. The proclamation shall order the election to be held on the next2
available date specified in R.S. 18:402(F). If the election is to be held on a primary3
election date, the proclamation shall be issued on or before the last day for4
candidates to qualify in the election. If the election is not to be held on a primary5
election date, then the proclamation shall be issued on or before the forty-sixth day6
prior to the election.7
* * *8
§1300.32. Certification of registrar of voters; addition or withdrawal of signatures;9
form of names10
A. The registrar of the parish shall certify on the petition within fifteen11
working days after it is presented to him for that purpose, the number of names12
appearing thereon, the number of qualified electors of the voting area within the13
parish whose handwritten signatures appear on the petition, and also the total number14
of electors of the voting area within the parish as of the date of the filing of the15
petition with the appropriate local governing authority. If the final day for the16
registrar to certify the petition falls on a Saturday, Sunday, or legal holiday, then the17
next day which is not a Saturday, Sunday, or legal holiday shall be deemed to be the18
final day for certifying the petition. The registrar also shall indicate on the petition19
the names appearing thereon who are not electors of the voting area. Each person20
who participates in the review of the names on the petition for certification by the21
registrar as required in this Section shall initial each of those portions of the petition22
which he reviews for certification by the registrar.23
B.(1) The registrar of voters shall honor the written request of any voter who24
either desires to have his handwritten signature stricken from the petition or desires25
to have his handwritten signature added to the petition at any time after receipt of the26
signed petition as provided in R.S. 18:1300.31(D) but prior to certification of the27
petition or within five days after receipt of such signed petition, whichever is earlier.28
If the deadline for removing or adding a signature to the petition falls on a Saturday,29 HLS 14RS-323 REENGROSSED
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Sunday, or legal holiday, then the next day which is not a Saturday, Sunday, or legal1
holiday shall be deemed to be the deadline for removing or adding a signature to the2
petition. The written request of the voter shall include the name and address of the3
voter, the signature of the voter, the date of birth of the voter, and the date.4
* * *5
§1302. Definitions6
As used in this Chapter, unless the context clearly indicates otherwise, the7
following terms shall have the meanings hereafter ascribed to each:8
* * *9
(2) "Board" means the parish board of election supervisors of each parish.10
If absentee by mail and early voting parish board commissioners are utilized by the11
parish board of election supervisors to count and tabulate absentee votes by mail and12
early voting ballots, the term "board" for the purposes of R.S. 18:1306, 1311, 1312,13
1313, 1315, and 1316 may shall also mean absentee by mail and early voting parish14
board commissioners.15
* * *16
§1308. Absentee voting by mail17
A.(1)18
* * *19
(b) If the voter feels he will not have time to vote timely by mail, the voter20
may request that the registrar transmit to him by facsimile a ballot, including the21
affidavit, or a second ballot, as the case may be, along with a certificate and waiver22
of the right to a secret ballot, and the registrar shall do so if he has a facsimile23
machine in his office. However, the registrar shall not be required to send a second24
ballot by facsimile if the voter received a ballot by mail. The waiver of the right to25
a secret ballot shall contain the following statement: "My ballot was transmitted by26
facsimile to me, and I am voluntarily waiving my right to a secret ballot." The27
waiver shall also contain spaces for the voter's handwritten signature, the date, and28
the last four digits of the voter's social security number. The voter may then mail his29 HLS 14RS-323 REENGROSSED
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voted ballot, including the affidavit, and completed certificate and waiver back to the1
registrar or transmit it the documents by facsimile if the registrar has a facsimile2
machine in his office. If the voter transmits his voted ballot to the registrar by3
facsimile, the documents to be transmitted shall contain the following statement: "I4
understand that by faxing my voted ballot I am voluntarily waiving my right to a5
secret ballot." This statement shall be followed by the voter's handwritten signature,6
date, and social security number at the facsimile machine number designated by the7
registrar. Upon receipt of the transmittal, the registrar shall place the voted ballot8
along with the signed statement and affidavit completed certificate and waiver in an9
appropriately marked envelope and seal it. The registrar and his staff shall take the10
steps necessary to keep the voted ballots received by facsimile as confidential as11
practicable.12
* * *13
(h)(i) For electronically transmitted ballots, the registrar shall transmit the14
ballot or ballots, certificate, and waiver of the right to a secret ballot to the voter for15
each ballot mailing. The waiver of the right to a secret ballot shall contain the16
following statement: "My ballot was transmitted electronically to me , and I am17
voluntarily waiving my right to a secret ballot." The statement waiver shall also18
contain a space spaces for the voter's handwritten signature, the date, and the last19
four digits of the voter's social security number. The voter shall return by mail20
facsimile or any means authorized by Subsection B of this Section his voted ballot21
or ballots, and completed certificate, and signed waiver of the right to a secret ballot22
for each ballot mailing. The registrar and his staff shall take the steps necessary to23
keep each voted ballot that was transmitted electronically as confidential as24
practicable.25
* * *26
(i) Notwithstanding the provisions of Subparagraphs (a) through (f) of this27
Paragraph, a voter who is a member of the United States Service or who resides28
outside the United States and who feels he will not have time to vote timely by mail,29 HLS 14RS-323 REENGROSSED
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may request that the registrar transmit to him by facsimile a ballot, including the1
certificate, or a second ballot, as the case may be, along with a certificate and waiver2
of the right to a secret ballot, and the registrar shall do so. The waiver of the right3
to a secret ballot shall contain the following statement: "My ballot was transmitted4
by facsimile to me, and I am voluntarily waiving my right to a secret ballot." The5
waiver shall also contain spaces for the voter's handwritten signature, the date, and6
the last four digits of the voter's social security number. The voter may then either7
mail or transmit by facsimile his voted ballot and completed certificate and waiver8
back to the registrar or transmit the documents by facsimile at the facsimile machine9
number designated by the registrar. If the voter chooses to transmit his voted ballot10
to the registrar by facsimile, the documents to be transmitted shall contain the11
