ENROLLED Page 1 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2014 HOUSE BILL NO. 383 BY REPRESENTATIVE TIM BURNS 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 relative to the deadline for certifying a recall petition; to provide relative to the22 deadline for removing or adding a signature to a recall petition; to provide relative23 ENROLLEDHB NO. 383 Page 2 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. to the deadline for the governor to issue a proclamation ordering a recall election; to1 provide relative to certain deadlines for petitions relative to neighborhood and crime2 prevention districts; to provide relative to early voting at additional locations; to3 provide relative to procedures and requirements for absentee voting by mail; to4 provide relative to voting machines and absentee by mail and early voting counting5 equipment; to provide relative to the authority of the secretary of state relative to6 voting machines and absentee by mail and early voting counting equipment; to7 provide relative to the ownership of voting machines; to provide relative to parish8 board commissioners; to provide relative to the counting and tabulation of absentee9 by mail, early voting, and provisional ballots; to provide for effectiveness; and to10 provide for related matters.11 Be it enacted by the Legislature of Louisiana:12 Section 1. R.S. 18:58(B), 104(A)(15), 154(C)(1)(introductory paragraph), (D)(3),13 and (G)(introductory paragraph), 425(A)(1)(b), 433(B)(8), 435(B), 465(E)(1)(a), 531.1(B),14 566.2(B), 571(A)(6) and (7), 573(B), 1284(F)(1), 1299.1(A), 1300.3(A) and (B)(1),15 1300.7(A), 1300.32(A) and (B)(1), 1302(2), 1308(A)(1)(b), (h)(i), and (i), 1309(M)(1)(a),16 1353(B) and (C)(2), 1361(A) and (B), and 1362 are hereby amended and reenacted and R.S.17 18:154(D)(4) and (F)(3) are hereby enacted to read as follows:18 §58. Powers and duties of registrars19 * * *20 B.(1) The registrar shall be responsible for conducting absentee by mail and21 early voting in the parish he serves, as provided by Chapter 7 of this Code.22 (2) The registrar shall assign voters in the state voter registration computer23 system according to each voting district in the parish from which an election is to be24 conducted. For a primary election, the assignment of voters shall be completed on25 or before the fifth business day prior to the opening of qualifying for the primary26 election. For a general election, the assignment of voters shall be completed on or27 before the fifty-first day prior to the general election.28 * * *29 ENROLLEDHB NO. 383 Page 3 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. §104. Application for registration; form1 A. The secretary of state, subject to approval by the attorney general as to2 content, shall prescribe the form that shall be used uniformly by each registrar in the3 state and any person authorized to accept voter registration applications in registering4 qualified citizens to vote. The form shall contain spaces for at least the following5 information with respect to the applicant:6 * * *7 (15) The application form also shall inform the applicant of the penalty for8 violation of applicable laws relating to registration of voters and shall contain an9 affidavit to be subscribed, through a handwritten signature, before the registrar,10 deputy, or any person authorized to accept voter registration applications attesting11 that the applicant is a United States citizen and that the facts given by him on this12 application are true to the best of his knowledge and belief. When the registration13 application is completed at the office of motor vehicles of the Department of Public14 Safety and Corrections or electronically on the secretary of state's website, an15 electronically captured signature of the applicant may shall suffice as a handwritten16 signature of the applicant.17 * * *18 §154. Records open to inspection; copying; exceptions19 * * *20 C.(1) Notwithstanding any provision of this Section to the contrary, neither21 the registrar, the clerk of court, nor the Department of State, the office of motor22 vehicles of the Department of Public Safety and Corrections and any entity that23 contracts with the office, each voter registration agency and any entity that contracts24 with a voter registration agency, and any person who handles the voter registration25 application form of another person shall circulate be prohibited from circulating on26 a commercial list or otherwise disclose disclosing the following:27 * * *28 D.29 * * *30 ENROLLEDHB NO. 383 Page 4 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (3) Notwithstanding any provision of this Section to the contrary, the clerk1 of court shall not disclose the name and address of a law enforcement officer if the2 state voter registration computer system indicates that certification has been received3 from the law enforcement agency employing the officer that the officer is engaging4 in hazardous activities to the extent that it is necessary for his name and address to5 be kept confidential.6 (4) Any agency employing a law enforcement officer availing himself of7 Paragraph (1) or (2) of this Subsection shall also issue decertification notices to the8 registrar