HLS 17RS-582 ORIGINAL
2017 Regular Session
HOUSE BILL NO. 565
BY REPRESENTATIVE JAY MORRIS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
VOTERS/VOTING: Removes the ability of a person to vote by completing an affidavit in
lieu of providing a picture identification card that contains the name and signature
of the voter
1 AN ACT
2To amend and reenact R.S. 18:431(A)(1)(b) and (B)(1), 433(A)(3), 562(A)(2), and
3 1309(D)(1), relative to voting; to provide relative to the identification of voters at
4 polling places during early voting and on election day; to repeal provisions of law
5 that allow a person to vote without presenting certain forms of identification if the
6 person executes an affidavit containing certain information; to provide relative to the
7 training and duties of commissioners, commissioners-in-charge, and alternate
8 commissioners relative to such affidavits; and to provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 18:431(A)(1)(b) and (B)(1), 433(A)(3), 562(A)(2), and 1309(D)(1)
11are hereby amended and reenacted to read as follows:
12 §431. Commissioners; courses of instruction; certificates; reports; list of certified
13 persons furnished by parish board of election supervisors
14 A.(1)
15 * * *
16 (b) The clerk shall furnish to the persons who attend the course of instruction
17 a copy of the informational pamphlet provided by the secretary of state, and he shall
18 instruct them in the use of voting machines and the duties of commissioners in
19 conducting primary and general elections. The clerk shall instruct the
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HB NO. 565
1 commissioners that it is their duty to offer any voter who does not have picture
2 identification as provided in R.S. 18:562(A) an affidavit to sign to that effect. All
3 such instruction and materials shall be provided pursuant to minimum standards
4 issued by the secretary of state for the course of instruction.
5 * * *
6 B.(1) The clerk of court shall conduct a course of instruction for
7 commissioners-in-charge, commissioners, and alternate commissioners who are
8 selected to serve in each election. The course shall be held after the selection of
9 these officials but not less than four days prior to each election. The course shall
10 primarily cover the procedures to be used in the election for which the officials were
11 selected. The clerk of court shall instruct the commissioners-in-charge,
12 commissioners, and alternate commissioners that it is their duty to offer any voter
13 who does not have picture identification as provided in R.S. 18:562(A) an affidavit
14 to sign to that effect.
15 * * *
16 §433. Commissioners-in-charge; course of instruction; selection; commission;
17 disqualification; replacement
18 A. Course of instruction.
19 * * *
20 (3) During the week prior to the date scheduled for the course of instruction,
21 the clerk shall notify each commissioner of the date, time, and place where he will
22 conduct the course of instruction. The course of instruction shall include but shall
23 not necessarily be restricted to instruction in the operating of voting machines,
24 relevant laws and regulations concerning the conduct of elections, and matters
25 pertaining to the powers and duties of commissioners-in-charge. The clerk shall
26 instruct the commissioners-in-charge that it is their duty to offer any voter who does
27 not have picture identification as provided in R.S. 18:562(A) an affidavit to sign to
28 that effect.
29 * * *
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HB NO. 565
1 §562. Prerequisites to voting
2 A. Identification of voters.
3 * * *
4 (2) Each applicant shall identify himself, in the presence and view of the
5 bystanders, and present to the commissioners a Louisiana driver's license, a
6 Louisiana special identification card issued pursuant to R.S. 40:1321, or other
7 generally recognized picture identification card that contains the name and signature
8 of the applicant. If the applicant does not have a Louisiana driver's license, a
9 Louisiana special identification card, or other generally recognized picture
10 identification card that contains the name and signature of the applicant, the
11 applicant shall complete and sign an affidavit, which is supplied by the secretary of
12 state, to that effect before the commissioners, which affidavit shall include the
13 applicant's date of birth and mother's maiden name. If the applicant is unable to read
14 or write or is otherwise unable to complete the affidavit due to disability, the
15 applicant may receive assistance in completing the affidavit and the commissioner
16 shall make a notation on the affidavit. The applicant may receive the assistance of
17 any person of his choice, including a commissioner, except a candidate,
18 commissioner-in-charge, the applicant's employer or employer's agent, or the
19 applicant's union agent. The commissioners shall place the affidavit in the envelope
20 marked "Registrar of Voters" and attach the envelope to the precinct register.
