HLS 20RS-458 ENGROSSED
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), 106(C)(2)(a), 132(A), 154(C)(1)(f), 421(B),
3 435(A)(1)(b), 463(A)(1)(a) and (c), 532(C) and (D), 532.1(A), (D)(1)(b)(i), and (F),
4 553(B)(5), 564(D)(1)(a)(i) and (2)(a)(i) and (b), 573(E)(1), 1303(I)(1)(c), 1307.1(B),
5 1309(B), (E)(1), and (K)(1), 1309.1, 1309.3(D)(1)(a)(i), 1373(A), 1400.3(D)(4) and
6 (E)(4), 1402(A), 1406(D), 1461.7(A)(4), and 1945, to enact R.S. 18:113.1,
7 115(F)(2)(e), 467.2, and 532.1(C)(4), and to repeal R.S. 18:467.2, relative to the
8 Louisiana Election Code; to revise the system of laws comprising the Louisiana
9 Election Code; to provide relative to elections procedures and requirements; to
10 provide relative to cybersecurity training; to provide relative to voter registration; to
11 provide relative to assistance in voting; to provide relative to location of registrar of
12 voters office; to provide relative to candidates for public office; to provide relative
13 to voter's rights; to provide relative to watchers; to provide for the content of the
14 notice of candidacy; to provide relative to the establishment of precincts; to provide
15 relative to absentee voting; to provide relative to early voting; to provide relative to
16 certification of early voting commissioners; to provide relative to the preparation of
17 voting machines for an election; to provide relative to extraordinary election
18 expenses; to provide relative to objecting to candidacy and contesting an election;
19 to provide relative to election offense penalties; to provide relative to redistricting
20 plans; to provide relative to compensation of commissioners; to provide relative to
21 withdrawal of candidates; to provide relative to recount and reinspection; and to
22 provide for related matters.
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1Be it enacted by the Legislature of Louisiana:
2 Section 1. R.S. 18:31(A), 106(C)(2)(a), 132(A), 154(C)(1)(f), 421(B), 435(A)(1)(b),
3463(A)(1)(c), 532(C) and (D), 532.1(A), (D)(1)(b)(i), and (F), 553(B)(5), 564(D)(1)(a)(i)
4and (2)(a)(i) and (b), 573(E)(1), 1303(I)(1)(c), 1307.1(B), 1309(B) and (E)(1), 1309.1,
51309.3(D)(1)(a)(i), 1373(A), 1400.3(D)(4) and (E)(4), 1402(A), 1406(D), 1461.7(A)(4) and
61945 are hereby amended and reenacted and R.S. 18:113.1 and 532.1(C)(4) are hereby
7enacted to read as follows:
8 §31. State voter registration computer system; parish computer system
9 A.(1) The secretary of state shall establish a state voter registration computer
10 system for the registration of voters throughout the state in accordance with the
11 provisions of this Title.
12 (2) The secretary of state shall prepare a minimum of one hour of training
13 on cybersecurity for all persons who have user credentials to access the computer
14 network operated or managed by the secretary of state. The secretary of state shall
15 require each such person to complete this training annually in order to maintain
16 credentialed access to the computer network.
17 * * *
18 §106. Physical disability; inability to write English; language minority groups;
19 execution of documents; assistance
20 * * *
21 C.
22 * * *
23 (2) For purposes of this Subsection proof of disability means one of the
24 following:
25 (a) A certificate of a medical doctor, or optometrist, physician's assistant as
26 defined in R.S. 37:1360.22, or nurse practitioner as defined in R.S. 37:913 certifying
27 to the irremediable nature of the physical disability.
28 * * *
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1 §113.1. Denial or cancellation of registration; correction of errors
2 If a person's registration was denied or cancelled and the registrar of voters
3 determines that the registration was not processed correctly or was cancelled through
4 an error of the registrar of voters, the registrar of voters shall process and approve
5 the registration or correct the error and reinstate the registration.