of voters and the secretary of state when the officer is no longer engaging9 in hazardous activities to the extent that it is necessary for his name and address to10 be kept confidential.11 * * *12 F.13 * * *14 (3) Notwithstanding any provision of this Section to the contrary, the clerk15 of court shall not disclose the name and physical address of a program participant in16 the Department of State Address Confidentiality Program, as provided in R.S. 44:5117 et seq.18 G. Notwithstanding any provision of this Section to the contrary, neither the19 registrar, the clerk of court, nor and the Department of State shall disclose be20 prohibited from disclosing the following:21 * * *22 §425. Commissioners23 A. Number. (1) In addition to the commissioner-in-charge, at the following24 elections there shall be the following number of additional commissioners at each25 precinct:26 * * *27 (b) For all elections not specifically provided for in Subparagraph (a) of this28 Paragraph or in Part III of Chapter 6 of this Code:29 ENROLLEDHB NO. 383 Page 5 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (i) Three commissioners for precincts with more than three hundred active1 registered voters eligible to vote in the election.2 (ii) Two commissioners for precincts with three hundred or fewer active3 registered voters or less eligible to vote in the election.4 * * *5 §433. Commissioners-in-charge; course of instruction; selection; commission;6 disqualification; replacement7 * * *8 B. Selection.9 * * *10 (8) After the commissioners-in-charge are selected, the parish board of11 election supervisors shall compile a list containing the name, social security number,12 party affiliation, and mailing address of each and shall mail the list to the secretary13 of state the clerk of court shall enter the list in the state voter registration computer14 system.15 * * *16 §435. Watchers; appointment and commission17 * * *18 B. Lists of watchers. A list of watchers shall be filed with the clerk of court19 before 5:00 4:30 p.m. on the tenth day before the primary or general election;20 however, if the tenth day before the primary or general election falls on a Saturday,21 Sunday, or other legal holiday, the list shall be filed on the next day which is not a22 Saturday, Sunday, or other legal holiday. Except for a candidate or recognized23 political party filing for a slate of candidates for presidential elector, any person24 filing a list of watchers must attach a certified statement that the report required by25 R.S. 18:1486 has been filed with the supervisory committee in compliance with the26 Campaign Finance Disclosure Act. If any candidate submits a list for the primary27 election and does not submit a list for the general election, the list submitted in the28 primary election shall be treated as his list submitted for the general election. A list29 of watchers shall contain only one watcher and one alternate watcher for each30 ENROLLEDHB NO. 383 Page 6 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. precinct where the candidate or person submitting the list is entitled to have a1 watcher. The list shall be typed or legibly written, and it shall contain the name and2 mailing address of each watcher and a designation of the precinct where he is to3 serve.4 * * *5 §465. Nominating petitions6 * * *7 E. Certification. (1)(a) A nominating petition shall be submitted to the8 registrars of voters in the parishes where the signers reside. A nominating petition9 shall be submitted to the registrars in such parishes not less than thirty days before10 the qualifying period ends for candidates in the primary election or, in the case of11 presidential electors, in the presidential election, except that in a special election12 called pursuant to R.S. 18:402(E), 601(A)(2), or 1279, a nominating petition shall13 be submitted by the candidate to the registrars of voters in such parishes not less than14 fourteen days before the qualifying period ends for candidates in the special election.15 If the final day for submitting a nominating petition to the registrars of voters falls16 on a Saturday, Sunday, or legal holiday, then the next day which is not a Saturday,17 Sunday, or legal holiday shall be deemed to be the final day for submitting the18 nominating petition.19 * * *20 §531.1. Exception to opening polls; alternative voting locations21 * * *22 B. The registrar of voters shall notify the secretary of state and the other23 members of the parish board of election supervisors of all such determinations.24 * * *25 §566.2. Tabulation and counting of provisional ballots for federal office26 * * *27 B. The parish board of election supervisors in each parish shall be28 responsible for the counting and tabulation of all provisional ballots for federal29 office. The board may utilize absentee by mail and early voting parish board30 ENROLLEDHB NO. 383 Page 7 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. commissioners to count the provisional ballots in the parish. If the board determines1 that absentee by mail and early voting parish board commissioners are necessary to2 count and tabulate the provisional ballots, it shall select absentee by mail and early3 voting parish board commissioners