HLS 14RS-1107 ORIGINAL Page 1 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2014 HOUSE BILL NO. 970 BY REPRESENTATIVE JEFFERSON VOTERS/VOTING: Provides relative to voting by persons who are incarcerated AN ACT1 To amend and reenact R.S. 18:1303(G) and to enact Chapter 7-B of Title 18 of the Louisiana2 Revised Statutes of 1950, to be comprised of R.S. 18:1341 and 1342, relative to3 voting; to provide for a special program for incarcerated voters; to provide relative4 to the authority and duties of certain election officials with respect to such program;5 to provide for eligibility; to provide procedures and requirements; to prohibit certain6 conduct; to provide for criminal penalties; and to provide for related matters.7 Be it enacted by the Legislature of Louisiana:8 Section 1. R.S. 18:1303(G) is hereby amended and reenacted and Chapter 7-B of9 Title 18 of the Louisiana Revised Statutes of 1950, comprised of R.S. 18:1341 and 1342, is10 hereby enacted to read as follows: 11 §1303. Persons entitled to vote in compliance with this Chapter12 * * *13 G. Persons incarcerated. (1) A person incarcerated in an institution inside14 or outside the parish in which he is qualified to vote, who is not under an order of15 imprisonment for conviction of a felony, may only vote absentee by mail and only16 upon meeting the requirements of this Chapter and certification to the appropriate17 registrar by the sheriff of the parish where the person is incarcerated that he is not18 a convicted felon.19 HLS 14RS-1107 ORIGINAL HB NO. 970 Page 2 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (2) Notwithstanding the provisions of Paragraph (1) of this Subsection, a1 person incarcerated in an institution inside the parish in which he is qualified to vote2 and who is not under an order of imprisonment for conviction of a felony may vote3 pursuant to the provisions of Chapter 7-B of this Title.4 * * *5 CHAPTER 7-B. SPECIAL PROGRAM FOR6 INCARCERATED VOTERS7 §1341. Early voting program for incarcerated voters8 A. A qualified voter who is incarcerated in an institution within the parish9 in which he is entitled to vote may vote early as provided in this Section during the10 period extending at least one week prior to the beginning day for early voting11 through the last day for early voting established by R.S. 18:1309.12 B.(1) A voter qualified to vote pursuant to this Section may make application13 to vote pursuant to this Section to the registrar of voters by letter. An application to14 vote as provided in this Section shall be submitted to and received by the registrar15 of voters at least thirty days prior to the election. Such request may be submitted by16 mail or commercial carrier. The request shall be submitted over the voter's signature17 or mark if the voter is unable to sign his name, be signed by one witness, and provide18 the name of the voter and the address of the institution in which the voter is19 incarcerated.20 (2) Upon receipt of a valid request, the request shall serve as an application21 to vote pursuant to this Section. The application to vote in the early voting program22 as provided in this Section shall remain valid indefinitely unless the voter submits23 a written request to the registrar to be removed from the program or the voter no24 longer is incarcerated in the institution listed in his application.25 C. The registrar shall notify the applicant by letter, at the return institution26 address shown on the request, of the day on which a deputy registrar or other27 qualified person selected by the registrar will be present at the institution to permit28 the applicant to cast his ballot. The registrar shall assign a number to the applicant,29 HLS 14RS-1107 ORIGINAL HB NO. 970 Page 3 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. that shall be stamped or entered in ink on the upper right side of the letter and also1 shall be entered in clearly distinguishable figures on the flap of the absentee by mail2 ballot envelope that will contain the absentee by mail ballot to be delivered to that3 applicant on the day designated in the letter. If the letter is mailed by the registrar4 prior to his receipt of the absentee by mail ballots for the election, he shall enter the5 name of the applicant, his address, ward and precinct, and the number assigned to the6 applicant on a list that he shall keep for the purpose and, upon receipt of the absentee7 by mail ballots for the election, he shall enter the number on the absentee by mail8 ballot envelope as provided in this Subsection.9 D.(1) On the day within the period fixed by law for early voting pursuant to10 this Section specified in the letter to the applicant as provided in Subsection C of this11 Section, the registrar shall go to each institution within the parish wherein reside one12 or more voters who are eligible to vote pursuant to this Section and to whom the13 registrar mailed the letter provided for in Subsection C of this Section.14 (2) The registrar shall have in his possession such materials and supplies as15 are needed to permit each of such voters to cast an absentee by mail ballot, including16 but not restricted to absentee by mail ballot envelopes, each of which bears the17 number corresponding to the number entered on the letter mailed to the applicant as18 provided by Subsection C of this Section, instructions, certificates, envelopes,19 acknowledgment forms required by Paragraph (E)(4) of this Section, and a portable20 metal box equipped with an open slot in its top surface of sufficient size to permit21 a completed ballot envelope to be deposited in the box. The registrar shall lock the22 box before he removes it from his office and shall retain the keys in his office.23 E. The voting by each voter shall be accomplished in the following manner:24 (1) The voter shall present to the registrar the letter he received from the25 registrar that bears the reply number assigned as provided in Subsection C of this26 Section. The registrar shall compare the number on the letter with the number on the27 absentee by mail ballot envelope in his possession and, if they are identical, he shall28 hand the envelope containing the absentee by mail ballot to the voter. However, if29 HLS 14RS-1107 ORIGINAL HB NO. 970 Page 4 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. the voter is on the inactive list of voters, the voter must complete