HLS 20RS-458 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 751
BY REPRESENTATIVE DWIGHT
ELECTION CODE: Makes revisions to the Louisiana Election Code
1 AN ACT
2To amend and reenact R.S. 18:31(A), 104(C)(2), 106(B) and (C)(2)(a), 132(A),
3 154(C)(1)(f), 421(B), 435(A)(1)(b), 463(A)(1)(a) and (c), 532(C) and (D), 532.1(A),
4 (D)(1)(b)(i), and (F), 553(B)(5), 564(D)(1)(a)(i) and (2)(a)(i) and (b), 573(E)(1),
5 1303(I)(1)(c), 1307.1(B), 1309(B), (E)(1), and (K)(1), 1309.1, 1309.3(D)(1)(a)(i),
6 1373(A), 1400.3(D)(4) and (E)(4), 1402(A), 1406(D), 1461.7(A)(4), and 1945 and
7 to enact R.S. 18:113.1, 115(F)(2)(e) and 532.1(C)(4), relative to the Louisiana
8 Election Code; to revise the system of laws comprising the Louisiana Election Code;
9 to provide relative to elections procedures and requirements; to provide relative to
10 cybersecurity training; to provide relative to voter registration; to provide relative to
11 assistance in voting; to provide relative to location of registrar of voters office; to
12 provide relative to candidates for public office; to provide relative to voter's rights;
13 to provide relative to watchers; to provide for the content of the notice of candidacy;
14 to provide relative to the establishment of precincts; to provide relative to absentee
15 voting; to provide relative to early voting; to provide relative to certification of early
16 voting commissioners; to provide relative to the preparation of voting machines for
17 an election; to provide relative to extraordinary election expenses; to provide relative
18 to objecting to candidacy and contesting an election; to provide relative to
19 redistricting plans; to provide relative to compensation of commissioners; to provide
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1 relative to withdrawal of candidates; to provide relative to recount and reinspection;
2 and to provide for related matters.
3Be it enacted by the Legislature of Louisiana:
4 Section 1. R.S. 18:31(A), 106(B) and (C)(2)(a), 132(A), 154(C)(1)(f), 421(B),
5435(A)(1)(b), 463(A)(1)(c), 532(C) and (D), 532.1(A), (D)(1)(b)(i), and (F), 553(B)(5),
6564(D)(1)(a)(i) and (2)(a)(i) and (b), 573(E)(1), 1303(I)(1)(c), 1307.1(B), 1309(B) and
7(E)(1), 1309.1, 1309.3(D)(1)(a)(i), 1373(A), 1400.3(D)(4) and (E)(4), 1402(A), 1406(D),
81461.7(A)(4) and 1945 are hereby amended and reenacted and R.S. 18:113.1 and
9532.1(C)(4) are hereby enacted to read as follows:
10 §31. State voter registration computer system; parish computer system
11 A.(1) The secretary of state shall establish a state voter registration computer
12 system for the registration of voters throughout the state in accordance with the
13 provisions of this Title.
14 (2) The secretary of state shall prepare a minimum of one hour of training
15 on cybersecurity for all persons who have user credentials to access the computer
16 network operated or managed by the secretary of state. The secretary of state shall
17 require each such person to complete this training annually in order to maintain
18 credentialed access to the computer network.
19 * * *
20 §106. Physical disability; inability to write English; language minority groups;
21 execution of documents; assistance
22 * * *
23 B. If the person requesting assistance has a physical disability or is unable
24 to read or write English, the registrar or any person authorized to accept voter
25 registration applications shall assist the person by reading the documents to him and
26 by executing the documents by writing what the person dictates. If the applicant or
27 voter does not speak English adequately for such dictation, the dictation shall be
28 given and taken through an interpreter. If the applicant or voter is able to sign his
29 name to the document, he shall do so. If he is unable to sign his name, he shall sign
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1 with his mark in the presence of two witnesses a witness, who shall sign as witnesses
2 witness to his mark.
3 C.
4 * * *
5 (2) For purposes of this Subsection proof of disability means one of the
6 following:
7 (a) A certificate of a medical doctor, or optometrist, physician's assistant as
8 defined in R.S. 37:1360.22, or nurse practitioner as defined in R.S. 37:913 certifying
9 to the irremediable nature of the physical disability.
10 * * *
11 §113.1. Denial or cancellation of registration; correction of errors
12 If a person's registration was denied or cancelled and the registrar of voters
13 determines that the registration was not processed correctly or was cancelled through
14 an error of the registrar of voters, the registrar of voters shall process and approve
15 the registration or correct the error and reinstate the registration.
