RDCSB20 362 657
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)]
SB 20 Reengrossed 2020 Second Extraordinary Session Hewitt
Present law provides that if the secretary of state determines that an emergency declared by
the governor impairs an election that could be held except for technical, mechanical, or
logistical problems with respect to the relocation or consolidation of polling places and
potential shortages of commissioners or 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 adds other impairments that affect participation in or the integrity of the electoral
process to the impairments that the secretary shall consider and certify to the governor and
the committees.
Present law provides that if the governor and a majority of the members of each committee
concur that an emergency plan is necessary, the secretary of state shall develop an
emergency plan to address the impairments. Present law is applicable to the additional
impairments added by proposed law.
Proposed law additionally requires the committees to meet within 10 days following the
secretary of state's certification and requires the committees to meet and function as a joint
committee.
Present law authorizes the secretary of state to include in the plan a proposal to conduct early
voting. Proposed law retains present law.
Present law limits the locations of such early voting to the offices of the registrars and
provides for conducting early voting in accordance with present law. Proposed law removes
these limitations and provides for such early voting at times and locations that are accessible
to affected voters.
Present law requires the secretary of state to present the plan to the governor, Senate and
Governmental Affairs Committee, and House and Governmental Affairs Committee for their
approval.
Proposed law specifically authorizes the secretary of state to present alternative plans at the
same time and also authorizes the secretary to present the plan or plans at the same time as
the certification. Further requires the joint committee to meet no later than 10 days
following receipt of the plan and requires the joint committee to send notice of each meeting
held pursuant to proposed law to the governor and provides that the governor or his designee
may attend and provide recommendations regarding the emergency plan. Proposed law
further specifically provides that the secretary of state may incorporate changes suggested
and approved by the joint committee.
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 shall be sent to members of each house of the legislature for
approval by mail ballot. Proposed law retains present law but removes the requirement that
the ballot be a "mail" ballot.
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 and the plan shall be included in the notice sent with the ballots 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 a certain time period.
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Proposed law retains present law but removes provisions specifically related to mailing
ballots and different time periods for voting and deadlines for return of ballots dependent
upon whether the legislature is in session or not. Proposed law provides for procedures for
transmittal of the ballot by the secretary of the Senate or clerk of the House of
Representatives using the most efficient medium available and for them to devise a method
for a member to validate his ballot. Proposed law provides that the ballots shall be returned
no later than the fifth business day after transmittal, allows a member to withdraw his ballot
or change his vote prior to the deadline, and provides that the secretary of the Senate and
clerk of the House shall tabulate the votes on the next business day after the deadline.
Proposed law further requires the governor to approve or veto the plan no later than five days
after he receives the certified tabulation sheet. Requires the governor to send approval
message to the secretary of state and the chairs of the governmental affairs committees.
Requires the governor to immediately send veto message to the secretary of the Senate and
clerk of the House who shall immediately transmit a ballot to each member of the legislature
phrased to allow member to vote for or against overriding the veto using the same
procedures and deadlines provided in proposed law above.
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 shall take all steps necessary to implement
the plan. Proposed law retains present law and further provides that if two-thirds of the
elected members of each house of the legislature vote to override the governor's veto, the
secretary of state shall take all steps necessary to implement plan.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 18:401.3)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and
Governmental Affairs to the original bill
1. Technical amendment.
Senate Floor Amendments to engrossed bill
1. Makes technical amendments.
2. Provides that if the emergency is declared within 60 days prior to the date of
the election when the legislature is not in session, the commission may
require the ballot be returned within five days.
3. Requires the secretary of the Senate and the clerk of the House of
Representatives to utilize any method necessary to deliver the ballots and to
keep a record of the manner of delivery utilized to deliver the ballot to each
member and the date the ballot was transmitted to each member.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the reengrossed bill:
1. Remove all provisions for the membership, meetings, quorum requirements, and
powers and procedures relative to the proposed Emergency Election
Commission. Restore present law regarding approval by the legislative
committees and the governor.
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2. Make changes relative to the issues that may be addressed by an emergency plan,
and authorize the secretary of state to submit alternative plans and to incorporate
changes suggested and approved the joint committee.
3. Require the governmental affairs committees to meet jointly and to send the
governor notice of meetings.
4. Require the governor to either approve or veto the plan no later than five days
after receipt of tabulation sheet of legislative vote and authorize the legislature
to override the veto by a two-thirds vote.
5. Change the method and deadlines for the ballot transmitted to the legislature for
approval of plan and provide that same method and deadlines are to be used for
override of gubernatorial veto of the plan.
6. Change effective date from Jan. 1, 2021, to upon signature of the governor.
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