an address1 confirmation card prior to receiving the envelope containing the absentee by mail2 ballot.3 (2) Unless requested by the voter to assist him in voting as provided in4 Paragraph (4) of this Subsection, the registrar shall retire from the presence of the5 voter while the voter marks his ballot and completes his ballot envelope.6 (3) The voter shall mark his ballot as provided in R.S. 18:1310(A). The7 voter then shall place the absentee by mail ballot in the absentee by mail ballot8 envelope, seal the envelope, and sign the certificate on the absentee by mail ballot9 envelope flap.10 (4)(a) The voter may receive assistance from any person selected by him,11 except a person who is prohibited from assisting a voter pursuant to R.S. 18:1309.312 and the owner, operator, or administrator of the institution or an employee of any of13 them or of the institution. However, no person except the registrar may assist more14 than one voter in voting.15 (b) Any person who assists the voter in signing his name or marking his16 ballot shall explain to the voter that a signature or mark so made constitutes17 certification that all statements in the certificate are true and correct and that any18 person who knowingly provides false or incorrect statements is subject to a fine or19 imprisonment, or both.20 (c) Any person who assists the voter shall execute an acknowledgment, on21 a form which shall be prescribed and furnished to the registrar of voters by the22 secretary of state and made available by the registrar of voters through the deputy23 registrar who appears at the institution, verifying that he has marked the ballot in the24 manner dictated by the voter.25 (5) The voter shall notify the registrar when he has completed his voting, and26 the voter shall place the sealed absentee by mail ballot envelope in the locked metal27 box.28 HLS 14RS-1107 ORIGINAL HB NO. 970 Page 5 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (6)(a) The registrar shall proceed in the above-described manner and using1 the same procedure for each voter in the institution who is qualified to vote pursuant2 to this Section in that election.3 (b) Upon returning to the registrar's office, the registrar shall unlock the4 metal box containing the absentee by mail ballots, remove them from the box, and5 otherwise follow the procedures for the posting of the name, ward, and precinct of6 the voter, and other procedures as required by R.S. 18:1311 and other applicable7 provisions of the Election Code relating to absentee by mail and early voting ballots.8 (7) Upon receipt of an address confirmation card, the registrar shall reinstate9 the voter to the official list of voters.10 F. Notwithstanding the provisions of this Section, the registrar may utilize11 the same voting procedures, voting machines, and equipment used for early voting12 to conduct voting pursuant to this Section.13 G. The secretary of state may adopt such rules and regulations as are14 necessary to effectuate the provisions of this Section.15 §1342. Electioneering in connection with voting by incarcerated persons16 A. During the period extending from seven days prior to the time that voting17 begins pursuant to R.S. 18:1341 for an election until the polls have closed on election18 day, no owner, operator, employee, or agent of such owner, operator, or employee,19 or any stockholder of any institution or candidate or employee of or agent or worker20 for any candidate shall perform or cause to be performed any of the following acts21 while on duty or on the premises of the institution:22 (1) Solicit in any manner or by any means whatsoever any person23 incarcerated in the institution to vote for or against any candidate or proposition24 being voted on in the election.25 (2) Hand out, place, or display campaign cards, pictures, or other campaign26 literature of any kind or description in the institution.27 (3) Place or display political signs, pictures, or other forms of political28 advertising in the institution.29 HLS 14RS-1107 ORIGINAL HB NO. 970 Page 6 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. B. Whoever violates any provision of this Section shall be fined not more1 than five hundred dollars or be imprisoned for not more than six months, or both.2 For a second offense or any succeeding offense, the penalty shall be a fine of not3 more than one thousand dollars or imprisonment for not more than one year, or both.4 C. The provisions of this Section shall not prohibit a person, who is not an5 owner, operator, employee, or agent of such owner, operator, or employee, or any6 stockholder of any institution from performing any of the listed acts in an institution7 in which he is incarcerated. However, such a person shall not erect in or affix to any8 of the common areas of the institution any political signs, pictures, or other forms of9 political advertising, or display any such political material within the common areas10 of the institution on the day when the registrar of voters conducts absentee voting at11 the institution.12 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)] Jefferson HB No. 970 Abstract: Provides for a special program for incarcerated voters to vote early. Present law provides for the suspension of voting rights when a person is under an order of imprisonment for conviction of a felony. Provides that a person incarcerated in an institution inside or outside the parish in which he is qualified to vote, who is not under an order of imprisonment for conviction of a felony, may only vote absentee by mail and only upon meeting the requirements of present law and certification to the appropriate registrar by the sheriff of the parish where the person is incarcerated that he is not a convicted felon. Proposed law retains present law and additionally provides for a special program for voters incarcerated in the parish in which they are registered to vote whereby such voters may vote early as follows: (1)A qualified voter who is incarcerated in an institution within the parish in which he is entitled to vote may vote early during the period extending at least one week prior to the beginning day for early voting through the last day for early voting established by present law. (2)A voter qualified to vote pursuant to proposed law may make application to vote to the registrar of voters by letter. An application to vote as provided in proposed