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.
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).
(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 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.
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.