6 * * *
7 §132. Offices furnished registrar; supplies; expenses
8 A. Except as otherwise provided by law, the governing authority of each
9 parish shall furnish the office space required by law for the registrar and also shall
10 be responsible for the cost of all equipment and supplies, including all furniture,
11 books, stationery, and other expenses for the operation of each office necessary to
12 enable the registrar fully to discharge his duties. The parish governing authority
13 shall provide space for the registrar's principal office in the courthouse or in close
14 proximity thereto a public facility within the parish, and this office shall be
15 accessible and convenient to the residents of the parish. The space to be used for this
16 office shall be specifically designated by the parish governing authority, which shall
17 designate adequate space to enable the registrar to fully discharge his duties. No
18 other official or unit of government shall have authority to designate or allocate such
19 office space. Before the expenses are paid, the registrar shall furnish the head of the
20 parish governing authority a budget of anticipated expenses for each succeeding
21 year.
22 * * *
23 §154. Records open to inspection; copying; exceptions
24 * * *
25 C.(1) Notwithstanding any provision of this Section to the contrary, the
26 registrar, the clerk of court, the Department of State, the office of motor vehicles of
27 the Department of Public Safety and Corrections and any entity that contracts with
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1 the office, each voter registration agency and any entity that contracts with a voter
2 registration agency, and any person who handles the voter registration application
3 form of another person shall be prohibited from circulating on a commercial list or
4 otherwise disclosing the following:
5 * * *
6 (f) The electronic mail address of a registered voter, except a registered voter
7 who has qualified as a candidate for public office.
8 * * *
9 §421. Secretary of state; first assistant and other employees of the secretary of state
10 * * *
11 B. The secretary of state shall develop and print cards of instruction to the
12 voters' bill of rights posters for voters and commissioners, which shall not be
13 inconsistent with the constitution and laws of the United States or of this state and
14 which shall be approved by the attorney general.
15 * * *
16 §435. Watchers; appointment and commission
17 A.(1)
18 * * *
19 (b) In the case of a presidential election, each slate of candidates for
20 presidential elector is entitled to have one watcher at every precinct. The state
21 central committee of each recognized political party shall be responsible for filing
22 the list of watchers for its slate of candidates for presidential elector, and the list of
23 watchers shall be signed by the chairman of the state central committee. The list of
24 watchers for an independent or other party a slate of candidates for presidential
25 elector who are not affiliated with a recognized political party shall be signed and
26 filed by any person so authorized by the presidential candidate supported by the slate
27 of electors. A letter of authorization from the presidential candidate, or from an
28 authorized agent of his campaign, shall accompany the list of watchers.
29 * * *
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1 §463. Notice of candidacy; campaign finance disclosure; political advertising;
2 penalties
3 A.(1)
4 * * *
5 (c) When an agent files a notice of candidacy on behalf of a candidate, the
6 agent shall file with the qualifying official an affidavit with the signature of the
7 candidate attesting that the agent has the authorization and consent of the candidate
8 to file the notice.
9 * * *
10 §532. Establishment of precincts
11 * * *
12 C. Each parish governing authority shall provide and maintain at all times
13 geospacial shape files, if available, and a suitable printed map showing the current
14 geographical boundaries with designation of precincts, and a word correct, written
15 legal description of the precinct geographical boundaries. Each parish governing
16 authority shall send a copy of each map, with description attached, to the registrar
17 of voters and the secretary of state. The map may be composed of one or more
18 sheets but each sheet shall not exceed three feet by four feet. The map shall include
19 all existing roads, streets, railroad tracks, and drainage features but shall not include
20 underground utility lines, land use and zoning symbols or shadings, symbols for
21 vegetation cover, topographic contour lines, and similar items that obscure the basic
22 street pattern and names. All features, names, titles, and symbols on the map shall
23 be clearly shown and legible. The map sheet of the entire parish shall be on a scale
24 of one inch equals one mile to one inch equals two miles. Map sheets of each
25 incorporated place within the parish shall be on a scale of one inch equals eight
26 hundred feet to one inch equals sixteen hundred feet. Each map sheet shall indicate
27 the date of the base map or the date of last revision. Wherever the boundaries of a
28 precinct or incorporated place are coterminous, they shall be clearly indicated as
29 such.
