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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
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(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
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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
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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
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(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
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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
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(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
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(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)