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 692 Reengrossed 2018 Regular Session Shadoin Abstract: Revises the system of laws comprising the La. Election Code. Present law (R.S. 18:3) provides requirements for any petition submitted to a registrar of voters for certification. Provides that each such petition must include certain information, including a handwritten signature of the voter, the date the voter signed the petition, the signer's ward, precinct, and date of birth, the registration address of the signer, and certain information concerning the person who witnessed and obtained the signature. Proposed law retains present law. Present law requires a petition to include the signer's date of birth. Proposed law instead requires the petition to include only the signer's year of birth. Present law (R.S. 18:23) provides relative to the State Bd. of Election Supervisors. Provides certain procedural requirements and for the membership of the board, including one member of the Police Jury Association of Louisiana (PJAL) or its successor. Proposed law retains present law. Present law provides that the member of the PJAL is elected by its membership. Proposed law instead provides that the member of the PJAL is selected in the manner determined by the association. Additionally authorizes the PJAL to select an alternate member to permanently act for and in place of the member selected pursuant to proposed law in his absence from meetings of the board. Requires the executive director of the association to notify the board in writing of the alternate member selected. Present law(R.S. 18:423) provides relative to parish boards of election supervisors. Creates a parish board in each parish and provides for the powers, duties, and membership. Provides that each parish board includes the registrar of voters, the clerk of court, the chairman of the parish executive committee of each recognized political party or his designee who shall be a member of the parish executive committee of the same recognized political party, and one member appointed by the governor. Provides that in a parish where a parish executive committee of a recognized political party has not been formed, the chairman of the state central committee of that political party may appoint a voter who is registered in the parish as being affiliated with the political party to serve on the parish board. Proposed law retains present law. Additionally provides that the chairman of the state central committee of a political party may appoint a voter to serve on the parish board if there is a vacancy in the office of chairman of the parish executive committee of the party. Present law (R.S. 18:433) requires the clerk of court to conduct a course of instruction for commissioners-in-charge each year. Requires the clerk to issue a certificate to each person who successfully completes the course of instruction. Requires the clerk to file with the parish board of election supervisors a certified list of those persons and requires certain information to be included in the list. Present law also requires the clerk to send the list to the secretary of state. Proposed law repeals present law. Instead requires the clerk to enter the list in the state voter registration computer system as soon as possible after filing the list with the parish board. Present law (R.S. 18:464) provides the amounts of qualifying fees for candidates. Provides different amounts based on the category of office. For municipal offices, provides different amounts depending on the population of the municipality. Proposed law retains present law. Specifies that population for purposes of determining the size of municipalities is the population shown by the latest federal decennial census. Present law (R.S. 18:467) provides for the opening of the qualifying period for candidates. Provides that qualifying opens for candidates in a primary election for municipal and ward officers who are not elected at the same time as the governor or members of congress in municipalities with a population of less than 300,000 and those in any special primary election to be held at the same time, on the second Wed. in Jan. of the year of the election, unless the primary election is held on the first Sat. in March; provides that in such case the qualifying period for candidates in such primary election shall open on the first Wed. in Dec. of the year prior to the election. Proposed law changes the opening of qualifying from the second Wed. in Jan. to the last Wed. in Jan. when the primary election is not held on the first Sat. in March. Otherwise retains present law. Present law (R.S. 18:514) provides that all elected parochial and municipal officers in a parish containing a municipality with a population of 300,000 or more shall take office on the first Mon. in May of 1982 and each four years thereafter. Proposed law repeals present law. Present law (R.S. 18:533) requires the governing authority of each parish to establish polling places for precincts in the parish. Provides requirements for polling places. Prohibits the use of certain locations. Provides that polling places are to be located in public buildings, but if no public building is available a precinct may be located on private property. Requires the governing authority to enter into a written lease for private property that will be used as a polling place. Provides requirements for such leases, and requires each lease to be recorded in the office of the clerk of court for the parish where the property is located and filed with the secretary of state. Proposed law retains present law. Present law provides that payment for the use of private property as a polling place shall not exceed $150 for each election. Proposed law provides an exception to present law if