The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Matt DeVille.
DIGEST
SB 20 Engrossed 2020 Second Extraordinary Session Hewitt
Proposed law creates the Emergency Election Commission within the Department of State; provides
for its membership, meetings, quorum requirements, compensation policy, and domicile.
Present law provides that after the issuance of an executive order by the governor declaring a state
of emergency and if the secretary of state determines that such emergency impairs an election that
may otherwise be held except for technical, mechanical, or logistical problems with respect to the
relocation or consolidation of polling places within the parish, potential shortages of commissioners
and absentee commissioners, or shortages of voting machines, the secretary of state shall certify such
facts and the reasons therefor to the governor, the Committee on Senate and Governmental Affairs,
and the Committee on House and Governmental Affairs.
Proposed law provides that after the issuance of an executive order by the governor declaring a state
of emergency and if the secretary of state determines that such emergency impairs an election that
may otherwise be held except for technical, mechanical, or logistical problems with respect to the
relocation or consolidation of polling places within the parish, potential shortages of commissioners
and absentee commissioners, or shortages of voting machines, the secretary of state shall certify such
facts and the reasons therefor to the governor and the Emergency Election Commission.
Present law provides that if the governor and a majority of the members of each committee concur
that such an emergency plan is necessary, the secretary of state shall develop an emergency plan to
address the logistical problems created by the emergency.
Proposed law provides that if the Emergency Election Commission concurs that such an emergency
plan is necessary, the secretary of state shall develop an emergency plan to address the logistical
problems created by the emergency.
Present law provides that if the governor, Senate and Governmental Affairs Committee, and House
and Government Affairs committee have certified the emergency, the secretary of state will develop
and present a plan to the governor, Senate and Governmental Affairs Committee, and House and
Governmental Affairs Committee for their approval.
Proposed law provides that once the Emergency Election Commission has certified the emergency,
the secretary of state will develop and present a plan to the commission for their approval and that
the secretary may present multiple plans at any meeting.
Present law provides that upon approval by a majority of the members of the Senate and
Governmental Affairs Committee and House and Governmental Affairs Committee, the emergency
election plan will be sent to members of each house of the legislature for approval by mail ballot. Proposed law provides that upon approval by the Emergency Election Commission, the emergency
election plan will be sent to members of each house of the legislature for approval by mail ballot.
Present law provides that upon approval by a majority of the members of each house of the
legislature and the governor, the secretary of state will take all steps necessary to implement the plan.
Proposed law provides that upon approval by a majority of the members of each house of the
legislature, the secretary of state will take all steps necessary to implement the plan.
Present law provides that a copy of the roll call votes of the Senate and Governmental Affairs
Committee and the House and Governmental Affairs Committee on the approval of the emergency
plan will be included in the mail ballots sent to members of both houses of the legislature and that
the ballots must be returned to the secretary of the Senate or clerk of the House of Representatives
within fifteen days of the postmarked date if the legislature is not in session or within five days after
the date of delivery to members if the legislature is in session.
Proposed law provides that a copy of the roll call vote of the Emergency Election Commission on
the approval of the emergency plan will be included in the mail ballots sent to members of both
houses of the legislature and that the ballots must be returned to the secretary of the Senate or clerk
of the House of Representatives within fifteen days of the postmarked date if the legislature is not
in session or within five days after the date of delivery to members if the legislature is in session
unless the emergency is declared within sixty days prior to the date of the election, whereupon the
commission may elect to require the ballots returned within five days of being postmarked if the
legislature is not in session.
Effective January 1, 2021.
(Amends R.S. 18:401.3(B)(1), (C), (D)(2)(a)(iii), (3), and (4); adds R.S. 18:401.4 and R.S.
36:744(EE))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and Governmental
Affairs to the original bill
1. Technical amendment