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1 D. The parish governing authority shall also furnish to the registrar of voters
2 and secretary of state geospacial shape files, if available, and a printed map clearly
3 indicating the boundaries of each parish governing authority district, school board
4 district, special election district, representative district, and senate district, and a
5 correct, written legal description of the boundaries.
6 * * *
7 §532.1. Changing boundaries
8 A. The parish governing authority shall have authority, in accordance with
9 this Section, to change the configuration, boundaries, or designation of an election
10 precinct. Any change so determined shall be adopted by ordinance of the parish
11 governing authority. Within fifteen days after adoption of the ordinance, the parish
12 governing authority shall send to the secretary of state a certified copy of the
13 ordinance, a geospacial shape file, if available, and a printed copy of the map
14 showing the new precinct boundaries and designations together with a and a correct,
15 written legal description of such boundaries. The parish governing authority shall
16 comply with the provisions of R.S. 18:1941 when changing precinct boundaries.
17 * * *
18 C.
19 * * *
20 (4) No precinct boundary change shall become effective for the election
21 unless the information required in this Subsection is received by the secretary of state
22 prior to 4:30 p.m. at least four weeks prior to the date the qualifying period opens.
23 * * *
24 D.(1)
25 * * *
26 (b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph to
27 the contrary, if the legislature has completed the reapportionment required by Article
28 III, Section 6 of the Constitution of Louisiana following the latest federal decennial
29 census and, if required, has received preclearance pursuant to the Voting Rights Act
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1 of 1965, the parish governing authority may merge precincts upon the parish
2 governing authority's certifying in writing to the office of the secretary of state that
3 the parish governing authority and all school boards within the parish have
4 completed all redistricting that is required following the latest federal decennial
5 census, if required, have received preclearance pursuant to the Voting Rights Act of
6 1965, and have received written approval to merge the precincts from the office of
7 the secretary of state.
8 (i) A certified copy of the ordinance describing such precinct mergers, a
9 correct, written legal description of proposed new precinct boundaries, geospacial
10 shape files, if available, and a printed copy of a map clearly detailing the precinct
11 boundaries within the parish shall be sent to the secretary of the Senate, the clerk of
12 the House of Representatives, the secretary of state, the clerk of court, and the
13 registrar of voters of the parish within fifteen days after the adoption of the
14 ordinance.
15 * * *
16 F. Within fifteen days after the adoption of the ordinance as provided in this
17 Section, the parish governing authority shall send to the secretary of the Senate and
18 the clerk of the House of Representatives, the secretary of state, the clerk of court,
19 and the registrar of voters a certified copy of the ordinance, geospacial shape files,
20 if available, and a printed copy of a map showing the new precinct boundaries
21 together with a and a correct, written legal description of such boundaries.
22 * * *
23 §553. Inspection and preparation of voting machines at polling places; precinct
24 registers and supplemental list
25 * * *
26 B. Inspection of the voting machines. After the commissioners take their
27 oath and before the time for opening the polls, the commissioners, in the presence
28 of the watchers, shall prepare the polling place for voting as follows:
29 * * *
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1 (5) The commissioners shall post the instructions, voters' bill of rights and
2 informational posters, if required, the statement of proposed constitutional
3 amendments on the ballot, and a sample ballot in a conspicuous place at the principal
4 entrance to the polling place, where they shall remain posted throughout the election
5 day.