in accordance with the provisions of R.S.4 18:1314(D). In a parish where no absentee by mail and early voting parish board5 commissioners are utilized during the counting and tabulation of absentee by mail6 and early voting ballots, the board may utilize commissioners to count the7 provisional ballots. The selection and compensation of such commissioners to count8 and tabulate provisional ballots shall be in the same manner as absentee by mail and9 early voting parish board commissioners as provided for in R.S. 18:1314(D) and (E).10 * * *11 §571. Counting and tabulating the votes12 A. At the termination of voting in a primary or general election, the13 commissioners shall announce that voting is terminated. The commissioners in the14 presence of the watchers shall immediately:15 * * *16 (6) Complete in duplicate an affidavit. The affidavit shall be prepared by the17 secretary of state and shall contain the name, address, and last four digits of the18 social security number of each commissioner and an acknowledgment that the law19 prohibits disclosure of confidential voter information listed in the precinct register.20 The affidavit shall be signed by each commissioner, and the original affidavit shall21 be placed in the bag that is delivered to the clerk of court.22 (7) Place the duplicate affidavit, all duplicate records of challenges, all23 duplicate precinct register corrections, all voter identification affidavits, any24 physicians' certificates, and any address confirmation cards in the envelope marked25 "Registrar of Voters", seal it and attach it to the precinct register, and seal the26 precinct register.27 * * *28 ENROLLEDHB NO. 383 Page 8 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. §573. Evidence of election results1 * * *2 B. Verification of election results. After the machines are opened, the clerk3 of court, in the presence of the parish board of election supervisors or the members4 of the board selected by the board as its representatives and the candidates or their5 representatives, shall immediately verify the total votes cast for each candidate and6 the total votes cast for and against each proposition as shown on the voting machines7 or voting machine election result sheets and the total number of absentee by mail and8 early voting votes cast for each candidate and the total number of absentee by mail9 and early voting votes cast for and against each proposition as shown by the10 tabulation blanks of absentee by mail and early voting votes final absentee by mail11 and early voting report filed with the clerk by the parish board of election12 supervisors. The machine votes cast shall be shown separately by each precinct, and13 the absentee by mail and early voting votes cast shall be shown as the total number14 of votes cast for each candidate and the total number of votes cast for and against15 each proposition.16 * * *17 §1284. Resolution calling election; proposition18 * * *19 F.(1) The preparation of the proposition to be submitted to the voters at an20 election shall be the responsibility of the governing authority of the political21 subdivision ordering the election. The proposition shall include the information22 required by this Section in simple, unbiased, concise, and easily understood language23 and be in the form of a question. The proposition shall not exceed two hundred24 words in length and shall not include words that are struck through, underscored, or25 in boldface type.26 * * *27 §1299.1. Question or proposition to be voted on; length28 A. The preparation of a question or proposition to be submitted to the voters29 at an election shall be the responsibility of the governing authority or other entity30 ENROLLEDHB NO. 383 Page 9 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. calling the election or submitting the question or proposition. The proposition shall1 be comprised of simple, unbiased, concise, and easily understood language and be2 in the form of a question. The proposition shall not exceed two hundred words in3 length and shall not include words that are struck through, underscored, or in4 boldface type.5 * * *6 §1300.3. Certification of registrar of voters; addition or withdrawal of signatures;7 form of names8 A. The registrar of voters of each parish in the voting area wherein a recall9 election is sought shall certify on the recall petition, within fifteen working days after10 it is presented to him for that purpose, the number of names appearing thereon, the11 number of qualified electors of the voting area within the parish whose handwritten12 signatures appear on the petition, and also the total number of electors of the voting13 area within the parish as of the date of the filing of the petition with the secretary of14 state. However, if any parish wholly or partially within the voting area has more15 than fifty thousand registered voters, the registrar of voters for each parish within the16 voting area shall complete such certification on the recall petition within twenty17 working days after it is presented to him for that purpose. If the final day for the18 registrar to certify the recall petition falls on a Saturday, Sunday, or legal holiday,19 then the next day which is not a Saturday, Sunday, or legal holiday shall be deemed20 to be the final day for certifying the recall petition. Each registrar also shall indicate21 on the petition the names appearing thereon who are not electors of the voting area.22 Each person who participates in the review of the names on the petition for23 certification by the registrar as required in this Section shall initial each of those24 portions of the petition which he reviews for certification by the registrar.25 B.