16 * * *
17 §132. Offices furnished registrar; supplies; expenses
18 A. Except as otherwise provided by law, the governing authority of each
19 parish shall furnish the office space required by law for the registrar and also shall
20 be responsible for the cost of all equipment and supplies, including all furniture,
21 books, stationery, and other expenses for the operation of each office necessary to
22 enable the registrar fully to discharge his duties. The parish governing authority
23 shall provide space for the registrar's principal office in the courthouse or in close
24 proximity thereto a public facility within the parish, and this office shall be
25 accessible and convenient to the residents of the parish. The space to be used for this
26 office shall be specifically designated by the parish governing authority, which shall
27 designate adequate space to enable the registrar to fully discharge his duties. No
28 other official or unit of government shall have authority to designate or allocate such
29 office space. Before the expenses are paid, the registrar shall furnish the head of the
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1 parish governing authority a budget of anticipated expenses for each succeeding
2 year.
3 * * *
4 §154. Records open to inspection; copying; exceptions
5 * * *
6 C.(1) Notwithstanding any provision of this Section to the contrary, the
7 registrar, the clerk of court, the Department of State, the office of motor vehicles of
8 the Department of Public Safety and Corrections and any entity that contracts with
9 the office, each voter registration agency and any entity that contracts with a voter
10 registration agency, and any person who handles the voter registration application
11 form of another person shall be prohibited from circulating on a commercial list or
12 otherwise disclosing the following:
13 * * *
14 (f) The electronic mail address of a registered voter, except a registered voter
15 who has qualified as a candidate for public office.
16 * * *
17 §421. Secretary of state; first assistant and other employees of the secretary of state
18 * * *
19 B. The secretary of state shall develop and print cards of instruction to the
20 voters' bill of rights posters for voters and commissioners, which shall not be
21 inconsistent with the constitution and laws of the United States or of this state and
22 which shall be approved by the attorney general.
23 * * *
24 §435. Watchers; appointment and commission
25 A.(1)
26 * * *
27 (b) In the case of a presidential election, each slate of candidates for
28 presidential elector is entitled to have one watcher at every precinct. The state
29 central committee of each recognized political party shall be responsible for filing
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1 the list of watchers for its slate of candidates for presidential elector, and the list of
2 watchers shall be signed by the chairman of the state central committee. The list of
3 watchers for an independent or other party a slate of candidates for presidential
4 elector who are not affiliated with a recognized political party shall be signed and
5 filed by any person so authorized by the presidential candidate supported by the slate
6 of electors. A letter of authorization from the presidential candidate, or from an
7 authorized agent of his campaign, shall accompany the list of watchers.
8 * * *
9 §463. Notice of candidacy; campaign finance disclosure; political advertising;
10 penalties
11 A.(1)
12 * * *
13 (c) When an agent files a notice of candidacy on behalf of a candidate, the
14 agent shall file with the qualifying official an affidavit with the signature of the
15 candidate attesting that the agent has the authorization and consent of the candidate
16 to file the notice.
17 * * *
18 §532. Establishment of precincts
19 * * *
20 C. Each parish governing authority shall provide and maintain at all times
21 geospacial shape files, if available, and a suitable printed map showing the current
22 geographical boundaries with designation of precincts, and a word correct, written
23 legal description of the precinct geographical boundaries. Each parish governing
24 authority shall send a copy of each map, with description attached, to the registrar
25 of voters and the secretary of state. The map may be composed of one or more
26 sheets but each sheet shall not exceed three feet by four feet. The map shall include
27 all existing roads, streets, railroad tracks, and drainage features but shall not include
28 underground utility lines, land use and zoning symbols or shadings, symbols for
29 vegetation cover, topographic contour lines, and similar items that obscure the basic
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1 street pattern and names. All features, names, titles, and symbols on the map shall
2 be clearly shown and legible. The map sheet of the entire parish shall be on a scale
3 of one inch equals one mile to one inch equals two miles. Map sheets of each
4 incorporated place within the parish shall be on a scale of one inch equals eight
5 hundred feet to one inch equals sixteen hundred feet. Each map sheet shall indicate
6 the date of the base map or the date of last revision. Wherever the boundaries of a
7 precinct or incorporated place are coterminous, they shall be clearly indicated as
8 such.
9 D. The parish governing authority shall also furnish to the registrar of voters
10 and secretary of state geospacial shape files, if available, and a printed map clearly
11 indicating the boundaries of each parish governing authority district, school board
12 district, special election district, representative district, and senate district, and a
13 correct, written legal description of the boundaries.
