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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 amend and reenact R.S. 18:158, 403, 1311(D)(4)(b), and 1312(D) and to enact R.S.
3 24:513(D)(7), relative to the legislative auditor; to provide relative to examinations,
4 audits, and reviews of elections; to provide for the submission and presentation of
5 reports to certain legislative committees; to provide for the retention of election
6 records subject to examination by the legislative auditor; to provide for terms,
7 conditions, and procedures; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 18:158, 403, 1311(D)(4)(b), and 1312(D) are hereby amended and
10 reenacted to read as follows:
11 §158. Retention of absentee by mail and early voting ballots and records; retention
12 of registration records for federal elections
13 A. The registrar of voters in each parish shall keep and maintain all records
14 relating to absentee by mail and early voting as provided in Chapter 7 of this Title
15 for a period of at least two years from the date of the election.
16 B. The registrar of voters in each parish shall keep and maintain for a period
17 of twenty-two months at least two years from the date of the election all
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1 applications for registration and registration records received for purposes of voting
2 in an election involving the office of President of the United States, Vice President
3 of the United States, presidential elector, United States Senator, or United States
4 Representative.
5 * * *
6 §403. Election records and papers; preservation; public record
7 A. Except as otherwise provided by law, every Each election official shall
8 retain and preserve, for at least six months two years after the date of a primary or
9 general election, all records and papers which come into his possession relating to
10 the qualifying of candidates, the selection of commissioners, alternate
11 commissioners, and watchers, and the conduct or results of a primary or general
12 election, and any application, registration, or other act requisite to voting in an
13 election. These records and papers shall be public records open to inspection by
14 anyone.
15 B. In an election involving the office of the president of the United States,
16 vice president of the United States, presidential elector, United States senator, or
17 United States representative, all records and papers which come into the possession
18 of an election official relating to any application, registration, or other act requisite
19 to voting in such election shall be kept and maintained for a period of twenty-two
20 months from the date of the election.
21 * * *
22 §1311. List of absentee by mail and early voters; posting; delivery of alphabetized
23 list to precincts; supplements; absentee by mail voter report
24 * * *
25 D. * * *
26 (4) * * *
27 (b) If the voter has voted in person at the precinct, the registrar shall write
28 across the ballot the words "rejected, voted at precinct" and shall include such ballot
29 with all other mail ballots received on or after election day, to be kept unopened for
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1 six months, and destroyed at least two years from the date of the election.
2 * * *
3 §1312. Retention of ballots at registrar's office
4 * * *
5 D. Except as otherwise provided in R.S. 18:1308.1(C) and 1311(D)(1) and
6 (5), all mail ballots received on or after election day shall not be counted, but shall
7 be endorsed with the day and hour of receipt, shall be kept unopened for six months,
8 and then shall be destroyed at least two years from the date of the election. Any
9 absentee ballot received by mail or facsimile not the first received from the voter
10 shall be treated as provided in this Subsection.
11 * * *
12 Section 2. R.S. 24:513(D)(7) is hereby enacted to read as follows:
13 §513. Powers and duties of legislative auditor; audit reports as public records;
14 assistance and opinions of attorney general; frequency of audits;
15 subpoena power
16 * * *
17 D. In addition, the legislative auditor shall perform the following duties and
18 functions:
19 * * *
20 (7)(a) The legislative auditor shall examine, audit, or review local, state,
21 and federal elections that are held pursuant to the provisions of the Louisiana
22 Election Code, R.S. 18:1 et seq., and shall prescribe the scope, frequency, and
23 methodology of the examinations in accordance with his authority provided in
24 R.S. 24:511 et seq. The scope of the examinations may include an overview of
25 the election processes and controls, election best practices, fraud prevention,
26 ballot security, and signature matching.
27 (b) For the purposes of this Paragraph, the legislative auditor may
28 utilize a performance-based or risk-based approach in accordance with
29 appropriate auditing standards for the examinations of elections.
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1 (c) The legislative auditor shall submit an annual report to the Senate
2 Committee on Senate and Governmental Affairs and the House Committee on
3 House and Governmental Affairs on or before May first of each year. The
4 report shall contain an overview of the election processes and controls and a
5 summary of the election reports completed by the legislative auditor during the
6 previous calendar year along with copies of those reports. The legislative
7 auditor shall present the annual report to the Senate Committee on Senate and
8 Governmental Affairs and the House Committee on House and Governmental
9 Affairs, meeting separately or jointly, not later than May thirty-first of each
10 year.
11 * * *
The original instrument was prepared by Michelle D. Ridge. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Matt DeVille.
DIGEST
SB 220 Engrossed 2021 Regular Session Cloud
Present law provides that parish registrars of voters shall keep and maintain all records
relating to absentee by mail and early voting for at least six months from the date of a
primary or general election, unless otherwise directed by a court order from pending
litigation relative to the election, for offices other than President of the United States, Vice
President of the United States, presidential elector, United States Senator, or United States
Representative.
Proposed law provides for these records to be retained for at least two years from the date
of the election.
Present law provides that parish registrars of voters shall keep and maintain all applications
for registration and registration records received for purposes of voting in an election for the
offices of President of the United States, Vice President of the United States, presidential
elector, United States Senator, or United States Representative for at least twenty-two
months from the date of the election.
Proposed law provides for these records be kept for at least two years from the date of the
election.
Present law provides every election official shall retain all records and papers in his
possession relating to the qualifying of candidates, selection of commissioners, alternate
commissioners, and watchers, and the conduct or results of a primary or general election for
at least six months after the date of the election, unless otherwise provided by present law.
Proposed law retains present law relative to retention of the enumerated types of materials
and additionally requires the retention of records and papers relating to any application,
registration, or other act requisite to voting in an election.
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Proposed law requires that all records and papers required to be retained by an election
official be kept for at least two years after the date of the election.
Present law provides all records and papers in the possession of an election official relating
to any application, registration, or other act requisite to voting in an election involving the
offices of President of the United States, Vice President of the United States, United States
Senator, United States Representative, or presidential elector shall be maintained for a period
of twenty-two months from the date of the election.
Proposed law provides records shall be maintained for at least two years from the date of the
election.
Present law provides that absentee by mail and early voting ballots submitted by a voter who
casts a vote in person at the precinct shall be marked as rejected, kept unopened for six
months, and destroyed.
Proposed law retains present law and provides for these records to be kept unopened for at
least two years from the date of the election.
Present law provides that all mail ballots received on or after election day shall not be
counted and shall be endorsed with the day and hour of receipt, kept unopened for six
months, then destroyed.
Proposed law retains present law and provides that these ballots be kept unopened for at least
two years from the date of the election.
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 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.
(Amends R.S. 18:158, 403, 1311(D)(4)(b), and 1312(D); adds R.S. 24:513(D)(7))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and
Governmental Affairs to the original bill
1. Makes technical changes to title and enacting clause.
2. Requires parish registrars of voters to preserve all records relative to absentee
by mail and early voting ballots for a period of at least two years from the
date of the election.
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3. Requires each election official to preserve all records and papers relating to
candidate qualifying, the selection of commissioners, alternate
commissioners, and watchers, and any application, registration, or other act
requisite to voting for at least two years from the date of the election.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.