Tim Burns (HB 383) Act No. 60
Existing law (R.S. 18:58) provides for the powers and duties of registrars of voters, including
providing that the registrar shall be responsible for the registration of voters in the parish, for
the administration and enforcement of the laws and the rules and regulations of the secretary
of state relating to the registration of such voters, and for conducting absentee by mail and
early voting in the parish.
New law additionally requires each 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.
Existing 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.
Prior law required the affidavit to be subscribed before the registrar, deputy, or any person
authorized to accept voter registration applications. New law repeals prior law.
Existing 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, email address, and short
message service number of a voter.
New law 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.
Existing 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 existing law (R.S. 44:51 et seq.).
(3)Information of a type exempted from disclosure pursuant to existing law received
from another state pursuant to a cooperative agreement authorized by existing 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.
New law additionally prohibits the clerk of court from disclosing such information.
Prior law (R.S. 18:174) provided relative to changes of name. Required the clerk of court
to record certain information relative to changes of name and to transmit that information to
the registrar of voters. Required the secretary of the Dept. of Health and Hospitals to send
to the registrar in each parish certain information concerning women who were remarried.
New law repeals prior law.
Prior law (R.S. 18:411 through 417) provided relative to certain elections that occurred in
1992. New law repeals prior law.
Existing 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 for
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 a certain category of registered voters associated with the precinct.
Prior law provided that the number of additional commissioners was determined based on
the number of active registered voters. New 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.
Existing 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.
Prior law required the parish board of election supervisors to mail the list to the secretary of
state. New law provides instead that the clerk of court shall enter the list in the state voter
registration computer system.
Existing 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.
Prior law required the list of watchers to be filed before 5:00 p.m. on that day. New law
instead requires the list to be filed before 4:30 p.m.
Existing 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 a petition
for the creation of a neighborhood crime prevention and security district and the 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. New law additionally requires the
request to include the date of birth of the person making the request.
Existing 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).
New law provides that if any such 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.
Existing law (R.S. 18:531.1) provides that the polling place for a particular precinct shall not
be required to be opened if the registrar of voters determines that there are no voters eligible
to vote in the precinct for any office or proposition on the ballot or if he determines 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.
New law additionally requires the registrar to notify the other members of the parish board
of election supervisors of such determinations.
Existing 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
commissioners to count provisional ballots.
Existing law (R.S. 18:1302(2)) provides for the definition of the term "board" in connection
with provisions of existing 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. Provides that the term "board" also means commissioners when the
parish board of election supervisors uses them.
Prior law (R.S. 18:566.2 and 1302(2)) referred to commissioners used by the parish board
of election supervisors as "absentee by mail and early voting commissioners". New law
refers to them as "parish board commissioners" instead.
Existing 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.
Prior law required the affidavit to be completed in duplicate. Required the duplicate affidavit
to be placed in the registrar's envelope with other specified records. New law repeals prior
law.
Existing 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.
Prior law required 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. New law requires the clerk
instead to use the final absentee by mail and early voting report to verify the votes.
Existing 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.
New law additionally provides that the proposition shall not include words that are struck
through, underscored, or in boldface type.
Existing 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 voting materials to him by facsimile. 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.
Prior law required the ballot that was sent to the voter to include an affidavit. New law
repeals prior 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.
Prior law required the waiver to include the voter's social security number. New law requires
instead that the waiver include the last four digits of the voter's social security number.
Existing 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.
Prior law also required the waiver to include the voter's social security number. New law
requires instead that the waiver include the last four digits of the voter's social security
number. Existing law requires the voter to send the electronically transmitted ballot and other
materials back to the registrar by mail. New law 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.
Existing 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.
Existing law (R.S. 18:1309) provides that in a parish where early voting is conducted at an
additional location pursuant to existing law (R.S. 18:1309.2), the registrar may fix the hours
and days during the early voting period when early voting will be conducted at the additional
location if those hours and days are approved by the secretary of state prior to a specified
deadline.
Prior law provided that the hours and days had to be approved by the secretary of state no
later than seven days after the close of qualifying for the election. New law provides instead
that the hours and days must be approved no later than 25 days prior to the election.
Prior law (R.S. 18:1353, 1361, and 1362) authorized the secretary of state to purchase voting
machines and absentee by mail and early voting counting equipment. New 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.
Prior law provided that title to all voting machines vested in the state. New law specifies that
title to only those voting machines purchased by the secretary of state vests in the state.
New law makes various technical changes.
Effective upon signature of governor (May 16, 2014).
(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)