14 * * *
15 §532.1. Changing boundaries
16 A. The parish governing authority shall have authority, in accordance with
17 this Section, to change the configuration, boundaries, or designation of an election
18 precinct. Any change so determined shall be adopted by ordinance of the parish
19 governing authority. Within fifteen days after adoption of the ordinance, the parish
20 governing authority shall send to the secretary of state a certified copy of the
21 ordinance, a geospacial shape file, if available, and a printed copy of the map
22 showing the new precinct boundaries and designations together with a and a correct,
23 written legal description of such boundaries. The parish governing authority shall
24 comply with the provisions of R.S. 18:1941 when changing precinct boundaries.
25 * * *
26 C.
27 * * *
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1 (4) No precinct boundary change shall become effective for the election
2 unless the information required in this Subsection is received by the secretary of state
3 prior to 4:30 p.m. at least four weeks prior to the date the qualifying period opens.
4 * * *
5 D.(1)
6 * * *
7 (b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph to
8 the contrary, if the legislature has completed the reapportionment required by Article
9 III, Section 6 of the Constitution of Louisiana following the latest federal decennial
10 census and, if required, has received preclearance pursuant to the Voting Rights Act
11 of 1965, the parish governing authority may merge precincts upon the parish
12 governing authority's certifying in writing to the office of the secretary of state that
13 the parish governing authority and all school boards within the parish have
14 completed all redistricting that is required following the latest federal decennial
15 census, if required, have received preclearance pursuant to the Voting Rights Act of
16 1965, and have received written approval to merge the precincts from the office of
17 the secretary of state.
18 (i) A certified copy of the ordinance describing such precinct mergers, a
19 correct, written legal description of proposed new precinct boundaries, geospacial
20 shape files, if available, and a printed copy of a map clearly detailing the precinct
21 boundaries within the parish shall be sent to the secretary of the Senate, the clerk of
22 the House of Representatives, the secretary of state, the clerk of court, and the
23 registrar of voters of the parish within fifteen days after the adoption of the
24 ordinance.
25 * * *
26 F. Within fifteen days after the adoption of the ordinance as provided in this
27 Section, the parish governing authority shall send to the secretary of the Senate and
28 the clerk of the House of Representatives, the secretary of state, the clerk of court,
29 and the registrar of voters a certified copy of the ordinance, geospacial shape files,
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1 if available, and a printed copy of a map showing the new precinct boundaries
2 together with a and a correct, written legal description of such boundaries.
3 * * *
4 §553. Inspection and preparation of voting machines at polling places; precinct
5 registers and supplemental list
6 * * *
7 B. Inspection of the voting machines. After the commissioners take their
8 oath and before the time for opening the polls, the commissioners, in the presence
9 of the watchers, shall prepare the polling place for voting as follows:
10 * * *
11 (5) The commissioners shall post the instructions, voters' bill of rights and
12 informational posters, if required, the statement of proposed constitutional
13 amendments on the ballot, and a sample ballot in a conspicuous place at the principal
14 entrance to the polling place, where they shall remain posted throughout the election
15 day.
16 * * *
17 §564. Assistance in voting on election day
18 * * *
19 D.(1)(a) Prior to receiving assistance pursuant to this Section due to a
20 disability, including visual impairment, the voter shall file with the registrar in
21 person or by mail a statement setting forth the necessity and reasons for this
22 assistance and shall furnish the registrar one of the following:
23 (i) A certificate of a medical doctor, or optometrist, physician's assistant as
24 defined in R.S. 37:1360.22, or nurse practitioner as defined in R.S. 37:913 certifying
25 to the irremediable nature of the physical disability as proof of disability.
26 * * *
27 (2)(a) A voter shall also be entitled to assistance without having filed with
28 the registrar a statement setting forth the necessity and reasons for this assistance if,
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1 on election day, the voter presents to the commissioner-in-charge one of the
2 following as proof of disability:
3 (i) A physician's certificate of a physician, optometrist, physician's assistant
4 as defined in R.S. 37:1360.22, or nurse practitioner as defined in R.S. 37:913
5 indicating the voter's inability to vote without assistance because of a physical
6 disability.
7 * * *
8 (b) The commissioner-in-charge shall place any physician's certificate,
9 statement setting forth the necessity and reasons for assistance, copy of proof of
10 disability, or completed and signed voter assistance form presented by a voter in the
11 envelope marked "Registrar of Voters" and attach the envelope to the precinct
12 register.