written approval is received from the secretary of state or his designee. Present law also requires a copy of each polling place lease to be prominently posted in the office of the registrar of voters. Proposed law repeals present law. Present law (R.S. 18:553) requires the parish custodian of voting machines to seal the keys to the voting machines at each polling place in an envelope on which shall be written the ward and precinct number of the polling place, the location of the polling place, and the numbers of the seal and protective counter of each voting machine at the polling place. Requires the parish custodian to deliver the sealed key envelope to the deputy parish custodian appointed for the polling place; requires the deputy parish custodian to deliver the sealed key envelope to the commissioner-in- charge at the polling place at least 30 minutes before the time for opening the polls on election day. Proposed law retains present law. Additionally requires the parish custodian of voting machines to write on the key envelope the number of the seal for each precinct register. Present law provides procedures for commissioners to prepare the polling place prior to the beginning of voting. Requires the commissioners to compare the voting machine serial numbers on either side of the machines with the numbers on the envelope containing the keys to the voting machines received from the deputy custodian, to verify that the numbers on the keys also match the serial numbers of the machines, to compare the protective counter numbers on the key envelope with the protective counter numbers on the machines, and to compare numbers on the key envelope with the seal numbers on the machines. Present law provides that if the numbers do not agree, the commissioners shall notify the parish custodian, and the commissioners shall not proceed further in the preparation of the voting machine for voting until a representative of the parish custodian has reexamined the voting machine and certified that it is properly arranged. Provides that if the numbers agree, the commissioners shall open the envelope, take out the keys, and open the door. Proposed law retains present law. Additionally provides that when the door of the voting machine is opened, the commissioners shall compare the cartridge seal number on the key envelope with the protective seal number for the results cartridge. Provides that after the voting machines are set up and powered on and the polls are opened, the commissioners shall compare the public and protective counter numbers on the key envelope with the public and protective counter numbers on the machines. Present law provides that the commissioners shall cause each machine to produce a zero proof sheet, determine from the zero proof sheet that each counter on that machine is set at zero, sign and certify to the correctness of each zero proof sheet, and immediately post each zero proof sheet within the polling place. Provides that if any zero proof sheet is illegible or damaged, the commissioners shall immediately notify the parish custodian who shall take action necessary to make the machine operative. Proposed law retains present law. Present law provides that if any zero proof sheet indicates that any candidate or question counter does not register zero, the commissioners shall immediately notify the parish custodian. Proposed law retains present law. Present law requires the parish custodian to, if practical, readjust the counters. Proposed law repeals present law. Requires the parish custodian to contact the secretary of state's voting machine technician assigned to the parish to either repair or replace the voting machine. Present law requires the commissioners to immediately make a written statement of the letter and number designation on each counter and the number registered on the counter and post this statement at the polling place throughout the election and preserve the statement as part of the election returns. Proposed law repeals present law. Instead requires the commissioners to make a written statement of the irregularity by completing in triplicate a notation of irregularities form to preserve the statement as part of the election returns. Present law requires the commissioners to check the ballot on the face of each voting machine against the sample ballot supplied by the custodian of voting machines to make certain it is correct. Provides that if the ballot is not correct, the commissioners shall notify the parish custodian, and the machine shall not be used until the ballot has been corrected under supervision of the parish custodian or his representatives. Present law requires the commissioners to post the instructions, informational posters, if required, the statement of proposed constitutional amendments on the ballot, and a sample ballot in a conspicuous place at the principal entrance to the polling place, where they shall remain posted throughout the election day. Present law requires the commissioners to leave the voting machines locked against voting until the polls are formally opened and thereafter they shall be operated only by the voters in casting their votes. Present law requires the commissioners to complete in triplicate Certificate No. 1 of the composite certificate designated "Machine Certificates", which shall be prepared and furnished by the secretary of state. Provides for the content of the certificate. Proposed law retains present law. Additionally, requires Certificate No. 1 to include the number of the seal on the precinct register, the number shown on the public counter on each voting machine, and whether any visible damage was seen on any voting machine prior to the start of the election. Also requires the commissioners to set up the audio unit for use of the audio ballot by voters during the election. Present law requires the commissioners to place the keys to the voting machines in the envelope marked for that purpose. Proposed law retains present law. Present law provides that the keys are placed in the envelope when the voting machines at the polling place are unlocked for voting. Proposed law provides instead that the keys are placed in the envelope after closing and locking the back of the voting machine. Present law provides that during the election, the voting machines shall only be operated by the voters casting their votes. Proposed law provides instead that the voting machines shall only be operated by the commissioners to allow the voters to cast their votes. Present law requires the parish custodian of voting machines to deliver a supplemental list of absentee voters who voted absentee by mail and whose ballots were received after the last day for early voting and before election day, if necessary. Proposed law provides that the list shall include a list of absentee voters whose ballots were received after the precinct register was completed for election day voting by the registrar of voters and placed in the voting machine. Present law requires the commissioners to mark "Absentee" in the precinct register for each name appearing on the list. Proposed law provides instead that the commissioners write "voted by mail". Present law (R.S. 18:562) provides prerequisites for voting. Requires each voter to give his name and address to a commissioner, who shall announce the applicant's name and address to the persons at the polling place. The voter must identify himself and present the commissioners with certain forms of identification or execute an affidavit. Proposed law retains present law. Present law requires the commissioners to look for the voter's name in the precinct register on the official list of voters and determine whether the voter has voted absentee by mail or during early voting. Proposed law retains present law and additionally requires the registrar to determine whether the voter's name is on the supplemental list of voters. Present law provides procedures for a voter whose name is found on the inactive list of voters. Proposed law retains present law. Present law provides that if the name of a qualified voter was omitted form the precinct register, the commissioner must contact the registrar of voters to ascertain whether the person is registered to vote in that precinct. Provides that in the absence of a challenge, the voter may sign an affidavit attesting that he is a qualified voter and describing the omission. Proposed law retains present law. Additionally provides that the commissioner may contact the secretary of state to determine whether the person is registered to vote in that precinct. Requires confirmation from the registrar or secretary of state that the person is registered to vote in the precinct. Specifies that the affidavit is a precinct register correction affidavit. Requires the commissioners to print the voter's name in the precinct register correction affidavit tab. Present law provides that the same procedures apply of the name of the voter was incorrectly printed on the precinct register. Proposed law repeals present law. Instead, provides that in such case, the commissioner shall allow the applicant to complete a voter registration application to update his voter registration record and preserve the voter registration application as part of the election records by placing it in the envelope marked "Registrar of Voters" and attach the envelope to the precinct register after the termination of voting. Present law (R.S. 18:563) provides that a voter may not remain in a voting machine longer than three minutes, unless the voter receives assistance pursuant to present law (R.S. 18:564) or uses the audio ballot. In such case, the voter may remain in the voting machine for 20 minutes. Proposed law retains present law. Present law provides that if a voter fails to leave a voting machine promptly after being notified that the required time has elapsed, the commissioners shall have the voter removed from the voting machine. Proposed law provides instead that if a voter fails to leave a voting machine promptly after being notified that the required time has elapsed, the commissioners shall order the voter to complete voting and leave the voting machine. Present law provides that in order to cast a vote on a voting machine, a voter shall make at least one selection in a candidate or proposition election. Provides that voting is completed by activating the cast vote mechanism. Provides that if the voter has made any selection in a candidate or proposition election but has failed to activate the cast vote mechanism, a commissioner observed by at least one other commissioner shall activate the cast vote mechanism for the fled voter without altering any selections made by the voter. Proposed law retains present law. Additionally provides that if a voter has failed to make any selection before leaving the voting machine and, therefore, a commissioner cannot activate the cast vote mechanism for the fled voter, a commissioner shall complete in triplicate the notation of irregularities form provided by the secretary of state and reset the voting machine Present law (R.S. 18:571) provides procedures for commissioners to follow after the termination of voting. Requires the commissioners to announce that voting is terminated, secure the voting machines against further voting, and expose the count on the voting machines, leaving the counter in full view of the watchers. Proposed law retains present law. Requires the commissioners to close the polls. Present law requires the commissioners to complete Certificate No. 2 in triplicate. Proposed law requires the certificate to be completed in duplicate, instead of in triplicate. Present law requires the commissioners to state on the certificate the number on each voting machine. Proposed law specifies that the number is the serial number. Additionally requires the certificate to include the number of the seal placed on the precinct register by the commissioners and whether any visible damage occurred to any voting machine during the election. Present law requires the commissioners to place all duplicate records of challenges, all duplicate precinct register corrections, all voter identification affidavits, any physicians' certificates, and any address confirmation cards in the envelope marked "Registrar of Voters", seal it and attach it to the precinct register, and seal the precinct register. Proposed law retains present law. Additionally requires the commissioners to include in the envelope one copy of the official election results reports, one of the duplicate poll lists, all physical disability affidavits, any copies of disability documentation, and a copy of each completed notation of irregularities form. Present law requires the commissioners to seal any original challenges of voters that have been executed, the official election zero proof report, one copy of the official election results reports, one of the duplicate poll lists, and a copy of the machine certificates in an envelope. Proposed law retains present law. Present law also requires the commissioners to include precinct register corrections. Proposed law repeals present law. Present law requires the envelope to be marked "Put in Voting Machine" and placed in or attach to a voting machine that envelope and the sealed precinct register. Proposed law repeals present law and instead requires the envelope to be marked "Secretary of State's Envelope". Additionally requires the commissioners to include a copy of each completed notation of irregularities form. Present law (R.S. 18:572) provides procedures to be followed by the commissioner-in-charge following the termination of voting. Requires the commissioner-in-charge to mail certain documentation to the secretary of state and to deliver certain items to the clerk of court. Provides a deadline for completing the required procedures. Proposed law retains present law. Present law specifies documents to be mailed to the secretary of state. Proposed law instead requires the commissioner-in-charge to mail to the secretary of state the envelope marked "Secretary of State's Envelope". Present law requires the commissioner-in-charge to deliver to the clerk of court the original machine certificates and all election result cartridges. Proposed law retains present law. Proposed law makes the following changes relative to other items required to be delivered: (1)Instead of the keys to the voting machines, proposed law requires the completed and signed key envelope for the voting machines to be delivered. (2)Instead of the original of the signed list of commissioners, proposed law requires the affidavit of payroll and nondisclosure for the commissioners to be delivered. (3)Instead of a copy of the final result tally sheets, proposed law requires the official election results report from the voting machines to be delivered. Proposed law additionally provides that the following shall be delivered by the commissioner-in- charge to the clerk of court: (1)A copy of each completed notation of irregularities form. (2)For a federal election, the return provisional ballot envelope containing all voted provisional ballots and unused provisional ballots and envelopes. Proposed law specifies that the items shall be delivered to the clerk of court in a clear plastic zipper bag. Present law provides that upon receipt of the items, the clerk of court shall affix the time of receipt upon the election documents which contain election results. Requires the clerk of court to make a copy of the election results available to the press and public. Proposed law retains present law and additionally provides that for a federal election, the clerk of court shall deliver to the registrar of voters the return provisional ballot envelope containing all voted provisional ballots not later than 8:30 a.m. on the first business day following the election. Present law (R.S. 18:573) provides procedures for opening and relocking voting machines and verifying election results after the election. Proposed law retains present law. Specifies that present law applies to election day voting machines. Present law requires the clerk of court to verify the total votes cast for each candidate and the total votes cast for and against each proposition as shown on the voting machines or voting machine election result sheets and the total number of absentee by mail and early voting votes cast for each candidate and the total number of absentee by mail and early voting votes cast for and against each proposition as shown by the final absentee by mail and early voting report filed with the clerk by the parish board of election supervisors. Proposed law retains present law. Present law provides that the machine votes cast shall be shown separately by each precinct, and the absentee by mail and early voting votes cast shall be shown as the total number of votes cast for each candidate and the total number of votes cast for and against each proposition. Proposed law provides that the absentee by mail and early voting votes cast for each candidate and the total number of absentee by mail and early voting votes cast for and against each proposition as shown by the final absentee by mail and early voting report filed with the clerk of court by the parish board of election supervisors on election night shall be shown separately from the precinct totals as the final absentee vote report with the total number of votes cast for each candidate and the total number of votes cast for and against each proposition. Otherwise retains present law. Present law provides that at the opening of the voting machines, the sealed precinct registers shall be immediately returned to the registrar of voters. Upon receipt of the sealed precinct registers, requires the registrar to remove any attached duplicate record of challenges of voters made during the election and any address confirmation cards. Proposed law retains present law. Present law also requires the registrar to remove any duplicate voters' affidavits. Proposed law repeals present law. Additionally requires the registrar to remove any precinct register correction affidavits, any physical disability affidavits, any physicians certificates, any copies of disability documentation, and any completed voter registration applications. Present law requires the registrar to proceed to determine if each voter submitting an affidavit attesting that he is a qualified registered voter is in fact a registered voter qualified to vote in the election. Proposed law retains present law and provides that the registrar make his determination by comparing the information provided by the voter with the information on file in the registrar's office and by reasonably comparing the signature on the affidavit with any signature on file for the voter in the registrar's office. Present law provides that if the registrar determines that any person who has voted in the election by virtue of his submission of such an affidavit was not a registered voter qualified to vote in the election, the registrar shall so inform the district attorney and shall transmit to him the affidavit of that person. Proposed law requires the registrar to inform the elections compliance unit and send the affidavit to it, instead of the district attorney. Proposed law additionally requires the registrar to scan the address confirmation card, voter identification affidavit, disability documentation, or voter registration application and add it to the voter's record in the state voter registration computer system after processing. Present law (R.S. 18:574) provides procedures for the compilation and promulgation of election returns. Requires the parish board of election supervisors or selected members of the board to meet and observe the verification of the votes by the clerk of court. Requires the board to prepare two compiled statements of the election returns showing the machine votes for each candidate and for and against each proposition in each precinct, the total absentee by mail and early voting votes for each candidate and for and against each proposition in the parish, the total provisional votes for each candidate for federal office, and the total of all votes for each candidate and for and against each proposition in the parish. Present law provides that the parish board may attach to the compiled statements a notation of any irregularities observed with respect to certain specified issues. Proposed law provides that this notation must be done by executing in triplicate a notation of irregularities form prepared by the secretary of state. Present law provides that the parish board shall complete the compilation of the election returns and file one copy of the compiled statement with the clerk of court no later than 4:00 p.m. on the fourth day after the election. Provides that one copy of the compiled statement shall be postmarked no later than 12:00 noon on the fifth day after the election and mailed to the secretary of state. Requires the clerk of court to transmit the election returns as shown by the compiled statement from the parish board of election supervisors to the secretary of state no later than 12:00 noon on the fifth day after the election. Provides that in a parish containing a municipality with a population of 300,000 or more, the parish board of election supervisors shall transmit the election returns as shown by their compiled statement to the secretary of state no later than 12:00 noon on the fifth day after the election. Provides that failure to comply with these time limits shall not void the election. Proposed law adds one day to each of the present law deadlines. Otherwise retains present law. Present law requires the secretary of state to compile the results of the election for all candidates, proposed constitutional amendments, and recall elections based upon the compilation of the votes transmitted to him by the clerks of court from the compiled statements by the parish boards of election supervisors. Provides that in a parish containing a municipality with a population of 300,000 or more, the secretary of state shall compile the results of the election for all candidates, proposed constitutional amendments, and recall elections based upon the compilation of the votes transmitted to him by the parish board of election supervisors. Requires the compilation to be completed and the results to be announced not later than 12:00 noon on the sixth day after the election. Proposed law changes the deadline for compiling and announcing the results from the sixth day after the election to the seventh day after the election. Specifies that announcement of the results is on the secretary of state's website. Additionally requires the secretary of state to verify the results no later than 12:00 noon on the seventh day after the election. Otherwise retains present law. Present law provides that on or before the 12th day after the primary or general election, if no action has been timely filed contesting the election to the office of a state candidate, the secretary of state shall promulgate the returns for state candidates, proposed constitutional amendments, and recall elections by publishing