(1) The registrar of voters shall honor the written request of any voter who26 either desires to have his handwritten signature stricken from the petition or desires27 to have his handwritten signature added to the petition at any time after receipt of the28 signed petition as provided in R.S. 18:1300.2(C) but prior to certification of the29 petition or within five days after receipt of such signed petition, whichever is earlier.30 ENROLLEDHB NO. 383 Page 10 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. If the deadline for removing or adding a signature to the petition falls on a Saturday,1 Sunday, or legal holiday, then the next day which is not a Saturday, Sunday, or legal2 holiday shall be deemed to be the deadline for removing or adding a signature to the3 petition. The written request of the voter shall include the name and address of the4 voter, the signature of the voter, the date of birth of the voter, and the date.5 * * *6 §1300.7. Governor to order election; proclamation; publication7 A. If the required number of qualified electors of the voting area sign the8 petition for recall, the governor shall issue a proclamation ordering an election to be9 held for the purpose of voting on the question of the recall of the officer. The total10 number of registered voters in the voting area and the total number of registered11 voters in the voting area signing the petition shall be calculated from the totals on the12 certificates of all of the registrars of voters received by the governor. The governor13 shall issue such proclamation within fifteen days after he receives the certified14 petitions from all of the registrars of voters in the voting area who have received15 petitions for certification. If the final day for the governor to issue the proclamation16 falls on a Saturday, Sunday, or legal holiday, then the next day which is not a17 Saturday, Sunday, or legal holiday shall be deemed to be the final day for issuing the18 proclamation. The proclamation shall order the election to be held on the next19 available date specified in R.S. 18:402(F). If the election is to be held on a primary20 election date, the proclamation shall be issued on or before the last day for21 candidates to qualify in the election. If the election is not to be held on a primary22 election date, then the proclamation shall be issued on or before the forty-sixth day23 prior to the election.24 * * *25 §1300.32. Certification of registrar of voters; addition or withdrawal of signatures;26 form of names27 A. The registrar of the parish shall certify on the petition within fifteen28 working days after it is presented to him for that purpose, the number of names29 appearing thereon, the number of qualified electors of the voting area within the30 ENROLLEDHB NO. 383 Page 11 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. parish whose handwritten signatures appear on the petition, and also the total number1 of electors of the voting area within the parish as of the date of the filing of the2 petition with the appropriate local governing authority. If the final day for the3 registrar to certify the petition falls on a Saturday, Sunday, or legal holiday, then the4 next day which is not a Saturday, Sunday, or legal holiday shall be deemed to be the5 final day for certifying the petition. The registrar also shall indicate on the petition6 the names appearing thereon who are not electors of the voting area. Each person7 who participates in the review of the names on the petition for certification by the8 registrar as required in this Section shall initial each of those portions of the petition9 which he reviews for certification by the registrar.10 B.(1) The registrar of voters shall honor the written request of any voter who11 either desires to have his handwritten signature stricken from the petition or desires12 to have his handwritten signature added to the petition at any time after receipt of the13 signed petition as provided in R.S. 18:1300.31(D) but prior to certification of the14 petition or within five days after receipt of such signed petition, whichever is earlier.15 If the deadline for removing or adding a signature to the petition falls on a Saturday,16 Sunday, or legal holiday, then the next day which is not a Saturday, Sunday, or legal17 holiday shall be deemed to be the deadline for removing or adding a signature to the18 petition. The written request of the voter shall include the name and address of the19 voter, the signature of the voter, the date of birth of the voter, and the date.20 * * *21 §1302. Definitions22 As used in this Chapter, unless the context clearly indicates otherwise, the23 following terms shall have the meanings hereafter ascribed to each:24 * * *25 (2) "Board" means the parish board of election supervisors of each parish.26 If absentee by mail and early voting parish board commissioners are utilized by the27 parish board of election supervisors to count and tabulate absentee votes by mail and28 early voting ballots, the term "board" for the purposes of R.S. 18:1306, 1311, 1312,29 ENROLLEDHB NO. 383 Page 12 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 1313, 1315, and 1316 may shall also mean absentee by mail and early voting parish1 board commissioners.2 * * *3 §1308. Absentee voting by mail4 A.