GREEN SHEET REDIGEST
HB 890 2016 Regular Session Danahay
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
ELECTION CODE: Makes revisions to the La. Election Code
DIGEST
Present law (R.S. 18:18) provides for the powers and duties of the secretary of state and
provides specific responsibilities.
Proposed law retains present law and additionally authorizes the secretary of state to develop
and implement a pilot program for new voting technology and equipment. Requires the
secretary of state to work with two members each from the legislative governmental affairs
committees in developing the program. Requires the secretary of state to submit a description
of the program and any changes to the committees.
Present law (R.S. 18:116) requires voter registration services to be provided at certain listed
agencies, including public assistance agencies, offices that provide services to persons with
disabilities, and armed services recruitment offices.
Present law requires that among the services that must be offered at agencies is distribution
of mail voter registration application forms.
Proposed law retains present law.
Present law requires application forms to be distributed only to applicants who are qualified
to register.
Proposed law repeals present law.
Proposed law adds to the list of public assistance agencies the Kinship Care Subsidy Program
(KCSP) and the Child Care Assistance Program (CCAP). Specifies that services at armed
services recruitment offices shall be provided according to the procedures established by the
Federal Voting Assistance Program.
Present law requires a form to accompany the mail voter registration application. Provides
for the content of the form, including a statement informing the person that he may file a
complaint with the secretary of state if a person has interfered with his right to register or
decline to register to vote or his right to privacy.
Proposed law retains present law and additionally requires the form to include interference
with the person's right to choose his own political party or other political preference as causes
for a complaint.
Present law (R.S. 18:23) provides for the State Board of Election Supervisors. Provides that
the board is composed of 7 members to include:
(1)Lieutenant Governor.
(2)Secretary of State.
(3)Attorney general.
(4)Commissioner of elections or a designee of the secretary of state.
(5)Member of the Clerks of Court Association.
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Prepared by J. Ashley Mitchell Carter. (6)Member of the Registrar of Voters Association.
(7)One member appointed by the governor.
Proposed law retains present law and adds one member from the Police Jury Association to
the board.
Present law (R.S. 18:105) provides a procedure for establishing identity of persons applying
for voter registration. Additionally provides that an applicant of a naturalized citizen prove
that he has been legally naturalized, and that a person claiming to be a citizen of the United
States other than by birth or naturalization prove such citizenship.
Proposed law repeals present law.
Proposed law provides for the process by which a registrar shall retire or resign. Requires the
registrar to file notice with the secretary of state and provides for the format of the notice.
Requires the secretary of state to transmit a copy of the notice to the parish governing
authority and provides that the resignation is not effective until the original notice is received
by the secretary of state. Provides that the notice the resignation is irrevocable when received.
Present law (R.S. 18:193) provides for a challenge procedure to be used by the registrar when
he has reason to believe that a registrant no longer is qualified to be registered, or that a
registrant has changed his residence. Requires the registrar to send the person an address
confirmation card. Provides that if the voter responds to the address confirmation card and
has permanently moved outside the parish, the registrar shall cancel the voter's registration.
Proposed law provides that if the voter responds and has moved to a different parish, the
registrar shall transfer the voter's registration information to the new parish of residence.
Provides that if the voter responds to the address confirmation card and has permanently
moved outside the state, the registrar shall cancel the voter's registration. Otherwise retains
present law.
Present law (R.S. 18:424) provides qualifications for a person to serve as a commissioner-in-
charge. Present law (R.S. 18:425) provides qualifications for a person to serve as a
commissioner. Qualifications include being a qualified voter, not being a candidate in the
election, and subject to certain exceptions, having completed certain training.
Proposed law retains present law.
Present law also provides that a person who is entitled to assistance in voting cannot serve
as a commissioner or a commissioner-in-charge.
Proposed law repeals present law. Provides instead that the person must be able to perform
the essential duties of a commissioner-in-charge or commissioner, as applicable, as described
in the informational pamphlet developed by the secretary of state pursuant to present law
(R.S. 18:421(C)).