13 * * *
14 §573. Evidence of election results
15 * * *
16 E. Transmission and disposition of original challenges, duplicate voters'
17 affidavits, and address confirmation cards. (1) At the opening of the voting
18 machines, the sealed precinct registers shall be immediately returned to the registrar
19 of voters. Upon receipt of the sealed precinct registers, the registrar shall remove
20 any attached original record of challenges of voters made during the election, any
21 precinct register correction affidavits, any voter identification affidavits made
22 pursuant to R.S. 18:562, any address confirmation cards, any physical disability
23 affidavits, any physicians' certificates, any copies of disability documentation, and
24 any completed voter registration applications.
25 * * *
26 §1303. Persons entitled to vote in compliance with this Chapter
27 * * *
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1 I. Voters with disabilities. (1) Any qualified voter who submits any of the
2 following to the registrar of voters may vote absentee by mail upon meeting the
3 requirements of this Chapter:
4 * * *
5 (c) Current proof of disability from a physician, optometrist, physician's
6 assistant as defined in R.S. 37:1360.22, or nurse practitioner as defined in R.S.
7 37:913.
8 * * *
9 §1307.1. Application by person serving on sequestered jury
10 * * *
11 B. An application must shall be received by the registrar by noon on the day
12 of the election for which it is requested, and the date received shall be noted thereon
13 by the registrar.
14 * * *
15 §1309. Early voting; verification
16 * * *
17 B.(1) For the purpose of facilitating early voting, the registrar may designate,
18 in addition to the location for early voting provided in Subsection A of this Section,
19 one branch office wherein early voting may be conducted. Any such branch office
20 shall be located in a public building, and the hours days during which early voting
21 may be conducted therein shall be fixed by the registrar, with the approval of the
22 secretary of state, at least thirty days prior to a primary election and twenty-one days
23 prior to a general election, as provided in Subsection A of this Section, and the
24 registrar shall post at his office adequate notice of the days on which early voting
25 will be held at a branch office. However, if a branch office of a registrar is
26 destroyed, inaccessible, or unsafe during or following a gubernatorially declared
27 state of emergency, the registrar may utilize a temporary building as a branch office
28 to discharge his duties until an office that meets the requirements of this Section
29 becomes available. Such temporary office shall be located within the parish, or if
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1 there is no appropriate location within the parish due to the emergency, then in an
2 immediately adjacent parish, or if there is no appropriate location in any immediately
3 adjacent parish due to the emergency, then in the nearest parish in which there is an
4 appropriate location.
5 (2) The registrar shall provide or post the instructions, voters' bill of rights
6 and informational posters, if required, the statement of proposed constitutional
7 amendments on the ballot, and a certified screenshot as a sample ballot in a
8 conspicuous place at the principal entrance to the early voting polling place, where
9 they shall remain posted throughout early voting.
10 * * *
11 E.(1) The voter's identity having been established as provided in Subsection
12 D of this Section, the voter shall sign or make his mark prior to voting in the precinct
13 register or early voting list register. kept by the registrar prior to voting.
14 * * *
15 §1309.1. Preparation of machines for early voting; examination by candidate or his
16 representative; sealing machines
17 A. At the time of qualifying, the parish custodian shall notify each candidate
18 to contact the registrar of voters for the time and place at which the voting machines
19 will be prepared for early voting. The candidate or his representative may be present
20 to observe the preparation of the machines by the registrar of voters with the
21 assistance of the secretary of state's technicians and to observe the testing and sealing
22 of the machines by the registrar of voters in the presence of the parish board of
23 election supervisors. Each candidate or his representative shall be afforded a
24 reasonable opportunity to view the test vote tape for each machine to see that they
25 are in the proper condition for use in the election, which opportunity shall not be less
26 than thirty minutes beginning at the time designated by the registrar of voters to
27 begin preparation of the machines for sealing. However, no candidate,
28 representative, or citizen shall interfere with the registrar of voters, secretary of
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1 state's technicians, parish board of election supervisors, or any employee or
2 technician or assume any of their duties.
3 B. Each candidate or representative shall identify to the registrar of voters
4 the candidate whom he is representing. In addition, any citizen of this state may be
5 present to observe the preparation, testing, and sealing of the machines by the
6 registrar of voters and the secretary of state's technicians and shall be afforded an
7 opportunity to inspect the test vote tape for each machine to see that they are in
8 proper condition for use for early voting.
9 C. After the machines have been examined by each candidate, or
10 representative, or citizen who is present, the parish board of election supervisors
11 registrar of voters and secretary of state's technicians shall generate a zero tally to
12 ensure that the voting machine's public counter is set at zero and that no votes have
13 been cast for any candidate or for or against any proposition. The registrar of voters
14 and the parish board shall then seal the voting machine.
15 D. The registrar of voters and the secretary of state's technicians shall record
16 the public and protective counter numbers for each early voting machine on a form
17 prepared by the secretary of state for use in verifying the early voting results on
18 election day.