(1)5 * * *6 (b) If the voter feels he will not have time to vote timely by mail, the voter7 may request that the registrar transmit to him by facsimile a ballot , including the8 affidavit, or a second ballot, as the case may be, along with a certificate and waiver9 of the right to a secret ballot, and the registrar shall do so if he has a facsimile10 machine in his office. However, the registrar shall not be required to send a second11 ballot by facsimile if the voter received a ballot by mail. The waiver of the right to12 a secret ballot shall contain the following statement: "My ballot was transmitted by13 facsimile to me, and I am voluntarily waiving my right to a secret ballot." The14 waiver shall also contain spaces for the voter's handwritten signature, the date, and15 the last four digits of the voter's social security number. The voter may then mail his16 voted ballot, including the affidavit, and completed certificate and waiver back to the17 registrar or transmit it the documents by facsimile if the registrar has a facsimile18 machine in his office. If the voter transmits his voted ballot to the registrar by19 facsimile, the documents to be transmitted shall contain the following statement: "I20 understand that by faxing my voted ballot I am voluntarily waiving my right to a21 secret ballot." This statement shall be followed by the voter's handwritten signature,22 date, and social security number at the facsimile machine number designated by the23 registrar. Upon receipt of the transmittal, the registrar shall place the voted ballot24 along with the signed statement and affidavit completed certificate and waiver in an25 appropriately marked envelope and seal it. The registrar and his staff shall take the26 steps necessary to keep the voted ballots received by facsimile as confidential as27 practicable.28 * * *29 ENROLLEDHB NO. 383 Page 13 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (h)(i) For electronically transmitted ballots, the registrar shall transmit the1 ballot or ballots, certificate, and waiver of the right to a secret ballot to the voter for2 each ballot mailing. The waiver of the right to a secret ballot shall contain the3 following statement: "My ballot was transmitted electronically to me , and I am4 voluntarily waiving my right to a secret ballot." The statement waiver shall also5 contain a space spaces for the voter's handwritten signature, the date, and the last6 four digits of the voter's social security number. The voter shall return by mail7 facsimile or any means authorized by Subsection B of this Section his voted ballot8 or ballots, and completed certificate, and signed waiver of the right to a secret ballot9 for each ballot mailing. The registrar and his staff shall take the steps necessary to10 keep each voted ballot that was transmitted electronically as confidential as11 practicable.12 * * *13 (i) Notwithstanding the provisions of Subparagraphs (a) through (f) of this14 Paragraph, a voter who is a member of the United States Service or who resides15 outside the United States and who feels he will not have time to vote timely by mail,16 may request that the registrar transmit to him by facsimile a ballot, including the17 certificate, or a second ballot, as the case may be, along with a certificate and waiver18 of the right to a secret ballot, and the registrar shall do so. The waiver of the right19 to a secret ballot shall contain the following statement: "My ballot was transmitted20 by facsimile to me, and I am voluntarily waiving my right to a secret ballot." The21 waiver shall also contain spaces for the voter's handwritten signature, the date, and22 the last four digits of the voter's social security number. The voter may then either23 mail or transmit by facsimile his voted ballot and completed certificate and waiver24 back to the registrar or transmit the documents by facsimile at the facsimile machine25 number designated by the registrar. If the voter chooses to transmit his voted ballot26 to the registrar by facsimile, the documents to be transmitted shall contain the27 following statement: "I understand that by faxing my voted ballot I am voluntarily28 waiving my right to a secret ballot." This statement shall be followed by the voter's29 handwritten signature, date, and social security number. Upon receipt of the30 ENROLLEDHB NO. 383 Page 14 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. transmittal, the registrar shall place the voted ballot along with the signed statement1 and completed certificate and waiver in an appropriately marked envelope and seal2 it. The registrar and his staff shall take the steps necessary to keep the voted ballots3 received by facsimile as confidential as practicable.4 * * *5 §1309. Early voting; verification6 * * *7 M.