6 * * *
7 §564. Assistance in voting on election day
8 * * *
9 D.(1)(a) Prior to receiving assistance pursuant to this Section due to a
10 disability, including visual impairment, the voter shall file with the registrar in
11 person or by mail a statement setting forth the necessity and reasons for this
12 assistance and shall furnish the registrar one of the following:
13 (i) A certificate of a medical doctor, or optometrist, physician's assistant as
14 defined in R.S. 37:1360.22, or nurse practitioner as defined in R.S. 37:913 certifying
15 to the irremediable nature of the physical disability as proof of disability.
16 * * *
17 (2)(a) A voter shall also be entitled to assistance without having filed with
18 the registrar a statement setting forth the necessity and reasons for this assistance if,
19 on election day, the voter presents to the commissioner-in-charge one of the
20 following as proof of disability:
21 (i) A physician's certificate of a physician, optometrist, physician's assistant
22 as defined in R.S. 37:1360.22, or nurse practitioner as defined in R.S. 37:913
23 indicating the voter's inability to vote without assistance because of a physical
24 disability.
25 * * *
26 (b) The commissioner-in-charge shall place any physician's certificate,
27 statement setting forth the necessity and reasons for assistance, copy of proof of
28 disability, or completed and signed voter assistance form presented by a voter in the
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1 envelope marked "Registrar of Voters" and attach the envelope to the precinct
2 register.
3 * * *
4 §573. Evidence of election results
5 * * *
6 E. Transmission and disposition of original challenges, duplicate voters'
7 affidavits, and address confirmation cards. (1) At the opening of the voting
8 machines, the sealed precinct registers shall be immediately returned to the registrar
9 of voters. Upon receipt of the sealed precinct registers, the registrar shall remove
10 any attached original record of challenges of voters made during the election, any
11 precinct register correction affidavits, any voter identification affidavits made
12 pursuant to R.S. 18:562, any address confirmation cards, any physical disability
13 affidavits, any physicians' certificates, any copies of disability documentation, and
14 any completed voter registration applications.
15 * * *
16 §1303. Persons entitled to vote in compliance with this Chapter
17 * * *
18 I. Voters with disabilities. (1) Any qualified voter who submits any of the
19 following to the registrar of voters may vote absentee by mail upon meeting the
20 requirements of this Chapter:
21 * * *
22 (c) Current proof of disability from a physician, optometrist, physician's
23 assistant as defined in R.S. 37:1360.22, or nurse practitioner as defined in R.S.
24 37:913.
25 * * *
26 §1307.1. Application by person serving on sequestered jury
27 * * *
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1 B. An application must shall be received by the registrar by noon on the day
2 of the election for which it is requested, and the date received shall be noted thereon
3 by the registrar.
4 * * *
5 §1309. Early voting; verification
6 * * *
7 B.(1) For the purpose of facilitating early voting, the registrar may designate,
8 in addition to the location for early voting provided in Subsection A of this Section,
9 one branch office wherein early voting may be conducted. Any such branch office
10 shall be located in a public building, and the hours days during which early voting
11 may be conducted therein shall be fixed by the registrar, with the approval of the
12 secretary of state, at least thirty days prior to a primary election and twenty-one days
13 prior to a general election, as provided in Subsection A of this Section, and the
14 registrar shall post at his office adequate notice of the days on which early voting
15 will be held at a branch office. However, if a branch office of a registrar is
16 destroyed, inaccessible, or unsafe during or following a gubernatorially declared
17 state of emergency, the registrar may utilize a temporary building as a branch office
18 to discharge his duties until an office that meets the requirements of this Section
19 becomes available. Such temporary office shall be located within the parish, or if
20 there is no appropriate location within the parish due to the emergency, then in an
21 immediately adjacent parish, or if there is no appropriate location in any immediately
22 adjacent parish due to the emergency, then in the nearest parish in which there is an
23 appropriate location.
24 (2) The registrar shall provide or post the instructions, voters' bill of rights
25 and informational posters, if required, the statement of proposed constitutional
26 amendments on the ballot, and a certified screenshot as a sample ballot in a
27 conspicuous place at the principal entrance to the early voting polling place, where
28 they shall remain posted throughout early voting.