19 * * *
20 §1309.3. Assistance in voting during early voting
21 * * *
22 D.(1)(a) Prior to receiving assistance pursuant to this Section because of a
23 disability, including visual impairment, the voter shall file with the registrar in
24 person or by mail a statement setting forth the necessity and reasons for this
25 assistance and shall furnish the registrar one of the following:
26 (i) A certificate of a medical doctor, or optometrist, physician's assistant as
27 defined in R.S. 37:1360.22, or nurse practitioner as defined in R.S. 37:913 certifying
28 to the irremediable nature of the physical disability as proof of disability.
29 * * *
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1 §1373. Notice of preparation of machines for election; preparation of machines for
2 election; testing and adjusting; examination by candidate or his
3 representative; securing and sealing machines
4 A.(1) The secretary of state shall notify each parish custodian of the time and
5 place at which he will begin preparing and testing the voting machines for an
6 election. The qualifying official shall at the time of qualifying provide each
7 candidate in the election with a chronological table of procedures for the election that
8 instructs the candidate to contact the parish custodian for the time and place at which
9 the preparation and testing of the machines will be conducted and when the machines
10 will be sealed and states that the candidate or his representative may be present to
11 observe the preparation, and testing, and sealing of the machines by the parish
12 custodian secretary of state's technicians.
13 (2) The secretary of state shall prepare the voting machines for the election
14 by placing them in order, inserting the proper ballots, and testing and adjusting the
15 voting machines for the election. A test vote report shall be produced by each
16 machine. In preparing the machines, the secretary of state shall lock out against use
17 on each machine those vote indicators or devices that are not to be used at the
18 election. In preparing and adjusting machines, the secretary of state shall use the
19 mechanics and technicians authorized by R.S. 18:1353.
20 (3) Each candidate or his representative shall be afforded a reasonable
21 opportunity to inspect and review the test vote report of the machines to see that they
22 are in the proper condition for use in the election, which shall not be less than thirty
23 minutes beginning at the time designated by the parish custodian, in conjunction with
24 the secretary of state, to seal the machines.
25 (4) No candidate, representative, or citizen shall interfere with the secretary
26 of state or any employee or technician or assume any of their duties during the
27 preparation and testing of the voting machines. Each candidate or representative
28 shall identify to the secretary of state and parish custodian the candidate whom he
29 is representing. In addition, any citizen of this state may be present to observe the
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1 preparation, and testing, and sealing of the machines by the parish custodian
2 secretary of state's technicians and shall be afforded an opportunity to inspect and
3 review the test vote report of the machines.
4 (5) After the machines have been prepared and tested by the secretary of
5 state state's technicians and examined by each candidate or representative, citizen,
6 or parish board member who is present, the parish custodian board shall enclose
7 confirm the enclosure of the registration books or lists and other paraphernalia and
8 shall forthwith seal each machine with a numbered seal. At that time, the parish
9 custodian, in the presence of the candidates or their representatives, parish board
10 members, and any citizens who are present, shall certify to the numbers of the
11 machines, that all of the public counters are set at zero, and as to the number
12 registered on the protective counter of the machine.
13 * * *
14 §1400.3. Election expenses incurred by clerks of court and registrars of voters;
15 payment by secretary of state; payment by governing authorities
16 * * *
17 D. For the purposes of this Section, "election expenses incurred by registrars
18 of voters" is defined and limited to the following:
19 * * *
20 (4) Expenses of an extraordinary nature incurred by a registrar of voters for
21 an election which have received prior approval of the secretary of state or his
22 designee.
23 * * *
24 E. For the purposes of this Section, "election expenses incurred by clerks of
25 court" is defined and limited to the following:
26 * * *
27 (4) Expenses of an extraordinary nature incurred by a clerk of court for an
28 election which have received prior approval of the secretary of state or his designee.
29 * * *
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1 §1402. Proper parties
2 A. The following persons are the proper parties against whom actions
3 objecting to candidacy shall be instituted:
4 (1) The person whose candidacy is objected to.
5 (2) The official, in his official capacity, before whom the person whose
6 candidacy is objected to had qualified. The clerk of court, in his official capacity, if
7 the candidate qualified with the clerk of court.
8 (3) The secretary of state, in his official capacity, if the candidate qualified
9 with the secretary of state.
10 * * *
11 §1406. Petition; answer; notification
12 * * *
13 D. The clerk of court shall immediately notify the secretary of state by
14 telephone and by written notice sent by certified electronic mail or facsimile when
15 an action objecting to the calling of a special election, objecting to candidacy,
16 contesting the certification of a recall petition, or contesting an election has been
17 filed.
