HLS 20RS-975 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 486
BY REPRESENTATIVE GREGORY MILLER
VOTERS/VOTING: Provides standards for the counting and tabulation of irregularly
marked paper ballots
1 AN ACT
2To amend and reenact R.S. 18:1316, relative to paper ballots in elections; to provide relative
3 to identifying a voter's intent in marking a ballot; and to provide for related matters.
4Be it enacted by the Legislature of Louisiana:
5 Section 1. R.S. 18:1316 is hereby amended and reenacted to read as follows:
6 ยง1316. Rejection of ballot having distinguishing or irregular marks
7 A. Any ballot with a distinguishing mark or feature making the ballot
8 susceptible of identification shall be rejected if at least a majority of the members of
9 the board determine that the distinguishing mark was made by action of the voter.
10 The marking of the ballot by the voter in such manner that a portion of an authorized
11 mark to indicate a vote inadvertently extends outside the box in which it is to be
12 placed shall not be sufficient cause to reject the ballot. Any ballot containing a
13 combination of authorized marks and any ballot marked by a mark or an instrument
14 other than as instructed on the ballot shall be considered as susceptible of
15 identification and shall be rejected by the board.
16 B.(1) Notwithstanding any other provision of this Chapter, failure to mark
17 a ballot in strict conformity with the provisions of this Chapter does not invalidate
18 the ballot.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-975 ORIGINAL
HB NO. 486
1 (2) A vote for a candidate or proposition shall be counted if the voter's intent
2 is clearly ascertainable. The intent of the voter in marking a ballot may be
3 determined by:
4 (a) A distinguishing mark adjacent to the name or number of a candidate or
5 political party or a voting choice associated with a proposition.
6 (b) An oval, box, or similar marking clearly drawn around the name of a
7 candidate or political party or a voting choice associated with a proposition.
8 (c) A line drawn through:
9 (i) The names of each candidate in a manner that indicates a preference for
10 the candidates not marked if the names of the number of candidates not marked do
11 not exceed the number of persons that may be elected to that office.
12 (ii) The name of each political party except one in a manner that clearly
13 indicates a preference for the political party not marked.
14 (iii) A voting choice associated with a proposition in a manner that clearly
15 indicates a preference for the other voting choice associated with the proposition.
16 (d) Any other evidence that clearly indicates the intent of the voter in
17 choosing a candidate, political party, or voting choice associated with a proposition.
18 B.C. A ballot transmitted by facsimile shall not be considered as having
19 distinguishing or irregular marks.
20 C.D. A ballot transmitted electronically to a member of the United States
21 Service, as defined in R.S. 18:1302, or a person residing outside the United States
22 shall not be considered as having distinguishing or irregular marks.
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 486 Original 2020 Regular Session Gregory Miller
Abstract: Provides for the method of determining voter intent in marking a paper ballot.
Present law requires a paper ballot to be marked in conformity with the instructions provided
on such ballot. Requires rejection of a ballot that has marks or features that make it
susceptible to identification.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-975 ORIGINAL
HB NO. 486
Proposed law provides that a paper ballot not marked in conformity with the law shall not
be rejected if the intent of the voter can be determined.
Proposed law provides that the voter's intent may be determined by a distinguishing mark
adjacent to a choice, an oval or similar marking clearly drawn around a choice, a line drawn
through the choices not favored, or any other evidence that clearly indicates the intent of the
voter.
(Amends R.S. 18:1316)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.