HLS 18RS-775 REENGROSSED
2018 Regular Session
HOUSE BILL NO. 351
BY REPRESENTATIVE JENKINS
VOTERS/VOTING: Provides relative to voting by persons in a nursing home
1 AN ACT
2To amend and reenact R.S. 18:1333(A), (B), (C)(2), and (D), relative to the nursing home
3 early voting program; to provide relative to the requirements for eligibility to
4 participate in the program; to provide relative to the requirements for making
5 application to participate in the program; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 18:1333(A), (B), (C)(2), and (D) are hereby amended and reenacted
8to read as follows:
9 ยง1333. Nursing home early voting program; voting by persons residing in a nursing
10 home
11 A. For purposes of this Section, the term "nursing home" shall have the
12 meaning ascribed to it in R.S. 40:2009.2(1) and, with respect to a person with a
13 physical disability who resides in a hospital for an extended period of time by reason
14 of a physical disability that makes it improbable that he will be able to vote in person
15 at the polls on election day or during early voting, the term also shall mean a
16 hospital. "Nursing home" for the purpose of this Section shall also mean a veterans'
17 home, operated by the state or federal government, where a person, with a physical
18 disability who is unable to vote in person at the polls or during early voting because
19 of a physical disability, resides.
Page 1 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-775 REENGROSSED
HB NO. 351
1 B. A qualified voter who resides in a nursing home within the parish in
2 which he is entitled to vote and who is unable to vote in person at the polls on
3 election day or during early voting as otherwise provided by this Code due to a
4 physical disability may vote early as provided in this Section during the period
5 extending at least one week prior to the beginning day for early voting through the
6 last day for early voting established by R.S. 18:1309.
7 C. The following voters shall be eligible to vote pursuant to this Section:
8 * * *
9 (2) A voter who is a resident of a nursing home who provides to the registrar
10 of voters current proof of disability from a physician along with a certification from
11 the physician voter which indicates that by reason of the voter's disability the voter
12 is a resident of the nursing home unable to appear in person to vote either during
13 early voting or at the polling place on election day.
14 D.(1) A voter qualified to vote under this Section shall make application in
15 writing to vote pursuant to this Section to the registrar of voters by letter. An
16 application to vote as provided in this Section shall be submitted to and received by
17 the registrar of voters at least thirty days prior to the election. Such request
18 application may be submitted by mail, commercial carrier, or hand delivery. The
19 request application shall be submitted over the voter's signature or mark if the voter
20 is unable to sign his name, signed by the registrar, deputy registrar, or one witness;
21 provide the name of the voter and the address of the nursing home; and if qualified
22 pursuant to Paragraph (C)(2) of this Section, provide current proof of disability from
23 a physician along with a certification from the physician voter which indicates that
24 by reason of the voter's disability the voter is a resident of the nursing home unable
25 to appear in person to vote either during early voting or at the polling place on
26 election day.
27 (2) Upon receipt of a valid request, the request shall serve as an application
28 to vote pursuant to this Section. The An application to vote in the nursing home
29 early voting program as provided in that satisfies the requirements of this Section
Page 2 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-775 REENGROSSED
HB NO. 351
1 shall remain valid indefinitely unless the voter submits a written request to the
2 registrar to be removed from the program or the voter no longer resides in the
3 nursing home listed in his application. However, if the voter has become a resident
4 of a different nursing home in the parish and has notified the registrar of voters in
5 writing of the change of nursing home address, his application shall remain valid.
6 * * *
7 Section 2. This Act shall become effective January 1, 2019.
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 351 Reengrossed 2018 Regular Session Jenkins
Abstract: Repeals the requirement that a person be unable to vote in person at the polls on
election day or during early voting due to a physical disability in order to participate
in the nursing home early voting program and the requirement that a participant
provide proof of disability and a certification from a physician.
Present law (R.S. 18:1333) provides relative to the nursing home early voting program.
Provides requirements and procedures for the program, which require the registrar to go to
each nursing home in the parish where persons who are eligible to vote reside to allow them
to vote at the nursing home during the early voting period.
Present law provides that a qualified voter who resides in a nursing home within the parish
in which he is entitled to vote and who is unable to vote in person at the polls on election day
or during early voting due to a physical disability may vote early pursuant to the program.
Proposed law repeals the requirement that the voter be unable to vote in person at the polls
on election day or during early voting to be eligible to participate in the program. Otherwise
retains present law.
Present law provides that a voter who participated in the former Special Program for
Handicapped Voters as such program existed prior to Jan. 1, 2010, and who is a resident or
has become a resident of a nursing home is eligible to participate in the program.
Present law additionally provides that a voter is eligible to participate in the program if the
voter resides in a nursing home and provides to the registrar of voters current proof of
disability from a physician along with a certification from the physician that the voter is
unable to appear in person to vote either during early voting or at the polling place.
Proposed law repeals the requirement to submit proof of disability and a certification from
a physician. Instead provides that a voter is eligible to participate in the program if the voter
certifies that he is a resident of the nursing home.
Present law requires an eligible voter to make written application to the registrar of voters
prior to participating in the program. Provides requirements for the application and
deadlines.
Page 3 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-775 REENGROSSED
HB NO. 351
Proposed law retains present law.
Present law provides that application is made by letter and refers to the letter as a request.
Proposed law repeals present law.
Present law defines "nursing home" to include a veterans' home, operated by the state or
federal government where a person who is unable to vote in person at the polls or during
early voting because of a physical disability resides.
Proposed law repeals requirement that the veterans' home be one where a person who is
unable to vote in person at the polls or during early voting because of a physical disability
resides. Otherwise retains present law.
Effective January 1, 2019.
(Amends R.S. 18:1333(A), (B), (C)(2), and (D))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Repeal the requirement that a person be unable to vote in person at the polls on
election day or during early voting due to a physical disability in order to
participate in the nursing home early voting program.
2. Repeal provisions requiring a veterans' home to be one where a person who is
unable to vote in person at the polls or during early voting because of a physical
disability resides in order to be considered a "nursing home" for purposes of
present law and proposed law.
Page 4 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.