18 * * *
19 §1461.7. Miscellaneous election offenses; penalties
20 A. No person shall knowingly, willfully, or intentionally:
21 * * *
22 (4) Being a physician, optometrist, physician's assistant as defined in R.S.
23 37:1360.22, or nurse practitioner as defined in R.S. 37:913 certify to the disability
24 of a voter under this Title or certify that a person will be hospitalized on election day,
25 knowing such information to be false.
26 * * *
27 §1945. Submission of redistricting plans to the secretary of state; required format
28 A. If a local governing body utilizes a geographic information system to
29 develop its redistricting plan, the local governing body shall submit an electronic
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1 shapefile which reflects its redistricting plan to the secretary of state within ten
2 business days of its adoption of the redistricting plan.
3 B. If a local governing body is unable to submit an electronic shapefile, the
4 local governing body shall submit an ASCII, comma delimited block equivalency
5 import file which indicates the census block assignments in accordance with its
6 redistricting plan to the secretary of state within ten business days of its adoption of
7 the redistricting plan.
8 C. No redistricting plan shall be implemented unless the information
9 required in Subsection A or B of this Section is received by the secretary of state
10 prior to 4:30 p.m. four weeks prior to the date the qualifying period opens.
11 D. For the purposes of this Section, "local governing body" shall include
12 each parish governing authority, municipal governing authority, and school board.
13 Section 2. R.S. 18:104(C)(2) and 463(A)(1)(a) are hereby amended and reenacted
14and R.S. 18:115(F)(2)(e) is hereby enacted to read as follows:
15 §104. Application for registration; form
16 * * *
17 C.
18 * * *
19 (2) If the applicant is unable to write, the applicant shall affix his mark to the
20 application in the presence of two witnesses one witness who shall also sign their
21 names as witnesses witness to the mark.
22 * * *
23 §115. Registration by mail
24 * * *
25 F.
26 * * *
27 (2) The provisions of Paragraph (1) of this Subsection shall not apply in the
28 case of the following:
29 * * *
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1 (e) A person who was registered to vote in another parish and previously
2 voted in the other parish.
3 * * *
4 §463. Notice of candidacy; campaign finance disclosure; political advertising;
5 penalties
6 A.(1)(a) A notice of candidacy shall be in writing and shall state the
7 candidate's name, the office he seeks, the address of his domicile, his telephone
8 number, his electronic mail address if available, and the parish, ward, and precinct
9 where he is registered to vote. The candidate shall list on the notice of candidacy the
10 name of the political party if he is registered as being affiliated with a recognized
11 political party, "other" if he is registered as being affiliated with a political party that
12 is not a recognized political party, or "no party" or an abbreviation thereof if he is
13 registered with no political party affiliation. No candidate shall change or add his
14 political party designation, for purposes of printing on the election ballot as required
15 by R.S. 18:551(D), after he has qualified for the election.
16 * * *
17 Section 3. R.S. 18:1309(K)(1) is hereby amended and reenacted to read as follows:
18 §1309. Early voting; verification
19 * * *
20 K.(1) Only a certified commissioner may be selected to serve as an early
21 voting commissioner. A person may serve as an early voting commissioner only if
22 he has received a certificate of instruction as provided in R.S. 18:431(A) and has
23 attended a course of instruction for early voting commissioners and received a
24 certificate of instruction from the registrar of voters.
25 * * *
26 Section 4(A). Section 1 and this Section of this Act shall become effective upon
27signature of this Act by the governor or, if not signed by the governor, upon expiration of
28the time for bills to become law without signature by the governor, as provided by Article
29III, Section 18 of the Constitution of Louisiana. If this Act is vetoed by the governor and
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HB NO. 751
1subsequently approved by the legislature, Section 1 and this Section of this Act shall become
2effective on the day following such approval.
3 (B) Section 2 of this Act shall become effective on February 1, 2021.
4 (C) Section 3 of this Act shall become effective on January 1, 2022.
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 751 Original 2020 Regular Session Dwight
Abstract: Revises the system of laws comprising the La. Election Code.
Present law (R.S. 18:31) requires the secretary of state to create a state voter registration
computer system.
Proposed law retains present law. Provides that the secretary of state must create an annual
cybersecurity training for persons with access to the system.
Present law (R.S. 18:106) provides relative to assistance in voter registration. Allows a
person who has a disability or is unable to read or write English to sign his mark in the
presence of two witnesses if he is unable to sign.
Proposed law requires only one witness to be present.
Present law requires a voter to provide proof of physical disability when registering to vote,
if he needs assistance in voting. Further provides that proof of disability can be a certificate
of a medical doctor or optometrist certifying to the irremediable nature of the physical
disability.