29 * * *
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1 E.(1) The voter's identity having been established as provided in Subsection
2 D of this Section, the voter shall sign or make his mark prior to voting in the precinct
3 register or early voting list register. kept by the registrar prior to voting.
4 * * *
5 §1309.1. Preparation of machines for early voting; examination by candidate or his
6 representative; sealing machines
7 A. At the time of qualifying, the parish custodian shall notify each candidate
8 to contact the registrar of voters for the time and place at which the voting machines
9 will be prepared for early voting. The candidate or his representative may be present
10 to observe the preparation of the machines by the registrar of voters with the
11 assistance of the secretary of state's technicians and to observe the testing and sealing
12 of the machines by the registrar of voters in the presence of the parish board of
13 election supervisors. Each candidate or his representative shall be afforded a
14 reasonable opportunity to view the test vote tape for each machine to see that they
15 are in the proper condition for use in the election, which opportunity shall not be less
16 than thirty minutes beginning at the time designated by the registrar of voters to
17 begin preparation of the machines for sealing. However, no candidate,
18 representative, or citizen shall interfere with the registrar of voters, secretary of
19 state's technicians, parish board of election supervisors, or any employee or
20 technician or assume any of their duties.
21 B. Each candidate or representative shall identify to the registrar of voters
22 the candidate whom he is representing. In addition, any citizen of this state may be
23 present to observe the preparation, testing, and sealing of the machines by the
24 registrar of voters and the secretary of state's technicians and shall be afforded an
25 opportunity to inspect the test vote tape for each machine to see that they are in
26 proper condition for use for early voting.
27 C. After the machines have been examined by each candidate, or
28 representative, or citizen who is present, the parish board of election supervisors
29 registrar of voters and secretary of state's technicians shall generate a zero tally to
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1 ensure that the voting machine's public counter is set at zero and that no votes have
2 been cast for any candidate or for or against any proposition. The registrar of voters
3 and the parish board of election supervisors shall then seal the voting machine.
4 D. The registrar of voters and the secretary of state's technicians shall record
5 the public and protective counter numbers for each early voting machine on a form
6 prepared by the secretary of state for use in verifying the early voting results on
7 election day.
8 * * *
9 §1309.3. Assistance in voting during early voting
10 * * *
11 D.(1)(a) Prior to receiving assistance pursuant to this Section because of a
12 disability, including visual impairment, the voter shall file with the registrar in
13 person or by mail a statement setting forth the necessity and reasons for this
14 assistance and shall furnish the registrar one of the following:
15 (i) A certificate of a medical doctor, or optometrist, physician's assistant as
16 defined in R.S. 37:1360.22, or nurse practitioner as defined in R.S. 37:913 certifying
17 to the irremediable nature of the physical disability as proof of disability.
18 * * *
19 §1373. Notice of preparation of machines for election; preparation of machines for
20 election; testing and adjusting; examination by candidate or his
21 representative; securing and sealing machines
22 A.(1) The secretary of state shall notify each parish custodian of the time and
23 place at which he will begin preparing and testing the voting machines for an
24 election. The qualifying official shall at the time of qualifying provide each
25 candidate in the election with a chronological table of procedures for the election that
26 instructs the candidate to contact the parish custodian for the time and place at which
27 the preparation and testing of the machines will be conducted and when the machines
28 will be sealed and states that the candidate or his representative may be present to
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1 observe the preparation, and testing, and sealing of the machines by the parish
2 custodian secretary of state's technicians.
3 (2) The secretary of state shall prepare the voting machines for the election
4 by placing them in order, inserting the proper ballots, and testing and adjusting the
5 voting machines for the election. A test vote report shall be produced by each
6 machine. In preparing the machines, the secretary of state shall lock out against use
7 on each machine those vote indicators or devices that are not to be used at the
8 election. In preparing and adjusting testing machines, the secretary of state shall use
9 the mechanics and technicians authorized by R.S. 18:1353.
