2020 Regular Session ENROLLED
SENATE BILL NO. 218
BY SENATOR CLOUD
1 AN ACT
2 To amend and reenact R.S. 18:461(A)(1) and to enact R.S. 18:461(A)(4) and (5), relative to
3 qualifying of candidates for primary elections; to require proof of identity; to provide
4 relative to the nature of any such documents; to provide relative to the duties and
5 responsibilities of qualifying officials relative thereto; and to provide for related
6 matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 18:461(A)(1) is hereby amended and reenacted and R.S. 18:461(A)(4)
9 and (5) are hereby enacted to read as follows:
10 ยง461. Manner of qualifying
11 A.(1) A person who desires to become a candidate in a primary election shall
12 qualify as a candidate by timely filing notice of his candidacy, which shall be
13 accompanied either by a nominating petition or by the qualifying fee and any
14 additional fee imposed and shall provide proof of identity in the form of a valid
15 Louisiana driver's license or Louisiana identification card issued by the
16 Department of Public Safety and Corrections. A candidate whose notice of
17 candidacy is accompanied by a nominating petition shall not be required to pay any
18 qualifying fee or any additional fee. A candidate serving in the armed forces of the
19 United States who is stationed or deployed outside of the United States shall not be
20 required to pay any qualifying fee or any additional fee.
21 * * *
22 (4)(a) If a notice of candidacy is filed pursuant to Paragraph (2)(a) of
23 this Subsection, the qualifying official shall compare the name and address on
24 the proof of identity with the information on the notice of candidacy, shall make
ACT No. 312
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1 a notation in the database of the secretary of state if the address on the proof of
2 identity is different than the address on the notice of candidacy, and shall return
3 the proof of identity to the candidate.
4 (b) If a notice of candidacy is filed pursuant to Paragraph (2)(b) or (d)
5 of this Subsection, a copy of the candidate's proof of identity shall be sent to the
6 qualifying official with the notice of candidacy. The qualifying official shall
7 compare the name and address shown on the copy of the proof of identity with
8 the information on the notice of candidacy, shall make a notation in the
9 database of the secretary of state if the address on the copy of the proof of
10 identity is different than the address on the notice of candidacy, and shall
11 destroy the copy of the proof of identity.
12 (c)(i) If a notice of candidacy is filed pursuant to Paragraph (2)(c) of this
13 Subsection, a copy of the candidate's proof of identity shall be provided by the
14 agent to the qualifying official with the notice of candidacy. The qualifying
15 official shall compare the name and address shown on the copy of the
16 candidate's proof of identity with the information on the notice of candidacy,
17 shall make a notation in the database of the secretary of state if the address on
18 the copy of the candidate's proof of identity is different than the address on the
19 notice of candidacy, and shall destroy the copy of the candidate's proof of
20 identity.
21 (ii) In addition, the agent shall provide proof of his identity in the form
22 of a valid Louisiana driver's license or Louisiana special identification card
23 issued pursuant to R.S. 40:1321 to the qualifying official. The qualifying official
24 shall compare the name and address shown on the agent's proof of identity with
25 the information on the agent's affidavit and shall return the agent's proof of
26 identity to the agent.
27 (5) When the address on the proof of identity of a candidate is different
28 than the candidate's address on the notice of candidacy, the secretary of state
29 shall make a notation that there is a difference on any list on his website which
30 contains the name of the candidate.
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1 * * *
2 Section 2. This Act shall become effective on January 15, 2021.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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words in boldface type and underscored are additions.