The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Matt DeVille.
DIGEST
SB 221 Original 2021 Regular Session Hewitt
Present law defines both voting machines and electronic voting machines.
Proposed law consolidates this definition to "voting machine" only and removes references to
"electronic voting machines" in present law.
Present law provides that the secretary of state may prescribe rules and regulations regarding the
preparation and use of voting systems that shall be approved by the attorney general.
Proposed law requires the secretary of state to promulgate these rules in accordance with the
Administrative Procedure Act and subject to legislative oversight and removes the requirement for
approval by the attorney general.
Present law provides that the secretary of state is responsible for all matters involving the
procurement, sales, transfers of voting systems and any affiliated bids or requests for proposals to
purchase new voting systems.
Proposed law retains present law and additionally requires the secretary of state to perform these
duties in coordination with the office of state procurement and develop certification standards for
voting systems in accordance with the Administrative Procedure Act and subject to legislative
oversight.
Present law provides that the secretary of state may examine any voting system or system component
upon the request of a representative of the system's maker or supplier, and certify the system for use
in the state if it meets criteria established in present law.
Proposed law provides that the secretary is required to examine and certify any voting system or
system component upon request and must develop and adopt appropriate certification standards prior
to soliciting bids for any new voting system.
Present law provides that the secretary of state may employ experts to assist with the examination
of voting systems or system components.
Proposed law requires the secretary of state to employ such experts.
Present law provides all voting systems or system components shall be procured by the secretary of
state on the basis of a competitive request for proposal or solicitation of public bids in accordance
with specifications in present law that may require tests and examinations of operations of the voting
system or system components. Proposed law provides that the secretary of state must procure all voting systems or system
components in accordance with specifications developed by a commission established in proposed
law that mandate testing and examination of the voting system or system components.
Proposed law creates the Voting System Technology Commission to analyze available voting
systems and issue a report to the secretary of state directing him on which type of voting system to
solicit bids or requests for proposals.
Proposed law creates the Voting System Technology Proposal Review Committee to investigate and
test the voting systems that meet the qualifications established by the Voting System Technology
Commission and determine which voting system to direct the secretary of state to pursue.
Present law provides that the secretary of state shall determine the sufficiency of voting machines
and absentee by mail and early voting counting equipment necessary to conduct an election at his
discretion.
Proposed law requires the secretary of state to evaluate the sufficiency of this equipment annually
in consultation with the Voting Systems Technology Commission.
Present law provides that the secretary of state may utilize any procedure necessary to accommodate
the use of paging direct record electronic voting machines for voting where possible.
Proposed law repeals present law.
Effective August 1, 2021.
(Amends R.S. 18:18(A)(7), 1351(13), 1353(B), (C)(intro para) and (C)(2), and (D), 1361, 1362(A),
and 1364(A); adds R.S. 18:1362.1 and 1362.2 and 36:744(O) and (P); repeals R.S. 18:553.1,
1351(5), 1352(C), and 1365)