21 However, an applicant who is allowed to vote without the picture identification
22 required by this Paragraph is subject to challenge as provided in R.S. 18:565.
23 * * *
24 §1309. Early voting; verification
25 * * *
26 D.(1) Before any voter is allowed to vote during early voting, the registrar
27 or his deputy shall establish the voter's identity by requiring him to submit a
28 Louisiana driver's license, a Louisiana special identification card issued pursuant to
29 R.S. 40:1321, or other generally recognized picture identification card that contains
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HB NO. 565
1 the name and signature of the voter. If the voter does not have a Louisiana driver's
2 license, a Louisiana special identification card, or other generally recognized picture
3 identification card that contains the name and signature of the voter, the voter shall
4 complete and sign, in the presence of the registrar or his deputy, a voter
5 identification affidavit to that effect provided by the secretary of state, which
6 affidavit shall include the voter's date of birth and mother's maiden name. If the
7 voter is unable to read or write or is otherwise unable to complete the affidavit due
8 to disability, the voter may receive assistance in completing the affidavit, and the
9 registrar or his deputy shall make a notation on the affidavit. The voter may receive
10 the assistance of any person of his choice, including the registrar or his deputy,
11 except a candidate, the voter's employer or employer's agent, or the voter's union
12 agent. The registrar or his deputy shall retain the affidavit in the office of the
13 registrar of voters. If satisfied that the voter has identified himself as the voter
14 registered in the state voter registration computer system or named on the precinct
15 register and that he is qualified to vote, the registrar or his deputy shall initial the
16 precinct register or early voting list kept by the registrar opposite the voter's
17 signature or mark. The voter then shall be allowed to vote. A voter who votes
18 without the picture identification required by this Paragraph is subject to challenge
19 as provided in R.S. 18:1315.
20 * * *
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 565 Original 2017 Regular Session Jay Morris
Abstract: Repeals provisions of law that allow a person to vote without presenting certain
forms of identification if the person executes an affidavit containing certain
information.
Present law (R.S. 18:562 and 1309) provides procedures and requirements for voting at
polling places during early voting and on election day. Requires a person to establish his
identity prior to voting. For this purpose, requires the person to present a La. driver's
license, a La. special identification card issued pursuant to present law (R.S. 40:1321), or
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HB NO. 565
other generally recognized picture identification card that contains the name and signature
of the person.
Proposed law retains present law.
Present law provides that a person may vote if he does not have the specified picture
identification if he completes and signs an affidavit, which is supplied by the secretary of
state, to that effect before the election officials, which affidavit shall include the person's
date of birth and mother's maiden name. Provides that the person may receive assistance in
completing the affidavit if he is unable to read or write or is otherwise unable to complete
the affidavit due to disability. Provides that a person who is allowed to vote without the
specified picture identification is subject to challenge as provided in present law (R.S.
18:565 and 1315).
Proposed law repeals present law.
Present law (R.S. 18:431 and 433) provides relative to the training of commissioners,
commissioners-in-charge, and alternate commissioners. Requires the clerk of court to
conduct courses of instruction. Provides for minimum standards.
Proposed law retains present law.
Present law requires the clerk of court to instruct commissioners, commissioners-in-charge,
and alternate commissioners that it is their duty to offer any voter who does not have picture
identification as provided in present law (R.S. 18:562) an affidavit to sign to that effect.
Proposed law repeals present law.
(Amends R.S. 18:431(A)(1)(b) and (B)(1), 433(A)(3), 562(A)(2), and 1309(D)(1))
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