Present law provides that a person who is 17 years of age and is not a qualified voter but is
otherwise qualified to serve as a commissioner pursuant to present law may be selected to
serve as a commissioner in any precinct of the ward where he may register to vote, provided
that the person is enrolled in the 12th grade of any La. public high school or state-approved
nonpublic high school, is participating at the 12th grade level in a home study program
approved by the State Board of Elementary and Secondary Education (BESE), has received
a diploma from any La. public high school or state-approved nonpublic high school, has
received a diploma for completion of a home study program approved by BESE, or has been
issued a high school equivalency diploma after successfully completing the test of General
Educational Development.
Proposed law retains present law and additionally provides that a qualified voter of this state
or a person who is registered to vote in another state who is able to perform the essential
duties of a commissioner as described in the informational pamphlet developed by the
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Prepared by J. Ashley Mitchell Carter. secretary of state pursuant to present law (R.S. 18:421(C)), who is not a candidate in the
election, and who is a student at an institution of higher learning located in this state may be
selected as a commissioner in any precinct in the parish where the institution of higher
learning is located if the student submits to the clerk a copy of his student identification or
fee bill showing current enrollment and a copy of his proof of voter registration.
Present law (R.S. 18:444) provides that at the first meeting of the parish executive committee
of a recognized political party, the newly-elected members of the committee shall elect the
officers provided for by the rules and regulations of the state central committee of that
political party, which shall be uniform for all parish executive committees.
Proposed law additionally requires the chairman of each parish executive committee to
submit the name of each officer to the secretary of state within five business days of the
election of the officers and to submit any change in the officers to the secretary of state
within five business days of the change.
Present law (R.S. 18:461) provides that, subject to certain limited exceptions, a person who
desires to become a candidate in a primary election qualifies as a candidate by timely filing
notice of his candidacy, accompanied either by a nominating petition or by the qualifying fee
and any additional fee imposed.
Present law (R.S. 18:463) provides for the content of the notice of candidacy, including
certification that the statements therein are true and correct and acknowledging a number of
specific requirements of present law relative to qualifications, the Code of Governmental
Ethics, the Campaign Finance Disclosure Act, and the filing of his tax returns. Requires the
certificate to be executed before a notary public, be witnessed by two persons, or if the
candidate is serving outside of the state in the armed forces of the U.S., be witnessed by a
commissioned officer.
Proposed law retains present law.
Present law provides that if the execution of the certificate is witnessed by two persons, the
two persons must be registered to vote for the office that the candidate seeks.
Proposed law repeals present law.
Proposed law removes obsolete references to refunds of qualifying fees and a related escrow
account in provisions of present law (R.S. 18:470) relative to the delivery of such fees to the
state treasury.
Present law (R.S. 18:532.1) authorizes parish governing authorities to change the
configuration, boundaries, or designation of election precincts by ordinance, subject to
certain limitations and requirements. However, provides that no election precinct shall be
created, divided, abolished, or merged, or the boundaries thereof otherwise changed between
Jan. first of any year of which the last digit is nine and Dec. thirty-first of any year of which
the last digit is three. Provides a limited exception for merger of precincts if certain
requirements are met.
Proposed law retains present law.
Present law provides an additional limited exception. Provides that if after the release of the
federal decennial census data a parish governing authority is unable to comply with
applicable law regarding redistricting and reapportionment, including adherence to traditional
redistricting principles, in the creation of its redistricting or reapportionment plan using the
whole precincts submitted to the U.S. Bureau of the Census, the parish governing authority
may divide a precinct into two or more precincts according to a visible feature which is a
census tabulation boundary.
Proposed law retains present law. Additionally requires the parish governing authority to
notify the secretary of state of any such precinct division in writing.
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Prepared by J. Ashley Mitchell Carter. Present law provides a period of time prior to an election during which no precinct shall be
established or changed in any way, including alphabetical division by voter surname, and
during which no annexation shall be implemented. Provides that the period of time ends on
the date of the general election.
Proposed law retains present law.
