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 Reengrossed 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.
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 election records and papers required to be preserved shall be public records
open to inspection by anyone.
Proposed law deletes present law.
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.
Proposed law provides that, notwithstanding any contrary provision of law, no local government
shall be assessed actual expenses incurred by the legislative auditor as a result of an election audit.
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.
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.
Senate Floor Amendments to engrossed bill
1. Remove requirement that retained election materials be public records open to
inspection by anyone.
2. Provides that no local government shall be assessed actual expenses incurred by the
legislative auditor as a result of an election audit.