law shall be submitted to and received by the registrar of voters at least 30 days prior to the election. Such request may be submitted by mail or commercial carrier. The request shall be submitted over the voter's signature or mark if the voter is unable to sign his name, be signed by one witness, and provide the name of the voter and the address of the institution in which the voter is incarcerated. HLS 14RS-1107 ORIGINAL HB NO. 970 Page 7 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (3)Upon receipt of a valid request, the request shall serve as an application to vote pursuant to proposed law. The application shall remain valid indefinitely unless the voter submits a written request to the registrar to be removed from the program or the voter no longer is incarcerated in the institution listed in his application. (4)The registrar shall notify the applicant by letter, at the return institution address shown on the request, of the day on which a deputy registrar or other qualified person selected by the registrar will be present at the institution to permit the applicant to cast his ballot. The registrar shall assign a number to the applicant, that shall be stamped or entered in ink on the upper right side of the letter and also shall be entered in clearly distinguishable figures on the flap of the absentee by mail ballot envelope that will contain the absentee by mail ballot to be delivered to that applicant on the day designated in the letter. If the letter is mailed by the registrar prior to his receipt of the absentee by mail ballots for the election, he shall enter the name of the applicant, his address, ward and precinct, and the number assigned to the applicant on a list that he shall keep for the purpose and, upon receipt of the absentee by mail ballots for the election, he shall enter the number on the absentee by mail ballot envelope as provided in this Subsection. (5)On the day specified in the letter to the applicant, the registrar shall go to each institution within the parish wherein reside one or more voters who are eligible to vote pursuant to proposed law and to whom the registrar mailed the letter. (6)The registrar shall have in his possession such materials and supplies as are needed to permit each of such voters to cast an absentee by mail ballot. (7)The voter shall present to the registrar the letter he received from the registrar that bears the reply number assigned. The registrar shall compare the number on the letter with the number on the absentee by mail ballot envelope in his possession and, if they are identical, he shall hand the envelope containing the absentee by mail ballot to the voter. However, if the voter is on the inactive list of voters, the voter must complete an address confirmation card prior to receiving the envelope containing the absentee by mail ballot. (8)Unless requested by the voter to assist him in voting, the registrar shall retire from the presence of the voter while the voter marks his ballot and completes his ballot envelope. (9)The voter shall mark his ballot as provided in present law. The voter then shall place the absentee by mail ballot in the absentee by mail ballot envelope, seal the envelope, and sign the certificate on the absentee by mail ballot envelope flap. (10)The voter may receive assistance from any person selected by him, except a person who is prohibited from assisting a voter pursuant to present law and the owner, operator, or administrator of the institution or an employee of any of them or of the institution. However, no person except the registrar may assist more than one voter in voting. (11)Any person who assists the voter in signing his name or marking his ballot shall explain to the voter that a signature or mark so made constitutes certification that all statements in the certificate are true and correct and that any person who knowingly provides false or incorrect statements is subject to a fine or imprisonment, or both. (12)Any person who assists the voter shall execute an acknowledgment, on a form which shall be prescribed and furnished to the registrar of voters by the secretary of state and made available by the registrar of voters through the deputy registrar who appears at the institution, verifying that he has marked the ballot in the manner dictated by the voter. HLS 14RS-1107 ORIGINAL HB NO. 970 Page 8 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (13)The voter shall notify the registrar when he has completed his voting, and the voter shall place the sealed absentee by mail ballot envelope in the locked metal box. (14)The registrar shall proceed in the above-described manner and using the same procedure for each voter in the institution who is qualified to vote in that election. (15)Upon returning to the registrar's office, the registrar shall unlock the metal box containing the absentee by mail ballots, remove them from the box, and otherwise follow the procedures for the posting of the name, ward, and precinct of the voter, and other procedures as required by present law relating to absentee by mail and early voting ballots. Proposed law provides that during the period extending from seven days prior to the time that voting begins pursuant to proposed law for an election until the polls have closed on election day, no owner, operator, employee, or agent of such owner, operator, or employee, or any stockholder of any institution or candidate or employee of or agent or worker for any candidate shall perform or cause to be performed any of the following acts while on duty or on the premises of the facility: (1)Solicit in any manner or by any means whatsoever any person incarcerated in an institution to vote for or against any candidate or proposition being voted on in the election. (2)Hand out, place, or display campaign cards, pictures, or other campaign literature of any kind or description in the institution. (3)Place or display political signs, pictures, or other forms of political advertising in the institution. Proposed law provides that whoever violates any provision of this proposed law shall be fined not more than $500 or be imprisoned for not more than six months, or both. Provides that for a second offense or any succeeding offense, the penalty shall be a fine of not more than$1,000 or imprisonment for not more than one year, or both. (Amends R.S. 18:1303(G); Adds R.S. 18:1341 and 1342)