following statement: "I understand that by faxing my voted ballot I am voluntarily12
waiving my right to a secret ballot." This statement shall be followed by the voter's13
handwritten signature, date, and social security number. Upon receipt of the14
transmittal, the registrar shall place the voted ballot along with the signed statement15
and completed certificate and waiver in an appropriately marked envelope and seal16
it. The registrar and his staff shall take the steps necessary to keep the voted ballots17
received by facsimile as confidential as practicable.18
* * *19
§1309. Early voting; verification20
* * *21
M.(1)(a) In a parish where early voting is conducted at an additional location22
pursuant to R.S. 18:1309.2, the registrar may fix the hours and days during which23
early voting shall be conducted at the additional location during the early voting24
period if such hours and days of voting are approved by the secretary of state no later25
than seven twenty-five days after the close of qualifying for prior to the election.26
* * *27
§1353. Secretary of state; powers and duties; voting machines; voter registration28
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B. The secretary of state shall prescribe uniform rules and regulations with1
respect to matters pertaining to the purchase procurement, preparation, and use of2
voting machines and absentee by mail and early voting counting equipment in the3
conduct of elections and the duties of each category of persons charged with4
responsibility for any matter relating to voting machines or absentee by mail and5
early voting counting equipment. The rules and regulations shall be approved by the6
attorney general and thereafter shall be distributed by the secretary of state to the7
election officials having responsibilities relating to elections. The rules and8
regulations shall be applied uniformly throughout the state.9
C. In addition to any other duties and functions now or hereafter provided10
by law, the secretary of state shall:11
* * *12
(2) Be responsible for all purchases procurement, sales, and transfers of13
voting machines and absentee by mail and early voting counting equipment and for14
all matters in connection with issuing competitive bids or requests for proposals or15
the advertising for and opening of bids for or in connection therewith.16
* * *17
§1361. Approval of machines and equipment; certificate; expenses of examination18
A. The secretary of state may examine any type or make of voting machine19
upon the request of a representative of the maker or supplier thereof, and if he20
determines that the machine complies with the requirements of this Chapter and that21
it meets standards acceptable to him as to durability, accuracy, efficiency, and22
capacity, he shall approve that type or make of machine for use in this state and shall23
issue his certificate of approval thereof. In addition, any electronic voting machine24
acquired procured or used in the state must have been certified by NASED25
Independent Testing Authorities according to the voting systems standards adopted26
by the Federal Election Commission. This certificate, together with any relevant27
reports, drawings, and photographs, shall be a public record.28 HLS 14RS-323 REENGROSSED
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are additions.
B. Any absentee by mail and early voting counting equipment to be acquired1
procured for use in this state shall be certified by the secretary of state as meeting2
standards acceptable to him as to durability, accuracy, efficiency, and capacity.3
* * *4
§1362. Method of acquiring procuring voting machines; parts and supplies; and of5
contracting for the maintenance of voting machines6
A.(1) All voting machines used in this state shall be purchased procured by7
the secretary of state, out of state funds appropriated for that purpose, on the basis8
of a competitive request for proposals process or public bids submitted to the9
secretary of state in accordance with specifications prepared by him. The10
specifications may require tests and examinations of the operation of the machines,11
and the secretary of state, for that purpose, may employ experts to report thereon and12
charge the expense thereof to the responders or bidders. Advertisement and letting13
of contracts for the purchase procurement of voting machines shall be in accordance14
with the Louisiana Procurement Code contained in Chapter 17 of Title 39 of the15
Louisiana Revised Statutes of 1950.16
(2) Notwithstanding any provision of law to the contrary, particularly the17
provisions of Chapter 17 of Title 39 of the Louisiana Revised Statutes of 1950, the18
secretary of state is authorized to purchase procure directly from the supplier,19
through the Department of State, voting machine parts, supplies, and other election20
paraphernalia and to contract with the manufacturer through the Department of State21
for the maintenance of the voting machines.22
B. Title to all voting machines purchased by the secretary of state shall vest23
in the state.24
Section 2. R.S. 18:174 and Part I-A of Chapter 5 of Title 18 of the Louisiana25
Revised Statutes of 1950, comprised of R.S. 18:411 through 417, are hereby repealed in their26
entirety.27
Section 3. This Act shall become effective upon signature by the governor or, if not28
signed by the governor, upon expiration of the time for bills to become law without signature29 HLS 14RS-323 REENGROSSED
HB NO. 383
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are additions.
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If1
vetoed by the governor and subsequently approved by the legislature, this Act shall become2
effective on the day following such approval.3
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, the office of motor vehicles of the Dept. of Public Safety and
Corrections and any contractor with the office, each voter registration agency and any
contractor with the voter registration agency, and any person who handles the voter
registration application form of another person 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. HLS 14RS-323 REENGROSSED
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are additions.
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.
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). HLS 14RS-323 REENGROSSED
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are additions.
(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).
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 HLS 14RS-323 REENGROSSED
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are additions.
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.
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.
Additionally provides for the voter to complete the certificate and waiver and send them
back to the registrar by facsimile or 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. HLS 14RS-323 REENGROSSED
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are additions.
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.
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.
House Floor Amendments to the engrossed bill.
1. Adds each voter registration agency, any entity that contracts with a voter
registration agency, and any person who handles the voter registration
application form of another person to the list of persons who are prohibited from
disclosing specified personal information regarding a registered voter.