ENROLLED
2021 Regular Session
HOUSE BILL NO. 388
BY REPRESENTATIVES HARRIS AND HODGES
1 AN ACT
2 To 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.
8 Be 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
10 paragraph), (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
21 and early voting ballots in accordance with R.S. 18:1313.2, a member of the board
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1 may be compensated not more than eleven days for a presidential or regularly
2 scheduled congressional general election or ten days for any other primary or general
3 election if any such election is impaired as the result of a declared emergency or
4 disaster.
5 * * *
6 §1313.1. Preparation, verification, tabulation, and counting of absentee by mail and
7 early voting ballots; parishes with one thousand or more absentee by mail
8 ballots
9 A.(1)(a) Parishes with one thousand or more absentee by mail ballots
10 returned to the registrar of voters for a primary or general election may conduct the
11 preparation and verification process for the tabulation and counting of absentee by
12 mail and early voting ballots for a primary or general election the day before the
13 election.
14 (b) However, with the written approval of the secretary of state, parishes
15 may conduct the preparation and verification process for the tabulation and counting
16 of absentee by mail and early voting ballot for a primary or general election
17 beginning three days before the election.
18 (2) and conduct the The tabulation and counting of absentee by mail and
19 early voting ballots shall be conducted on election day.
20 B. The parish board of election supervisors shall be responsible for the
21 preparation, verification, counting, and tabulation of all absentee by mail and early
22 voting ballots in the parish. The board may utilize parish board commissioners to
23 count the absentee by mail and early voting ballots in the parish. If the board
24 determines that parish board commissioners are necessary for the preparation and
25 verification process to count and tabulate the absentee by mail and early voting
26 ballots the day before the election and to count and tabulate the absentee by mail and
27 early voting ballots on election day, it shall select parish board commissioners in
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1 accordance with the provisions of R.S. 18:1314. If a majority of the members of the
2 board are not present for the preparation and verification process to count the
3 absentee by mail and early voting ballots or to count the absentee by mail and early
4 voting ballots and no parish board commissioners were previously selected, the
5 members present may select a sufficient number of parish board commissioners on
6 the day three days before the election or on election day, as applicable, to assist in
7 the preparation and verification process for the tabulation and counting of absentee
8 by mail and early voting ballots and the tabulation and counting of the ballots.
9 C.(1) The preparation and verification process for the counting of the
10 absentee by mail and early voting ballots may be conducted the day before the
11 election at a public facility within the parish designated by the registrar of voters at
12 a time fixed by the parish board of election supervisors.
13 * * *
14 E. Candidates, their representatives, and qualified electors may be present
15 during the preparation and verification process for the counting and tabulation of
16 absentee by mail and early voting ballots on the day before the election and the
17 counting and tabulation of absentee by mail and early voting ballots on election day.
18 If the counting and tabulation of absentee by mail and early voting ballots begins
19 prior to the closing of the polls on election day, the board shall give notice
20 reasonably calculated to inform any person who wants to be present during the
21 counting and tabulation that no person will be allowed to leave or to communicate
22 with any other person outside, until such time as the polls are closed, nor shall any
23 person who is present during the counting and tabulation of absentee by mail and
24 early voting ballots on election day possess a cellular telephone or electronic
25 communication device.
26 * * *
27 G. The procedure for the preparation and verification process for the
28 tabulation and counting of absentee by mail ballots and early voting paper ballots on
29 the day before the election shall be as follows:
30 * * *
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1 (6) A member of the board shall place the absentee by mail ballots and early
2 voting paper ballots that have been challenged and the ballots that have not been
3 challenged in the special absentee by mail envelope or container provided for that
4 purpose and seal the envelope or container. Two members of the board shall execute
5 the first certificate on the envelope or container and date the certificate the day with
6 the date on which it was executed before the election.
7 (7) The members of the board shall place the certificates of the absentee by
8 mail ballots and early voting paper ballots that have not been challenged and the
9 flaps removed from those ballots in the envelope or container provided for that
10 purpose and seal the envelope or container. Two of the members shall execute the
11 first certificate on the envelope and date the certificate the day with the date on
12 which it was executed before the election.
13 * * *
14 §1315. Challenge of absentee by mail or early voting ballot
15 * * *
16 B.(1) During the preparation and verification process for the counting of
17 absentee by mail and early voting ballots on the day before the election, as
18 applicable, or the counting of absentee by mail and early voting ballots on election
19 day, any candidate or his representative, member of the board, or qualified elector
20 may challenge an absentee by mail or early voting ballot for cause, other than those
21 grounds specified in R.S. 18:565(A).
22 (2) Notwithstanding Paragraph (1) of this Subsection, for elections impaired
23 as a result of a declared disaster or emergency, during the preparation and
24 verification process for the counting of absentee by mail and early voting ballots
25 before an election in accordance with R.S. 18:1313.2, or the counting of absentee by
26 mail and early voting ballots on election day in accordance with R.S. 18:1313.2, any
27 candidate or his representative, member of the board, or qualified elector may
28 challenge an absentee by mail or early voting ballot for cause, other than those
29 grounds specified in R.S. 18:565(A).
30 * * *
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1 Section 2. R.S. 18:1313.2 is hereby repealed in its entirety.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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