10 (3) Each candidate or his representative shall be afforded a reasonable
11 opportunity to inspect and review the test vote report of the machines to see that they
12 are in the proper condition for use in the election, which shall not be less than thirty
13 minutes beginning at the time designated by the parish custodian, in conjunction with
14 the secretary of state, to seal the machines.
15 (4) No candidate, representative, or citizen shall interfere with the secretary
16 of state or any employee or technician or assume any of their duties during the
17 preparation and testing of the voting machines. Each candidate or representative
18 shall identify to the secretary of state and parish custodian the candidate whom he
19 is representing. In addition, any citizen of this state may be present to observe the
20 preparation, and testing, and sealing of the machines by the parish custodian
21 secretary of state's technicians and shall be afforded an opportunity to inspect and
22 review the test vote report of the machines.
23 (5) After the machines have been prepared and tested by the secretary of
24 state state's technicians and examined by each candidate or representative, citizen,
25 or parish board member who is present, the parish custodian board shall enclose
26 confirm the enclosure of the registration books or lists and other paraphernalia and
27 shall forthwith seal each machine with a numbered seal. At that time, the parish
28 custodian, in the presence of the candidates or their representatives, parish board
29 members, and any citizens who are present, shall certify to the numbers of the
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1 machines, that all of the public counters are set at zero, and as to the number
2 registered on the protective counter of the machine.
3 * * *
4 §1400.3. Election expenses incurred by clerks of court and registrars of voters;
5 payment by secretary of state; payment by governing authorities
6 * * *
7 D. For the purposes of this Section, "election expenses incurred by registrars
8 of voters" is defined and limited to the following:
9 * * *
10 (4) Expenses of an extraordinary nature incurred by a registrar of voters for
11 an election which have received prior approval of the secretary of state or his
12 designee.
13 * * *
14 E. For the purposes of this Section, "election expenses incurred by clerks of
15 court" is defined and limited to the following:
16 * * *
17 (4) Expenses of an extraordinary nature incurred by a clerk of court for an
18 election which have received prior approval of the secretary of state or his designee.
19 * * *
20 §1402. Proper parties
21 A. The following persons are the proper parties against whom actions
22 objecting to candidacy shall be instituted:
23 (1) The person whose candidacy is objected to.
24 (2) The official, in his official capacity, before whom the person whose
25 candidacy is objected to had qualified. The clerk of court, in his official capacity, if
26 the candidate qualified with the clerk of court.
27 (3) The secretary of state, in his official capacity, if the candidate qualified
28 with the secretary of state.
29 * * *
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1 §1406. Petition; answer; notification
2 * * *
3 D. The clerk of court shall immediately notify the secretary of state by
4 telephone and by written notice sent by certified electronic mail or facsimile when
5 an action objecting to the calling of a special election, objecting to candidacy,
6 contesting the certification of a recall petition, or contesting an election has been
7 filed.
8 * * *
9 §1461.7. Miscellaneous election offenses; penalties
10 A. No person shall knowingly, willfully, or intentionally:
11 * * *
12 (4) Being a physician, optometrist, physician's assistant as defined in R.S.
13 37:1360.22, or nurse practitioner as defined in R.S. 37:913 certify to the disability
14 of a voter under this Title or certify that a person will be hospitalized on election day,
15 knowing such information to be false.
16 * * *
17 §1945. Submission of redistricting plans to the secretary of state; required format
18 A. If a local governing body utilizes a geographic information system to
19 develop its redistricting plan, the local governing body shall submit an electronic
20 shapefile which reflects its redistricting plan to the secretary of state within ten
21 business days of its adoption of the redistricting plan.
22 B. If a local governing body is unable to submit an electronic shapefile, the
23 local governing body shall submit an ASCII, comma delimited block equivalency
24 import file which indicates the census block assignments in accordance with its
25 redistricting plan to the secretary of state within ten business days of its adoption of
26 the redistricting plan.