(1)(a) In a parish where early voting is conducted at an additional location8 pursuant to R.S. 18:1309.2, the registrar may fix the hours and days during which9 early voting shall be conducted at the additional location during the early voting10 period if such hours and days of voting are approved by the secretary of state no later11 than seven twenty-five days after the close of qualifying for prior to the election.12 * * *13 §1353. Secretary of state; powers and duties; voting machines; voter registration14 * * *15 B. The secretary of state shall prescribe uniform rules and regulations with16 respect to matters pertaining to the purchase procurement, preparation, and use of17 voting machines and absentee by mail and early voting counting equipment in the18 conduct of elections and the duties of each category of persons charged with19 responsibility for any matter relating to voting machines or absentee by mail and20 early voting counting equipment. The rules and regulations shall be approved by the21 attorney general and thereafter shall be distributed by the secretary of state to the22 election officials having responsibilities relating to elections. The rules and23 regulations shall be applied uniformly throughout the state.24 C. In addition to any other duties and functions now or hereafter provided25 by law, the secretary of state shall:26 * * *27 (2) Be responsible for all purchases procurement, sales, and transfers of28 voting machines and absentee by mail and early voting counting equipment and for29 ENROLLEDHB NO. 383 Page 15 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. all matters in connection with issuing competitive bids or requests for proposals or1 the advertising for and opening of bids for or in connection therewith.2 * * *3 §1361. Approval of machines and equipment; certificate; expenses of examination4 A. The secretary of state may examine any type or make of voting machine5 upon the request of a representative of the maker or supplier thereof, and if he6 determines that the machine complies with the requirements of this Chapter and that7 it meets standards acceptable to him as to durability, accuracy, efficiency, and8 capacity, he shall approve that type or make of machine for use in this state and shall9 issue his certificate of approval thereof. In addition, any electronic voting machine10 acquired procured or used in the state must have been certified by NASED11 Independent Testing Authorities according to the voting systems standards adopted12 by the Federal Election Commission. This certificate, together with any relevant13 reports, drawings, and photographs, shall be a public record.14 B. Any absentee by mail and early voting counting equipment to be acquired15 procured for use in this state shall be certified by the secretary of state as meeting16 standards acceptable to him as to durability, accuracy, efficiency, and capacity.17 * * *18 §1362. Method of acquiring procuring voting machines; parts and supplies; and of19 contracting for the maintenance of voting machines20 A.(1) All voting machines used in this state shall be purchased procured by21 the secretary of state, out of state funds appropriated for that purpose, on the basis22 of a competitive request for proposals process or public bids submitted to the23 secretary of state in accordance with specifications prepared by him. The24 specifications may require tests and examinations of the operation of the machines,25 and the secretary of state, for that purpose, may employ experts to report thereon and26 charge the expense thereof to the responders or bidders. Advertisement and letting27 of contracts for the purchase procurement of voting machines shall be in accordance28 with the Louisiana Procurement Code contained in Chapter 17 of Title 39 of the29 Louisiana Revised Statutes of 1950.30 ENROLLEDHB NO. 383 Page 16 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (2) Notwithstanding any provision of law to the contrary, particularly the1 provisions of Chapter 17 of Title 39 of the Louisiana Revised Statutes of 1950, the2 secretary of state is authorized to purchase procure directly from the supplier,3 through the Department of State, voting machine parts, supplies, and other election4 paraphernalia and to contract with the manufacturer through the Department of State5 for the maintenance of the voting machines.6 B. Title to all voting machines purchased by the secretary of state shall vest7 in the state.8 Section 2. R.S. 18:174 and Part I-A of Chapter 5 of Title 18 of the Louisiana9 Revised Statutes of 1950, comprised of R.S. 18:411 through 417, are hereby repealed in their10 entirety.11 Section 3. This Act shall become effective upon signature by the governor or, if not12 signed by the governor, upon expiration of the time for bills to become law without signature13 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If14 vetoed by the governor and subsequently approved by the legislature, this Act shall become15 effective on the day following such approval.16 SPEAKER OF THE HOUSE OF REPRESENTATI VES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: