SLS 19RS-61 ORIGINAL
2019 Regular Session
SENATE BILL NO. 58
BY SENATOR CARTER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
VOTERS/VOTING. Provides for automatic voter registration by making an application for
issuance or renewal of a driver's license or state identification card. (1/1/20)
1 AN ACT
2 To amend and reenact R.S. 18:114(B)(1), (E), and (F) and to repeal R.S. 18:114(J), relative
3 to voter registration; to provide for voter registration through driver's license
4 facilities; to provide procedures and requirements for voter registration through
5 driver's license facilities; to provide procedures and requirements for application to
6 obtain, renew, or change the name or address on a driver's license or identification
7 card issued by the Department of Public Safety and Corrections; to provide relative
8 to the powers, functions, and duties of the deputy secretary for public safety services
9 of the Department of Public Safety and Corrections, employees of driver's license
10 facilities, the secretary of state, and registrars of voters; to provide for criminal
11 penalties; and to provide for related matters.
12 Be it enacted by the Legislature of Louisiana:
13 Section 1. R.S. 18:114(B)(1), (E), and (F) are hereby amended and reenacted to read
14 as follows:
15 ยง114. Registration at driver's license facilities
16 * * *
17 B.(1) Each application to obtain, renew, or change the name or address on a
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1 driver's license or identification card issued by the Department of Public Safety and
2 Corrections made by an applicant who is eighteen years or older shall also serve as
3 an application for voter registration by the applicant unless the applicant declines to
4 register to vote through specific declination or by failing to sign the voter registration
5 application. Each application to obtain a driver's license issued by the Department
6 of Public Safety and Corrections made by an applicant who is sixteen years old shall
7 also serve as an application for voter registration by the applicant unless the
8 applicant declines to register to vote through specific declination or by failing to sign
9 the voter registration application. In addition, any person age seventeen may register
10 to vote at any time prior to the first election at which he shall have attained the age
11 of eighteen years. However, no one under the age of eighteen years shall be
12 permitted to vote in any election.
13 * * *
14 E. The secretary of state and the deputy secretary for public safety services
15 of the Department of Public Safety and Corrections shall develop voter registration
16 an application forms form for use at driver's license facilities. Such forms shall be
17 in conformity with the National Voter Registration Act of 1993 which shall include
18 spaces for all of the information necessary to apply to obtain, renew, or change
19 the name or address on a driver's license or identification card, to decline voter
20 registration, and the minimum information necessary to register to vote.
21 F. Procedures for voter registration pursuant to this Section shall be as
22 follows:
23 (1) The notice form, as provided for in Subsection D of this Section, shall be
24 posted in a prominent place in each driver's license facility wherein voter registration
25 applications are to be accepted.
26 (2) Any employee authorized to accept an application to obtain, renew, or
27 change the name or address on a driver's license or identification card shall offer
28 voter registration to any person making such an application, shall obtain written and
29 signed confirmation of any declination of the offer of voter registration, and, upon
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1 request, shall provide assistance to any person who desires to register to vote. Such
2 assistance may consist of answering any question that person might have about
3 completing the registration application form. However, if the person requesting
4 assistance has a physical disability or is unable to read or write English, the
5 authorized employee shall provide such assistance as is allowed to be provided by
6 registrars of voters under the provisions of R.S. 18:106.
7 (3) Prior to generating the portion of the form which is an individual
8 registration form, the authorized employee shall require the applicant to submit his
9 current Louisiana driver's license, if he has one, or his birth certificate or birth
10 certification card, or other documentation which reasonably and sufficiently
11 establishes the applicant's identity, age, and residency.
12 (4) Each applicant shall be required to complete the registration application
13 form in the presence of an authorized employee.
14 (5) (4) Upon completion of the registration application form, the applicant
15 shall return the form to an authorized employee.
16 (6) (5) The authorized employee shall ensure that the registration form has
17 been completely filled out.
18 (7) (6) The applicant shall sign the affidavit provision of the registration form
19 before the authorized employee who, for purposes of this Section, shall be authorized
20 to administer any oath required on the registration form. The If the applicant has
21 not yet declined voter registration, the authorized employee shall inform the
22 applicant that he will not be officially registered to vote until the application
23 applicant's information is received and approved by the registrar of voters.
24 (8) (7) Upon completion of these procedures, the authorized employee shall,
25 within five working days, return the completed registration application to the
26 registrar of voters within the parish where the office is located who shall transmit
27 such application to the appropriate registrar of voters for the parish in which the
28 applicant resides, as determined from the information contained on the registration
29 application. If a registration application is accepted within five days before the last
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1 day for registration, each driver's license facility shall transmit the completed voter
2 registration application forms at the conclusion of each business day. The deputy
3 secretary for public safety services of the Department of Public Safety and
4 Corrections shall compile and transmit to the secretary of state, at least every
5 five days, information in electronic format concerning persons over the age of
6 sixteen who have been issued a driver's license or identification card by the
7 Department of Public Safety and Corrections or have renewed or changed the
8 name or address on such a driver's license or identification card and who did
9 not decline voter registration when making application for the issuance,
10 renewal, or change. The deputy secretary shall include the information, for each
11 person, that is necessary to register the person to vote, including the electronic
12 signature of the person.
13 (8)(a) The secretary of state shall provide voter registration information,
14 relative to a person that is received pursuant to Paragraph (7) of this
15 Subsection, to the registrar of voters for the parish in which the person may be
16 registered to vote.
17 (b) The secretary of state shall notify each person about whom voter
18 registration information is received pursuant to Paragraph (7) of this
19 Subsection how the person can indicate or change party affiliation, decline voter
20 registration, or decline to update an existing registration.
21 (9) If a person who is notified pursuant to Subparagraph (8)(b) of this
22 Subsection does not decline voter registration or decline to update an existing
23 registration within twenty-one calendar days after the secretary of state issued
24 the notification, the voter registration information received pursuant to
25 Paragraph (7) of this Subsection for the person shall constitute a voter
26 registration application for purposes of this Code or an update to an existing
27 registration if the person is already registered to vote.
28 (10) If the voter registration information contained on the application form
29 received by the registrar is insufficient to register the applicant, the registrar of
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1 voters shall mail a notice to the applicant at the address provided on the application
2 form informing the applicant that he has ten days from the date on which the notice
3 was mailed to provide the necessary information. If the applicant fails to provide the
4 necessary information within that time, the applicant shall not be registered and the
5 registrar shall so advise the applicant.
6 (9) (11)(a) Upon receipt of the completed registration form, the registrar
7 shall, if If the voter registration information thereon received by the registrar
8 establishes that the applicant meets the requirements for registration, and the
9 applicant is not already registered, the registrar shall register the applicant and
10 mail notice of registration to the applicant's residence, as provided on the application
11 in accordance with R.S. 18:109.
12 (b) Any completed voter registration application If the applicant is already
13 registered, the voter registration information transmitted to and received by a the
14 registrar by a driver's license facility pursuant to Paragraph (7) of this Subsection
15 shall be considered an update of any the existing registration for that person. The
16 registrar shall update the person's registration as necessary and mail notice to
17 the person's residence in accordance with R.S. 18:109.
18 (c) However, if a registrar accepts any application for receives voter
19 registration information pursuant to Paragraph (7) of this Subsection for a
20 registration, change of name, or change of address that has been received by a
21 driver's license facility while the registration records are closed for a particular
22 election as required by R.S. 18:135(A), none of the changes in a registration shall be
23 effective until at least the day after the particular election has been held. In the case
24 of a change of address, the change shall be effective in accordance with the
25 provisions of R.S. 18:110(B).
26 * * *
27 Section 2. R.S. 18:114(J) is hereby repealed in its entirety.
28 Section 3. This Act shall become effective on January 1, 2020.
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Margaret M. Corley.
DIGEST
SB 58 Original 2019 Regular Session Carter
Present law requires voter registration services to be available at all driver's license facilities
in the state. Provides that each application to obtain, renew, or change the name or address
on a driver's license or identification card issued by the Dept. of Public Safety and
Corrections made by an applicant who is 18 years or older will also serve as an application
for voter registration by the applicant unless the applicant declines to register to vote through
specific declination. Provides that each application to obtain a driver's license issued by the
Dept. of Public Safety and Corrections made by an applicant who is 16 years old will also
serve as an application for voter registration by the applicant unless the applicant declines
to register to vote through specific declination. Provides that any person age 17 may register
to vote at any time prior to the first election at which he will have attained the age of 18
years. Prohibits anyone under the age of 18 from voting in any election.
Present law requires the secretary of state to design and provide a standard notice informing
the public of the eligibility requirements for and availability of voter registration and
requires the notice to be posted in each driver's license facility of the state.
Proposed law retains present law.
Present law provides that an application to obtain, renew, or change the name or address on
a driver's license or identification card by an applicant who is 18 years or older, or an
application to obtain a driver's license by a person who is 16 years old will not be considered
an application for voter registration if the applicant fails to sign the voter registration
application.
Proposed law repeals present law.
Present law requires the secretary of state and the deputy secretary for public safety services
of the Dept. of Public Safety and Corrections to develop application forms for use at driver's
license facilities.
Proposed law retains present law.
Present law requires the development of voter registration application forms and requires
such forms to be in conformity with the National Voter Registration Act of 1993.
Proposed law repeals present law. Requires the development of an application form that
includes spaces for all of the information necessary to apply for a driver's license or
identification card, to decline voter registration, and the minimum information necessary to
register to vote.
Present law provides that any employee authorized to accept an application to obtain, renew,
or change the name or address on a driver's license or identification card will offer voter
registration to any person making such an application and, upon request, will provide
assistance to any person who desires to register to vote. Provides that such assistance may
consist of answering any question that person might have about completing the registration
application form. Provides, however, if the person requesting assistance has a physical
disability or is unable to read or write English, the authorized employee will provide such
assistance as is allowed to be provided by registrars of voters under the provisions of present
law.
Proposed law repeals references to "registration application form" and refers instead to "the
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application form". Otherwise retains present law.
Present law provides that prior to generating the portion of the form which is an individual
registration form, the authorized employee will require the applicant to submit his current
La. driver's license, if he has one, or his birth certificate or birth certification card, or other
documentation which reasonably and sufficiently establishes the applicant's identity, age,
and residency.
Proposed law repeals present law.
Present law requires each applicant to complete the registration application form in the
presence of an authorized employee. Provides that upon completion of the registration
application form, the applicant will return the form to an authorized employee. Requires the
authorized employee to ensure that the registration form has been completely filled out.
Proposed law repeals references to "registration application form" and "registration form"
and refers instead to "the application form". Otherwise retains present law.
Present law requires the applicant to sign the affidavit provision of the registration form
before the authorized employee who will be authorized to administer any oath required on
the registration form.
Proposed law repeals present law.
Present law requires the authorized employee to inform the applicant that he will not be
officially registered to vote until approved by the registrar of voters.
Proposed law retains present law.
Present law provides that the authorized employee will, within five working days, return the
completed registration application to the registrar of voters within the parish where the office
is located who will transmit such application to the appropriate registrar of voters for the
parish in which the applicant resides, as determined from the information contained on the
registration application. Provides that if a registration application is accepted within five
days before the last day for registration, each driver's license facility will transmit the
completed voter registration application forms at the conclusion of each business day.
Proposed law repeals present law.
Proposed law provides that the deputy secretary for public safety services of the Dept. of
Public Safety and Corrections will compile and transmit to the secretary of state at least
every five days information in electronic format concerning persons over the age of 16 who
have been issued a driver's license or identification card by the Dept. of Public Safety and
Corrections or have renewed or changed the name or address on such a driver's license or
identification card and who did not decline voter registration when making application for
the issuance, renewal, or change. The deputy secretary will include the information for each
person that is necessary to register the person to vote, including the electronic signature of
the person.
Proposed law provides that the secretary of state will provide voter registration information
relative to a person that is received pursuant to proposed law to the registrar of voters for the
parish in which the person may be registered to vote. Requires the secretary of state to notify
each person about whom voter registration information is received pursuant to proposed law
how the person can indicate or change party affiliation or decline voter registration or
decline to update an existing registration.
Proposed law provides that if a person who is notified by the secretary of state does not
decline voter registration or decline to update an existing registration within 21 calendar
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days after the secretary of state issued the notification, the voter registration information
received pursuant to proposed law for the person will constitute a voter registration
application for purposes of present law or an update to an existing registration if the person
is already registered to vote.
Present law provides that if the voter registration information is insufficient to register the
applicant, the registrar of voters will mail a notice to the applicant at the address provided
on the application form informing the applicant that he has 10 days from the date on which
the notice was mailed to provide the necessary information. Provides that if the applicant
fails to provide the necessary information within that time, the applicant will not be
registered and the registrar will so advise the applicant.
Proposed law retains present law.
Present law provides that if the voter registration information received by the registrar
establishes that the applicant meets the requirements for registration, the registrar will
register the applicant and mail notice of registration to the applicant's residence.
Proposed law retains present law and specifies that the applicant will be registered only if
he is not already registered. Specifies that the notice will be sent pursuant to present law.
Present law provides that any completed voter registration application transmitted to and
received by a registrar by a driver's license facility will be considered an update of any
existing registration for that person. Provides, however, that if a registrar accepts any
application for registration, change of name, or change of address that has been received by
a driver's license facility while the registration records are closed for a particular election as
required by present law, none of the changes in a registration will be effective until at least
the day after the particular election has been held. Provides that in the case of a change of
address, the change will be effective in accordance with the provisions of present law.
Proposed law replaces references to receipt of "registration applications" with receipt of
"voter registration information". Specifies that the voter registration information will be
considered an update if the person is already registered. Requires the registrar to update the
person's registration information as necessary and mail notice to the person's residence
pursuant to present law. Otherwise retains present law.
Present law provides that the transmittal of a change of address or change of name will be
handled in the same manner as the transmittal of a voter registration application.
Proposed law repeals present law.
Present law provides that no individual will be registered to vote pursuant to present law if
he does not meet the requirements for registration as provided in present law, except where
such provisions are specifically in conflict with present law.
Present law provides that any public official or employee who attempts to register any
person without complying with the applicable provisions of present law will be subject to
a fine of not more than $500 or be imprisoned for not more than six months, or both.
Present law provides that the secretary of state, after consultation with the deputy secretary
for public safety services of the Dept. of Public Safety and Corrections, will adopt rules and
regulations to provide for the implementation of this present law. Provides that such rules
and regulations will be adopted in accordance with present law (Administrative Procedure
Act) and will be subject to oversight by the Senate Committee on Senate and Governmental
Affairs and the House Committee on House and Governmental Affairs.
Proposed law retains present law and makes present law applicable to proposed law.
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Present law provides that if an applicant declines to register to vote, the fact that the
applicant has declined to register will remain confidential and will be used only for voter
registration purposes. Provides that the fact that any particular applicant has submitted an
application to register to vote at a driver's license facility will be kept confidential and will
be used only for voter registration purposes.
Present law provides that each driver's license facility will maintain such statistical records
on the number of applications to register to vote as requested by the secretary of state.
Proposed law retains present law.
Effective January 1, 2020.
(Amends R.S. 18:114(B)(1), (E), and (F); repeals R.S. 18:114(J))
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