in the official journal of the state the names of the state candidates for each office in the election, the text of the proposed constitutional amendment, and recall elections and the number of votes received by each such candidate, proposed constitutional amendment, and recall elections as shown by the returns transmitted by the clerks of court from the compiled statements by the parish boards of election supervisors. Provides that in a parish containing a municipality with a population of 300,000 or more, the promulgation shall be from the returns transmitted by the parish board of election supervisors. Provides that on or before the 12th day after the primary or general election, if no action has been timely filed contesting the election to office of a candidate other than a state candidate, the secretary of state shall promulgate the returns for the election for candidates other than state candidates by transmitting to the clerk of court for the parish wherein the state capital is located a notice containing the results of the elections for candidates other than state candidates. Requires the clerk of court to post this notice in a prominent place in his office. Proposed law changes the deadline for promulgation of the election returns from the 12th day after the election to the 14th day after the election. Otherwise retains present law. Present law provides for the delay of deadlines in certain situations because of holidays. Proposed law amends present law to account for the changes in the deadlines. Present law (R.S. 18:1303) authorizes and provides for voting absentee by mail. Specifies those persons who may vote absentee by mail, including a member of the U.S. service; a student, instructor, or professor at an institution of higher learning outside of the parish of registration; members of the clergy assigned to a religious post outside of the parish in which he is registered to vote; a person who expects to be temporarily outside of the parish in which he is registered to vote during the early voting period and on election day; sequestered jury members; certain hospitalized persons; certain persons with disabilities; incarcerated persons; and persons over the age of sixty- five. Proposed law retains present law. Adds the following to the list of persons entitled to vote absentee by mail: (1)The secretary of state or an employee of the secretary of state who is a qualified voter and who submits to the registrar of voters of the parish where he is registered to vote a copy of a state employee identification card. (2)An employee of the registrar of voters who is a qualified voter registered to vote in a parish other than his parish of employment and who submits to the registrar of voters of the parish where he is registered to vote a copy of an identification card showing employment with the registrar of voters. Present law (R.S. 18:1333) provides relative to the nursing home early voting program. Provides procedures and requirements for the registrar to go to each nursing home in the parish wherein reside voters who are eligible to vote pursuant to present law. Requires the registrar to have in his possession voting materials and supplies. Proposed law retains present law. Present law specifies that the registrar must use a portable metal box with a slot to hold absentee by mail ballots. Requires the registrar to lock the box before he removes it from his office. Proposed law requires the registrar to have a portable container, instead of specifying that it be a metal box, and requires the container to include a lock. Otherwise retains present law. Present law requires the registrar to retain the keys to the box in his office. Proposed law repeals present law. Present law requires the registrar upon returning to his office to follow procedures for posting the name of the voter and other procedures required by present law (R.S. 18:1311). Proposed law retains present law. Present law additionally requires the registrar to post the ward and precinct of the voter. Proposed law repeals present law. Present law (R.S. 18:1355) requires voting machines to be constructed and equipped to allow and to prevent certain voting actions and to contain certain security features. Proposed law retains present law. Additionally provides that a voting machine may be constructed and equipped to have a voter verification mechanism. Proposed law removes references to provisions of the constitution held to be invalid (Art. I, ยง10(B)) and relative to challenges to candidacy, changes those references to the present law (R.S. 18:451) provisions relative to qualifications of candidates. Proposed law makes other technical changes. Provisions of proposed law become effective upon signature of the governor, August 1, 2018, or January 1, 2019. (Amends R.S. 18:3(A)(3), 23(A)(8), 423(C)(2), 433(A)(5), 463(A)(2)(a)(iii), 464(B)(3), 467(3), 495(A) and (E), 533(D) and (E), 553, 562(B), 563(C) and (D)(1), 566(A) and (C), 571(A)(3) through (10), 572(A), 573(A)(2) and (3), (B), (C), and (E)(1) and (3), 574(A)(3) and (B), (D)(1), (E), and (F), 1333(F)(2) and (G)(6)(b), 1354(B)(5), 1355, and 1361(A); Adds R.S. 18:23(E)(3), 571(A)(11), 573(E)(4), and 1303(K) and (L); Repeals R.S. 18:514) Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on House and Governmental Affairs to the original bill: 1. Remove provisions of present law relative to the nursing home early voting program that require the registrar to post the ward and precinct of each voter. 2. Require Certificate No. 1 to also include the number shown on the public counter on each voting machine. 3. Make technical changes. The House Floor Amendments to the engrossed bill: 1. Remove provisions of proposed law relative to early voter and absentee by mail lists prepared by the registrar of voters.