RÉSUMÉ DIGEST
ACT 28 (HB 751) 2020 Regular Session Dwight
Existing law (R.S. 18:31) requires the secretary of state to create a state voter registration
computer system.
New law requires the secretary of state to create cybersecurity training for persons with
access to the system.
Existing law requires a voter who needs assistance in voting to provide proof of physical
disability. Provides that a certificate of a medical doctor or optometrist certifying to the
irremediable nature of the physical disability is one form of proof of a disability.
New law provides that a physician assistant or nurse practitioner may certify a physical
disability.
Existing law (R.S. 18:1461.7) provides for criminal penalties for a physician who falsely
certifies a disability. New law makes existing penalties for false certification applicable to
an optometrist, physician assistant, or nurse practitioner.
Existing law (R.S. 18:113) authorizes a person who alleges that he possesses the
qualifications for voting who is denied registration or reinstatement to apply for relief,
without cost, to the district court.
New law requires the registrar of voters to process and approve a registration or correct an
error and reinstate the registration if the registration was not processed correctly or was
cancelled through an error of the registrar of voters.
Existing law (R.S. 18:132) requires that the parish governing authority provide office space
for the parish registrar of voters. Provides that the registrar's principal office shall be
accessible and convenient to the parish residents and may be in the parish courthouse. Prior
law required that the principal office be in close proximity to the courthouse if it were not
in the courthouse. New law authorizes use of any public facility within the parish as a
location for the registrar's principal office.
Existing law (R.S. 18:154) provides generally that the records of a registrar of voters are
public records but prohibits disclosure of specified information, including the electronic mail
address, of any registered voter. New law authorizes disclosure of the electronic mail
address of a registered voter who has qualified as a candidate for public office.
Existing law (R.S. 18:453) prohibits a person from becoming a candidate for more than one
office in an election or in separate elections. Provides exceptions.
Existing law authorizes a person to become a candidate for both the unexpired term and the
succeeding term of an office. Prior law authorized such candidacy only if both terms were
to be filled at the same election. New law removes this limitation.
Existing law (R.S. 18:463) requires that an agent filing a notice of candidacy on behalf of a
candidate file an affidavit that the agent has the authorization and consent of the candidate
to file the notice. New law requires the affidavit to be signed by the candidate.
Existing law (R.S. 18:467) provides that the qualifying period for candidates in a
congressional primary election and in any special primary election to be held at the same
time opens on the third Wednesday in July of the year of the election.
New law (R.S. 18:467.2) changes the opening of the qualifying period for candidates in the
2020 congressional primary election and in any special primary election to be held at the
same time to the fourth Wednesday in July.
Existing law (R.S. 18:532) requires the parish governing authority to establish and designate
precincts. Requires the governing authority to maintain a suitable map showing the
geographical boundaries and designations of precincts and a description of the precinct
geographical boundaries. New law further requires the parish governing authority to maintain a geospacial shape file,
if available, of the precinct boundaries.
Existing law (R.S. 18:532.1) authorizes a parish governing authority to change the
boundaries of election precincts subject to approval by the secretary of state and the clerk of
court or their designees.
New law prohibits changes to a precinct's boundaries from becoming effective for an election
unless the information required by existing 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.
Existing law (R.S. 18:1307.1) requires that an application to vote absentee by mail from a
sequestered jury member be received by the registrar on the day of the election for which it
is requested. New law requires that the application be received by noon.
Existing law (R.S. 18:1309) provides for early voting to be conducted at the office of the
registrar of voters or at another location in or near the courthouse if the registrar's office is
too small or inconvenient. Authorizes the registrar to designate an additional location for
early voting.
Prior law required the registrar to set the hours during which early voting would be
conducted at the additional location. New law requires instead that the registrar set the days
for such voting subject to approval of the secretary of state. New law requires the registrar
to post notice of the days during which early voting will be conducted at the additional
location.
Existing law (R.S. 18:1400.3) provides that "election expenses incurred by registrars of
voters" include 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.
Existing law provides that "election expenses incurred by clerks of court" include 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.
New law authorizes the secretary of state's designee to approve such expenses.
Existing law (R.S. 18:1406) requires the clerk of court to notify the secretary of state by
telephone and by written notice 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.
Prior law required written notice by certified mail. New law requires such notice by
electronic mail or facsimile.
Existing law (R.S. 18:1945) requires a local governing body to 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.
New law provides that no redistricting plan shall be implemented unless the information
required in existing 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 (June 4, 2020).
Existing 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.
Provides exceptions.
New law provides that existing law does not apply to a person who was registered to vote in
another parish and previously voted in the other parish. Existing law (R.S. 18:463) requires that a notice of candidacy include 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.
New law additionally requires that the notice of candidacy include the candidate's telephone
number and his electronic mail address if available.
Effective February 1, 2021.
Prior law (R.S. 18:1309) provided that only a certified commissioner could serve as an early
voting commissioner.
New law removes prior 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), 453(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)