HLS 21RS-846 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 285
BY REPRESENTATIVE JAMES
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
VOTERS/VOTING: Provides relative to the amount a time a person may remain in a voting
machine
1 AN ACT
2To amend and reenact R.S. 18:563(C)(1) and 1309(E)(4)(a), relative to voting; to provide
3 for the amount of time a voter may remain in a voting machine; to provide for an
4 effective date; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 18:563(C)(1) and 1309(E)(4)(a) are hereby amended and reenacted
7to read as follows:
8 §563. Procedure for voting
9 * * *
10 C.(1) A voter shall not remain in a voting machine longer than three minutes
11 for an unreasonable amount of time. If a voter fails to leave a voting machine
12 promptly after a commissioner has notified him that three minutes have a reasonable
13 amount of time has elapsed, the commissioners shall order the voter to complete
14 voting and leave the voting machine. For purposes of this Paragraph, a reasonable
15 amount of time shall mean at least five minutes and, if the ballot is lengthy or if it
16 contains complex propositions or constitutional amendments, the commissioners
17 may allocate additional time in an equitable manner.
18 * * *
19 §1309. Early voting; verification
20 * * *
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HB NO. 285
1 E.
2 * * *
3 (4)(a) A voter shall not remain in a voting machine longer than three minutes
4 for an unreasonable amount of time. If a voter fails to leave a voting machine
5 promptly after the registrar or deputy registrar has notified him that three minutes
6 have a reasonable amount of time has elapsed, the registrar or deputy registrar shall
7 have the voter removed from the voting machine. For purposes of this
8 Subparagraph, a reasonable amount of time shall mean at least five minutes and, if
9 the ballot is lengthy or if it contains complex propositions or constitutional
10 amendments, the registrar or deputy registrar may allocate additional time in an
11 equitable manner.
12 * * *
13 Section 2. This Act shall become effective upon signature by the governor or, if not
14signed by the governor, upon expiration of the time for bills to become law without signature
15by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
16vetoed by the governor and subsequently approved by the legislature, this Act shall become
17effective on the day following such approval.
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 285 Original 2021 Regular Session James
Abstract: Changes the amount of time a voter may remain in the voting machine from no
more than three minutes to at least five minutes and authorizes election officials to
allocate additional time in an equitable manner if the ballot is lengthy or complex.
Present law provides that during early voting and on election day, a voter shall not remain
in a voting machine longer than three minutes. Provides that if a voter fails to leave a voting
machine promptly after being notified by the appropriate election official that three minutes
have elapsed, the commissioner, if on election day, shall order the voter to complete voting
and leave the voting machine, and if during early voting, the registrar or deputy registrar
shall have the voter removed from the voting machine.
Proposed law provides instead that a voter shall not remain in a voting machine for an
unreasonable amount of time. Provides that if a voter fails to leave a voting machine
promptly after being notified by the appropriate election official that a reasonable amount
of time has elapsed, the commissioner, if on election day, shall order the voter to complete
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HB NO. 285
voting and leave the voting machine, and if during early voting, the registrar or deputy
registrar shall have the voter removed from the voting machine. Proposed law provides that
a reasonable amount of time shall mean at least five minutes and, if the ballot is lengthy or
if it contains complex propositions or constitutional amendments, the appropriate election
officials may allocate additional time in an equitable manner.
Present law specially allows a voter receiving assistance in voting or a voter using the audio
ballot to remain in a voting machine for up to 20 minutes. Proposed law retains present law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 18: 18:563(C)(1) and 1309(E)(4)(a))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.