Present law provides that the period commences on the fifth business day prior to the date
the qualifying period opens.
Proposed law provides instead that the period commences on the tenth business day prior to
the date the qualifying period opens.
Present law provides that no change to a precinct or annexation that is made prior to the
commencement of this period shall become effective for the election unless certain required
information is submitted to and received by the secretary of state no later than the date that
the period commences.
Proposed law specifies that the information must be received by the secretary of state prior
to 4:30 p.m. on the date the period commences. Otherwise retains present law.
Present law (R.S. 18:583) provides procedures for the filing of anticipated vacancies for
elected offices. Requires the appropriate authority to call a special election to fill a vacancy
in an office to issue a proclamation ordering a special election to be held to elect a person to
fill the full term of an office when it becomes certain, after the election for the term but prior
to its commencement, that a vacancy will exist on the day when the term of the office
commences as provided by the constitution or by law. Provides that the proclamation
ordering the special election shall state the dates, in accordance with present law (R.S.
18:402), on which the primary and general elections will be held. Provides that it shall
become certain that a vacancy will exist on the day the term of office commences when the
person elected to the office dies or makes a declaration to the secretary of state that he will
not accept the office.
Proposed law retains present law and additionally provides that an anticipated vacancy shall
become certain when the person elected to office is disqualified by a court of competent
jurisdiction.
Present law (R.S. 18:1285 and 1300) provide relative to bond, debt, and tax elections and
elections at which a proposition is to be submitted to the voters. Requires notice of such an
election to be provided to the secretary of state. Provides requirements for such notice.
Proposed law retains present law.
Present law provides that if the election is to be held on a primary election date, the notice
must be received by the 46th day prior to the election. Proposed law requires the notice to
be received by the 54th day prior to the election instead of the 46th day. Otherwise retains
present law.
Present law (Ch. 7 of the La. Election Code—R.S. 18:1301 et seq.) provides for voting
absentee by mail. Provides that certain specified persons may vote by mail by making
application to the registrar.
Present law (R.S. 18:1306) provides procedures and requirements for the preparation and
distribution of absentee by mail and early voting ballots. Requires such ballots to include
instructions printed on the face of the ballots to inform the voter of how to mark the ballot.
Proposed law retains present law. Additionally requires that the instructions inform the voter
concerning how to change or correct his vote on the ballot before it is cast and counted,
including through the use of a replacement ballot if the voter is otherwise unable to change
or correct his vote on the ballot.
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Prepared by J. Ashley Mitchell Carter. Present law (R.S. 18:563 and 1309) provide procedures for casting a vote using a paper
ballot. Proposed law retains present law and additionally provides procedures for using a
replacement ballot. Provides that if a voter determines that his ballot is spoiled because he
wants to change or correct his vote on the ballot before it is cast and counted but is unable
to do so, he may obtain a replacement ballot upon returning the spoiled ballot to the
appropriate election official. Provides that the voter shall cast his vote as provided in present
law using the replacement ballot. Requires the election official to write the words "spoiled
and replaced" on the ballot and retain the spoiled ballot.
Present law (R.S. 18:1310) provides procedures for casting a vote using an absentee by mail
ballot. Proposed law retains present law and additionally provides procedures for using a
replacement ballot. Provides that if a voter determines that his ballot is spoiled because he
wants to change or correct his vote on the ballot before it is cast and counted but is unable
to do so, he may obtain a replacement ballot from the registrar of voters in his parish.
Provides that upon receiving the replacement ballot, the voter shall mark the ballot and return
it to the registrar as provided in present law. Provides that the voter shall not return the
spoiled ballot to the registrar, but shall destroy it. Provides that if the voter sends both the
spoiled ballot and the replacement ballot to the registrar, each of such ballots shall be void.
Present law (R.S. 18:1307) provides for the content of absentee by mail applications.
Provides for the form of an application. Provides methods for returning applications to the
registrar, including mail, commercial delivery service, hand delivery, and facsimile.
