SLS 21RS-336 ORIGINAL 2021 Regular Session SENATE BILL NO. 220 BY SENATOR CLOUD Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. LEGISLATIVE AUDITOR. Provides relative to the legislative auditor. (8/1/21) 1 AN ACT 2 To enact R.S. 24:513(D)(7), relative to the legislative auditor; to provide relative to 3 examinations, audits, and reviews of elections; to provide for the submission and 4 presentation of reports to certain legislative committees; to provides for the retention 5 of election records subject to examination by the legislative auditor; to provide for 6 terms, conditions, and procedures; and to provide for related matters. 7 Be it enacted by the Legislature of Louisiana: 8 Section 1. R.S. 24:513(D)(7) is hereby enacted to read as follows: 9 ยง513. Powers and duties of legislative auditor; audit reports as public records; 10 assistance and opinions of attorney general; frequency of audits; 11 subpoena power 12 * * * 13 D. In addition, the legislative auditor shall perform the following duties and 14 functions: 15 * * * 16 (7)(a) The legislative auditor shall examine, audit, or review local, state, 17 and federal elections that are held pursuant to the provisions of the Louisiana Page 1 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 220 SLS 21RS-336 ORIGINAL 1 Election Code, R.S. 18:1 et seq., and shall prescribe the scope, frequency, and 2 methodology of the examinations in accordance with his authority provided in 3 R.S. 24:511 et seq. The scope of the examinations may include an overview of 4 the election processes and controls, election best practices, fraud prevention, 5 ballot security, and signature matching. 6 (b) For the purposes of this Paragraph, the legislative auditor may 7 utilize a performance-based or risk-based approach in accordance with 8 appropriate auditing standards for the examinations of elections. 9 (c) Notwithstanding any provision of law to the contrary, all records and 10 papers, including but not limited to mail ballot applications, mail ballots, voting 11 rolls, and paper and electronic voting records, that come into an election 12 official's possession relating to the qualifying of candidates, the selection of 13 commissioners, alternate commissioners, and watchers, and the conduct or 14 results of a primary or general election, shall be retained for a period of not less 15 than five years. For the purposes of this Subparagraph, an "election official" 16 shall have the same meaning as provided in R.S. 18:1466. 17 (d) The legislative auditor shall submit an annual report to the Senate 18 Committee on Senate and Governmental Affairs and the House Committee on 19 House and Governmental Affairs on or before May first of each year. The 20 report shall contain an overview of the election processes and controls and a 21 summary of the election reports completed by the legislative auditor during the 22 previous calendar year along with copies of those reports. The legislative 23 auditor shall present the annual report to the Senate Committee on Senate and 24 Governmental Affairs and the House Committee on House and Governmental 25 Affairs, meeting separately or jointly, not later than May thirty-first of each 26 year. 27 * * * Page 2 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 220 SLS 21RS-336 ORIGINAL The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Michelle Ridge. DIGEST SB 220 Original 2021 Regular Session Cloud Present law provides relative to the powers, functions, and duties of the legislative auditor. Proposed law requires the legislative auditor to examine, audit, or review local, state, and federal elections that are held pursuant to the La. Election Code. Proposed law allows the auditor to set the scope, frequency, and methodology of the examinations and provides that the auditor may utilize a performance-based or risk-based approach for the examinations of elections. Proposed law provides for the retention of certain records, including records for the conduct or results of a primary or general election, for a period of not less than five years. Proposed law requires the legislative auditor to submit an annual report to the Senate Committee on Senate and Governmental Affairs and the House Committee on House and Governmental Affairs on or before May 1st of each year and to present the report to those committees, meeting separately or jointly, not later than May 31st of each year. Effective August 1, 2021. (Adds R.S. 24:513(D)(7)) Page 3 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.