Proposed law retains present law. Allows a physician's assistant or nurse practitioner to
provide a certificate of physical disability.
Present law (R.S. 18:132) requires the registrar's principal office to be in the parish's
courthouse or in close proximity thereto.
Proposed law removes requirement for registrar's office to be in close proximity to the parish
courthouse. Further provides that the office can be in any public facility within the parish.
Present law (R.S. 18:154) provides that the electronic mail address of a registered vote shall
not be circulated on a commercial list by any voter registration agency or any agency that
contracts with the office.
Proposed law allows the electronic mail address of a registered voter who has qualified as
a candidate for public office to be shared on such a list.
Present law (R.S. 18:421) provides that the secretary of state must provide cards of
instruction, which have been approved by the attorney general, to voters and commissioners.
Proposed law retains present law. Changes "cards of instructions" to "voters' bill of rights
posters".
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HB NO. 751
Present law (R.S. 18:463) provides that an agent filing a notice of candidacy on behalf of a
candidate must file an affidavit that the agent has the authorization and consent of the
candidate to file the notice.
Proposed law requires the affidavit to be signed by the candidate.
Present law (R.S. 18:532) provides that a parish governing authority shall maintain a suitable
map showing the current geographical boundaries with designation of precincts and a word
description of the precinct geographical boundaries.
Proposed law further requires a parish governing authority to maintain a geospacial shape
file, if available, of the precinct boundaries.
Present law (R.S. 18:532.1) allows a parish governing authority to change and adopt the
boundaries of an election precinct. Provides that the parish governing authority shall submit
proposed changes in precinct boundaries to the secretary and the clerk or their designees on
United States Bureau of the Census maps prepared for the next federal decennial census. No
change in a precinct boundary may be made by the parish governing authority without prior
review and approval by the secretary and the clerk or their designees.
Proposed law prohibits changes to a precinct's boundaries from becoming effective for an
election unless the information required by present law is received by the secretary of state
prior to 4:30 p.m. at least four weeks prior to the date the qualifying period opens for the
election.
Present law (R.S. 18:564) provides that prior to receiving assistance, a voter must file a
statement with the registrar providing the reason for voting assistance and providing proof
of physical disability. Additionally, provides that a voter may receive voting assistance
without the prior statement if he presents proof of physical disability to the commissioner-in-
charge on election day. Further provides that proof of disability can be a certificate of a
medical doctor or optometrist certifying to the irremediable nature of the physical disability.
Proposed law retains present law. Allows a physician's assistant or nurse practitioner to
provide a certificate of physical disability.
Present law (R.S. 18:1303) provides that a voter with disabilities who submits to the registrar
of voters current proof of disability from a physician may vote absentee by mail.
Proposed law allows a voter with disabilities to also submit proof of disability from an
optometrist, physician's assistant, or nurse practitioner.
Present law (R.S. 18:1307.1) provides that an application to vote absentee by mail from
sequestered jury member must be received by the registrar on the day of the election for
which it is requested, and the date received shall be noted thereon by the registrar.
Proposed law changes deadline for receipt of the application by the registrar. Provides that
the application shall be received by noon on the day of the election for which it is requested.
Present law (R.S. 18:1309) provides that the registrar may designate an additional early
voting location and the hours for early voting at such a location.
Proposed law allows the registrar, with the approval of the secretary of state at least 30 days
prior to a primary election and 21 days prior to a general election, to designate the days that
the additional early voting location shall be open. Requires the registrar to give notice of the
days for early voting at an additional location.
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HB NO. 751
Present law (R.S. 18:1309.1) provides that a candidate, his representative, or any citizen of
the state may be present to observe the preparation, testing, and sealing of early voting
machines by the registrar of voters.
Proposed law provides that in addition to the registrar of voters, the secretary of state's
technicians shall participate in the process of preparing and testing early voting machines.
Further provides that the parish board shall participate in the sealing of voting machines.
Present law (R.S. 18:1309.3) provides that prior to receiving assistance during early voting,
a voter shall file a statement with the registrar providing the reason for voting assistance and
providing proof of physical disability from a medical doctor or optometrist.
Proposed law allows a voter with disabilities to submit proof of disability from a physician's
assistant or nurse practitioner.
Present law (R.S. 18:1373) provides that the secretary of state shall notify each parish
custodian of the time and place at which he will begin preparing and testing the voting
machines for an election. The qualifying official shall instruct the candidate to contact the
parish custodian for the time and place at which he may observe the preparation, testing, and
sealing of the machines by the parish custodian.