Proposed law retains present law. Provides that if an application is sent by facsimile, the
person sending the application by facsimile shall sign the application to indicate that he is
the sender and shall include the facsimile number from where the facsimile was sent.
However, provides that proposed law does not apply to an application by a person who is
entitled to vote pursuant to the Uniformed and Overseas Citizens Absentee Voting Act
(UOCAVA).
Present law additionally provides that no person except the immediate family member of a
voter may hand deliver more than one voter's application to vote by mail to the registrar.
Proposed law retains present law and applies this limitation to applications sent by facsimile.
However, provides that proposed law does not apply to an application by a person who is
entitled to vote pursuant to UOCAVA.
Present law (R.S. 18:1313) provides procedures and requirements for the tabulation and
counting of absentee by mail ballots by the parish board of election supervisors. Provides that
upon written request by certain specified persons, a recount must be conducted if the number
of absentee by mail and early voting ballots cast could make a difference in the outcome of
the election. Provides that all recounts of absentee by mail and early voting ballots shall be
held at 10:00 a.m. or following the reinspection of voting machines on the fifth day after the
election and at any time ordered by a court of competent jurisdiction. Provides that if the fifth
day after the election falls on a holiday or weekend, such recount shall be held on the next
working day at 10:00 a.m. or following the reinspection of voting machines. Present law
requires a written request for recount of absentee by mail and early voting ballots to be filed
with the clerk of court no later than the last working day prior to the date of the recount.
Proposed law retains present law but requires a request for recount to be filed by 4:30 p.m.
on the last day for filing the request.
Present law provides that the parish board of election supervisors is responsible for counting
and tabulation of absentee by mail and early voting ballots. Provides procedures and
requirements.
Proposed law retains present law and additionally provides that if a voter sends two or more
absentee by mail ballots for the same election in the same envelope the parish board shall
reject all such ballots.
Effective upon signature of governor or lapse of time for gubernatorial action; except that
provisions relative to changes to challenge and cancellation of registration, the deadline for
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Prepared by J. Ashley Mitchell Carter. notice of election, replacement ballots, and instructions on absentee by mail ballots become
effective on January 1, 2017.
(Amends R.S. 18:18(A)(7), 116(A)(1)(intro para) and (a), (B)(1)(a) and (d) and (2)(a) and
(b), and (C), 193(D), 424(B)(1), 425(B), 444(D), 463(A)(2)(b), 470(B), 532.1(D)(2)(a) and
(E), 563(D)(2), 583(A)(2), 1285(B)(1)(a), 1300(C)(1), 1306(A)(3), 1307(B)(1)(a), and
1313(J)(2)(b); adds R.S. 18:18(A)(10), 116(A)(3), 1309(E)(5)(b)(iii), 1310(D), and
1313(F)(11); repeals R.S. 18:105(B) and (C) and 116(A)(1)(c))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the original bill:
1. Add procedures for using a replacement paper ballot to change or correct a vote
before the vote is cast and counted when voting during early voting, absentee by
mail, and on election day.
2. Remove provisions requiring a parish governing authority to send certain
documents to the secretary of state prior to adopting a precinct division and
requiring the secretary of state to provide the parish governing authority with a
report concerning the proposed precinct division.
3. Add provisions requiring the parish governing authority to notify the secretary of
state in writing when a precinct division is adopted.
4. Make technical changes.
The House Floor Amendments to the engrossed bill:
1. Add provisions that exempt applications by persons who are entitled to vote
pursuant to the Uniformed and Overseas Citizens Absentee Voting Act from
proposed law requirements that absentee by mail applications sent by facsimile
be signed by the sender and include the number of the facsimile machine and that
limit the number of such applications that may be sent by one person.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and Governmental
Affairs to the engrossed bill
1. Adds a member of the Police Jury Association to the State Board of Election
Supervisors.
2. Adds a process by which a registrar shall retire or resign.
3. Deletes procedures requiring proof of naturalization or citizenship for purposes
of voter registration applications.
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Prepared by J. Ashley Mitchell Carter.