HLS 16RS-358 ENGROSSED
2016 Regular Session
HOUSE BILL NO. 614
BY REPRESENTATIVE MORENO
VOTERS/VOTING: Provides for the electronic transmission of voting materials and
procedures and requirements for voting absentee using such materials
1 AN ACT
2To amend and reenact R.S. 18:1310(A)(2) and to enact R.S. 18:1308(A)(1)(d), relative to
3 voting absentee by mail; to provide for the electronic transmission of voting
4 materials to certain voters under certain circumstances; to provide relative to the
5 procedures and requirements for voting using such materials; and to provide for
6 related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 18:1310(A)(2) is hereby amended and reenacted and R.S.
918:1308(A)(1)(d) is hereby enacted to read as follows:
10 §1308. Absentee voting by mail
11 A.(1)
12 * * *
13 (d)(i) Upon request, the registrar shall transmit electronically a ballot,
14 certificate, and waiver of the right to a secret ballot to a voter who is eligible to vote
15 absentee by mail pursuant to R.S. 18:1303(F) or (I) and who is unable to vote an
16 absentee by mail ballot without assistance because of a disability.
17 (ii) The waiver of the right to a secret ballot shall contain the following
18 statement: "My ballot was transmitted electronically to me, and I am voluntarily
19 waiving my right to a secret ballot." The waiver shall also contain spaces for the
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HB NO. 614
1 voter's handwritten signature or mark, the date, and the last four digits of the voter's
2 social security number.
3 (iii) The voter shall mark the ballot and complete the certificate and waiver
4 as provided in R.S. 18:1310 and return his voted ballot and completed certificate and
5 waiver to the registrar by facsimile or any means authorized by Subsection B of this
6 Section. The registrar and his staff shall take the steps necessary to keep the voted
7 ballot as confidential as practicable.
8 * * *
9 §1310. Execution of certificate; marking of ballot; casting vote; assistance
10 A.
11 * * *
12 (2) When a member of the United States Service or a person residing outside
13 the United States who is registered to vote receives the absentee voting materials by
14 electronic transmission, he absentee by mail voting materials are electronically
15 transmitted to a voter pursuant to the provisions of this Chapter, the voter first shall
16 mark each ballot according to the instructions on the ballot, either by marking the
17 ballot electronically and then printing it, or by printing the ballot first and then
18 marking it by hand. The voter shall then print all remaining documents and fill in
19 all blanks on the certificate and the waiver of the right to a secret ballot for each
20 ballot mailing. The voter then shall mark the ballot or ballots according to the
21 printed instructions on its face. The voter shall then place the voted ballot or ballots,
22 completed certificate, and waiver of the right to a secret ballot for each ballot mailing
23 in a separate envelope, seal the envelope, mark "Absentee Ballot Enclosed" on the
24 envelope, and mail the envelope and its contents to the registrar of voters.
25 * * *
26 Section 2. This Act shall become effective January 1, 2017.
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HB NO. 614
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)]
HB 614 Engrossed 2016 Regular Session Moreno
Abstract: Provides for procedures for voting using absentee by mail materials sent
electronically, and requires the registrar to send such materials electronically to
certain voters with disabilities upon request.
Present law (R.S. 18:1303) authorizes certain persons to vote absentee by mail, including a
person who participates in a former program for persons with physical disabilities and a
qualified voter who submits certain required proof of a physical disability.
Present law (R.S. 18:1308) requires the registrar to mail absentee by mail voting materials
to a person who has applied to vote absentee by mail. Authorizes the registrar to transmit
such materials by facsimile if the voter feels he will not have time to vote timely by mail.
Authorizes the registrar to transmit such materials electronically to certain hospitalized
voters, to members of the U.S. Service, and to persons residing outside the U.S. who are
registered to vote. Requires the materials to include the necessary instructions, certificates,
ballots, and waiver of the right to a secret ballot. Provides for the content of the waiver.
Authorizes certain methods for returning materials to the registrar.
Proposed law retains present law. Additionally requires the registrar to transmit
electronically a ballot, certificate, and waiver of the right to a secret ballot to a voter who is
eligible to vote absentee by mail pursuant to present law (R.S. 18:1303) and who is unable
to vote an absentee by mail ballot without assistance because of a disability.
Present law (R.S. 18:1310) provides procedures for voting absentee by mail. Provides that
when a voter receives the absentee voting materials by mail, he first shall fill in all blanks
on the certificate on the ballot envelope flap. Requires the voter to then mark the ballot
according to the printed instructions on its face. Provides that the voter then places the voted
ballot in the envelope, seal the envelope, and sign the certificate on the ballot envelope flap.
Proposed law retains present law.
Present law provides procedures to be used when absentee by mail voting materials are
received by a member of the U.S. Service or a person residing outside the U.S. who is
registered to vote. Provides that he first shall print all documents and fill in all blanks on the
certificate and the waiver of the right to a secret ballot for each ballot mailing. Requires the
voter to then mark the ballot or ballots according to the printed instructions. Provides that
the voter shall then place the voted ballot or ballots, completed certificate, and waiver of the
right to a secret ballot for each ballot mailing in a separate envelope, seal the envelope, mark
"Absentee Ballot Enclosed" on the envelope, and mail the envelope and its contents to the
registrar of voters.
Proposed law requires the voter to first mark each ballot according to the instructions on the
ballot, either by marking the ballot electronically and then printing it, or by printing the
ballot first and then marking it by hand. Provides that the voter then must print all of the
remaining documents. Provides that proposed law and present law apply to all voters to
whom absentee by mail voting materials are transmitted, not only members of the U.S.
Service and people residing outside the U.S. Otherwise retains present law.
Present law provides that a person otherwise qualified to vote absentee by mail who is
visually impaired or physically disabled or who is unable to read or write may receive
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HB NO. 614
assistance in voting absentee by mail from any person selected by him other than a
candidate. Provides that a person who is eligible for assistance in voting absentee by mail
or early voting may, in the same manner, seek assistance in the signing of his name or
making of his mark. Requires any person who assists a voter in signing his name or making
his mark to explain to the voter that a signature or mark so made certifies that all statements
in the certificate, if applicable, are true and correct and that any person who knowingly
provides false or incorrect statements is subject to a fine or imprisonment, or both. Requires
a person who assists a voter in voting absentee by mail to execute an acknowledgment.
Proposed law retains present law.
Effective January 1, 2017.
(Amends R.S. 18:1310(A)(2); Adds R.S. 18:1308(A)(1)(d))
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