Proposed law provides that the candidate shall have an opportunity to observe the
preparation and testing of the machines by the secretary of state's technicians.
Present law provides that each candidate or his representative shall have a reasonable
opportunity to inspect and review the test vote. The opportunity shall not be less than 30
minutes beginning at the time designated by the parish custodian to seal the machines.
Proposed law changes "test vote" to "report of the test vote". Further provides that the
secretary of state will work with the parish custodian in designating the time for the
inspection process.
Present law provides that any citizen of the state may be present to observe the preparation,
testing, and sealing of the machines by the parish custodian.
Proposed law removes parish custodian and authorizes the secretary of state's technicians
to conduct the process of preparing and testing machines.
Present law provides that after the machines have been prepared and tested by the secretary
of state and examined by each party who is present, the parish custodian shall enclose the
registration books and seal each machine.
Proposed law provides that the secretary of state's technicians shall conduct the inspection
and testing instead of the secretary of state. Further provides that the parish board, not the
parish custodian, shall confirm the enclosure of the registration books and seal each
machine.
Present law (R.S. 18:1400.3) provides that "election expenses incurred by registrars of
voters" means expenses of an extraordinary nature that are incurred by a registrar of voters
for an election and that have received prior approval of the secretary of state.
Proposed law allows the secretary of state's designee to give prior approval of such expenses.
Present law provides that "election expenses incurred by clerks of court" means expenses
of an extraordinary nature that are incurred by a clerk of court for an election and that have
received prior approval of the secretary of state.
Proposed law allows the secretary of state's designee to give prior approval of such expenses.
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Present law (R.S. 18:1406) provides that the clerk of court shall immediately notify the
secretary of state by telephone and by written notice sent by certified mail when an action
objecting to the calling of a special election, objecting to candidacy, contesting the
certification of a recall petition, or contesting an election has been filed.
Proposed law provides that electronic mail and facsimile are the written methods for
providing such notice.
Present law (R.S. 18:1461.7) provides that a physician shall not certify to the disability of
a voter or certify that a person will be hospitalized on election day, knowing such
information to be false.
Proposed law adds that an optometrist, physician’s assistant, and nurse practitioner shall not
certify to the disability of a voter or certify that a person will be hospitalized on election day,
knowing such information to be false.
Present law (R.S. 18:1945) provides that a local governing body must submit an electronic
shapefile which reflects its redistricting plan or an ASCII, comma delimited block
equivalency import file which indicates the census block assignments in accordance with its
redistricting plan to the secretary of state.
Proposed law provides that no redistricting plan shall be implemented unless the information
required in present law is received by the secretary of state prior to 4:30 p.m. four weeks
prior to the date the qualifying period opens.
Effective upon signature of the governor.
Present law (R.S. 18:104) provides relative to voter registration. Allows a person who is
unable to write to sign his mark in the presence of two witnesses.
Proposed law requires only one witness to be present.
Present law (R.S. 18:115) requires a person, who registered to vote by mail but has not
previously voted in the parish in which he is registered, to vote during early voting in the
registrar of voters' office or in person at the precinct in which he is registered to vote.
Proposed law provides that present law does not apply to a person who was registered to
vote in another parish and previously voted in the other parish.
Present law (R.S. 18:463) requires notice of candidacy to be in writing, state the candidate's
name, the office he seeks, the address of his domicile, and the parish, ward, and precinct
where he is registered to vote.
Proposed law additionally requires the notice of candidacy to include the candidate's
telephone number and his electronic mail address, if available.
Effective Feb. 1, 2021.
Present law (R.S. 18:1309) provides that only a certified commissioner may be selected to
serve as an early voting commissioner.
Proposed law removes present law. Requires a person to receive a certificate of instruction,
attend a course of instruction for early voting commissioners, and receive a certificate of
instruction from the registrar of voters to serve as an early voting commissioner.
Effective Jan. 1, 2022.
(Amends R.S. 18:31(A), 104(C)(2), 106(B) and (C)(2)(a), 132(A), 154(C)(1)(f), 421(B),
435(A)(1)(b), 463(A)(1)(a) and (c), 532(C) and (D), 532.1(A), (D)(1)(b)(i), and (F),
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HB NO. 751
553(B)(5), 564(D)(1)(a)(i) and (2)(a)(i) and (b), 573(E)(1), 1303(I)(1)(c), 1307.1(B),
1309(B), (E)(1), and (K)(1), 1309.1, 1309.3(D)(1)(a)(i), 1373(A), 1400.3(D)(4) and (E)(4),
1402(A), 1406(D), 1461.7(A)(4) and 1945; Adds R.S. 18:113.1, 115(F)(2)(e), and
532.1(C)(4))
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