27 C. No redistricting plan shall be implemented unless the information
28 required in Subsection A or B of this Section is received by the secretary of state
29 prior to 4:30 p.m. four weeks prior to the date the qualifying period opens.
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1 D. For the purposes of this Section, "local governing body" shall include
2 each parish governing authority, municipal governing authority, and school board.
3 Section 2. R.S. 18:463(A)(1) is hereby amended and reenacted and R.S.
418:115(F)(2)(e) is hereby enacted to read as follows:
5 §115. Registration by mail
6 * * *
7 F.
8 * * *
9 (2) The provisions of Paragraph (1) of this Subsection shall not apply in the
10 case of the following:
11 * * *
12 (e) A person who was registered to vote in another parish and previously
13 voted in the other parish.
14 * * *
15 §463. Notice of candidacy; campaign finance disclosure; political advertising;
16 penalties
17 A.(1)(a) A notice of candidacy shall be in writing and shall state the
18 candidate's name, the office he seeks, the address of his domicile, his telephone
19 number, his electronic mail address if available, and the parish, ward, and precinct
20 where he is registered to vote. The candidate shall list on the notice of candidacy the
21 name of the political party if he is registered as being affiliated with a recognized
22 political party, "other" if he is registered as being affiliated with a political party that
23 is not a recognized political party, or "no party" or an abbreviation thereof if he is
24 registered with no political party affiliation. No candidate shall change or add his
25 political party designation, for purposes of printing on the election ballot as required
26 by R.S. 18:551(D), after he has qualified for the election.
27 * * *
28 Section 3. R.S. 18:1309(K)(1) is hereby amended and reenacted to read as follows:
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1 §1309. Early voting; verification
2 * * *
3 K.(1) Only a certified commissioner may be selected to serve as an early
4 voting commissioner. A person may serve as an early voting commissioner only if
5 he has received a certificate of instruction as provided in R.S. 18:431(A) and has
6 attended a course of instruction for early voting commissioners and received a
7 certificate of instruction from the registrar of voters.
8 * * *
9 Section 4. R.S. 18:467.2 is hereby enacted to read as follows:
10 §467.2. Opening of qualifying period; exception
11 Notwithstanding the provisions of R.S. 18:467(2), the qualifying period for
12 candidates in the 2020 congressional primary election and those in any special
13 primary election to be held at the same time, shall open on the fourth Wednesday in
14 July.
15 Section 5. R.S. 18:467.2 is hereby repealed in its entirety.
16 Section 6(A). Section 1, Section 4, and this Section of this Act shall become
17effective upon signature of this Act by the governor or, if not signed by the governor, upon
18expiration of the time for bills to become law without signature by the governor, as provided
19by Article III, Section 18 of the Constitution of Louisiana. If this Act is vetoed by the
20governor and subsequently approved by the legislature, Section 1, Section 4, and this Section
21of this Act shall become effective on the day following such approval.
22 (B) Section 2 of this Act shall become effective on February 1, 2021.
23 (C) Section 3 of this Act shall become effective on January 1, 2022.
24 (D) Section 5 of this Act shall become effective on December 31, 2020.
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HB NO. 751
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 Engrossed 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) 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".
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. 18:467) provides that the qualifying period, for candidates in a
congressional primary election and those in any special primary election to be held at the
same time, shall open on the third Wednesday in July of the year of the election.
Proposed law (R.S. 18:467.2) changes the opening of the qualifying period for candidates
in a 2020 congressional primary election and those in any special primary election to be held
at the same time. Further provides that the qualifying period of such elections shall open on
the fourth Wednesday in July.
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HB NO. 751
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.
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.
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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.
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.
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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. 18:115) 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), 106(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), 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), 467.2, and 532.1(C)(4);
Repeals R.S. 18:467.2)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the original bill:
1. Add provisions to move qualifying period of 2020 congressional primary
election and provide for the subsequent repeal of such provisions.
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2. Remove proposed reduction of number of witnesses required on certain election
documents for persons who can only affix their mark.
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