HLS 21RS-957 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 388
BY REPRESENTATIVE HARRIS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ELECTIONS: Provides relative to the preparation and verification process of absentee and
early voting ballots prior to election day
1 AN ACT
2To amend and reenact R.S. 18:423(J), 1313.1(A), (B), (C)(1), (E), and (G)(introductory
3 paragraph), (6), and (7), and 1315(B) and to repeal R.S. 18:1313.2, relative to the
4 preparation, verification, tabulation, and counting of absentee by mail and early
5 voting ballots; to provide for the timing of such processes; to provide relative to
6 elections impaired as the result of a declared disaster or emergency; to provide for
7 an effective date; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 18:423(J), 1313.1(A), (B), (C)(1), (E), and (G)(introductory
10paragraph), (6), and (7), and 1315(B) are hereby amended and reenacted to read as follows:
11 §423. Parish boards of election supervisors
12 * * *
13 J.(1) Notwithstanding Subsection E of this Section, in a parish where the
14 parish board of election supervisors tabulates and counts absentee by mail and early
15 voting ballots in accordance with R.S. 18:1313.1, a member of the board may be
16 compensated not more than eight days for a presidential or regularly scheduled
17 congressional general election or seven days for any other primary or general
18 election.
19 (2) Notwithstanding any provision of this Section to the contrary, in a parish
20 where the parish board of election supervisors tabulates and counts absentee by mail
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1 and early voting ballots in accordance with R.S. 18:1313.2, a member of the board
2 may be compensated not more than eleven days for a presidential or regularly
3 scheduled congressional general election or ten days for any other primary or general
4 election if any such election is impaired as the result of a declared emergency or
5 disaster.
6 * * *
7 §1313.1. Preparation, verification, tabulation, and counting of absentee by mail and
8 early voting ballots; parishes with one thousand or more absentee by mail
9 ballots
10 A. Parishes with one thousand or more absentee by mail ballots returned to
11 the registrar of voters for a primary or general election ,with written approval of the
12 secretary of state, may conduct the preparation and verification process for the
13 tabulation and counting of absentee by mail and early voting ballots the day for a
14 primary or general election beginning four days before the election and conduct the
15 tabulation and counting of absentee by mail and early voting ballots on election day
16 in the manner provided by this Section.
17 B. The parish board of election supervisors shall be responsible for the
18 preparation, verification, counting, and tabulation of all absentee by mail and early
19 voting ballots in the parish. The board may utilize parish board commissioners to
20 count the absentee by mail and early voting ballots in the parish. If the board
21 determines that parish board commissioners are necessary for the preparation and
22 verification process to count and tabulate the absentee by mail and early voting
23 ballots the day before the election and to count and tabulate the absentee by mail and
24 early voting ballots on election day, it shall select parish board commissioners in
25 accordance with the provisions of R.S. 18:1314. If a majority of the members of the
26 board are not present for the preparation and verification process to count the
27 absentee by mail and early voting ballots or to count the absentee by mail and early
28 voting ballots and no parish board commissioners were previously selected, the
29 members present may select a sufficient number of parish board commissioners on
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HB NO. 388
1 the day four days before the election or on election day, as applicable, to assist in the
2 preparation and verification process for the tabulation and counting of absentee by
3 mail and early voting ballots and the tabulation and counting of the ballots.
4 C.(1) The preparation and verification process for the counting of the
5 absentee by mail and early voting ballots may be conducted the day beginning four
6 days before the election at a public facility within the parish designated by the
7 registrar of voters at a time fixed by the parish board of election supervisors.
8 * * *
9 E. Candidates, their representatives, and qualified electors may be present
10 during the preparation and verification process for the counting and tabulation of
11 absentee by mail and early voting ballots on the day before the election and the
12 counting and tabulation of absentee by mail and early voting ballots on election day.
13 If the counting and tabulation of absentee by mail and early voting ballots begins
14 prior to the closing of the polls on election day, the board shall give notice
15 reasonably calculated to inform any person who wants to be present during the
16 counting and tabulation that no person will be allowed to leave or to communicate
17 with any other person outside, until such time as the polls are closed, nor shall any
18 person who is present during the counting and tabulation of absentee by mail and
19 early voting ballots on election day possess a cellular telephone or electronic
20 communication device.
21 * * *
22 G. The procedure for the preparation and verification process for the
23 tabulation and counting of absentee by mail ballots and early voting paper ballots on
24 the day before the election shall be as follows:
25 * * *
26 (6) A member of the board shall place the absentee by mail ballots and early
27 voting paper ballots that have been challenged and the ballots that have not been
28 challenged in the special absentee by mail envelope or container provided for that
29 purpose and seal the envelope or container. Two members of the board shall execute
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1 the first certificate on the envelope or container and date the certificate the day with
2 the date on which it was executed before the election.
3 (7) The members of the board shall place the certificates of the absentee by
4 mail ballots and early voting paper ballots that have not been challenged and the
5 flaps removed from those ballots in the envelope or container provided for that
6 purpose and seal the envelope or container. Two of the members shall execute the
7 first certificate on the envelope and date the certificate the day with the date on
8 which it was executed before the election.
9 * * *
10 §1315. Challenge of absentee by mail or early voting ballot
11 * * *
12 B.(1) During the preparation and verification process for the counting of
13 absentee by mail and early voting ballots on the day before the election, as
14 applicable, or the counting of absentee by mail and early voting ballots on election
15 day, any candidate or his representative, member of the board, or qualified elector
16 may challenge an absentee by mail or early voting ballot for cause, other than those
17 grounds specified in R.S. 18:565(A).
18 (2) Notwithstanding Paragraph (1) of this Subsection, for elections impaired
19 as a result of a declared disaster or emergency, during the preparation and
20 verification process for the counting of absentee by mail and early voting ballots
21 before an election in accordance with R.S. 18:1313.2, or the counting of absentee by
22 mail and early voting ballots on election day in accordance with R.S. 18:1313.2, any
23 candidate or his representative, member of the board, or qualified elector may
24 challenge an absentee by mail or early voting ballot for cause, other than those
25 grounds specified in R.S. 18:565(A).
26 * * *
27 Section 2. R.S. 18:1313.2 is hereby repealed in its entirety.
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HB NO. 388
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 388 Original 2021 Regular Session Harris
Abstract: Provides a longer period of time for a parish to prepare and verify absentee by
mail and early voting ballots before election day
Present law provides that parishes with 1,000 or more absentee by mail ballots returned to
the registrar of voters for a primary or general election may conduct the preparation and
verification process for the tabulation and counting of absentee by mail and early voting
ballots the day before the election and conduct the tabulation and counting of absentee by
mail and early voting ballots on election day.
Proposed law allows any parish, with written approval of the secretary of state, to conduct
the preparation and verification of absentee by mail and early voting ballots beginning four
days before the election day. Also allows the preparation and verification of challenged
ballots four days before the election.
Present law (R.S. 18:1313.2) provides relative to elections impaired as the result of a
declared disaster or emergency and allows the preparation and verification process to begin
four days before election day. Provides that present law shall be void and of no effect on
Aug. 1, 2021.
Proposed law repeals present law.
(Amends R.S. 18:423(J), 1313.1(A), (B), (C)(1), (E), and (G)(intro. para.), (6), and (7), and
1315(B); Repeals R.S. 18:1313.2)
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