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2021 Regular Session
SENATE BILL NO. 224
BY SENATOR CLOUD
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
VOTERS/VOTING. Provides for voter identification information and verification
requirements. (1/1/23)
1 AN ACT
2 To amend and reenact R.S. 18:1306(E)(1)(f), 1307(A)(9), 1309(D)(1)(b), 1313(G)(2),
3 1313.1(G)(2), and 1315(B) and to enact R.S. 18:1306(E)(1)(g) and 1307(A)(10),
4 relative to absentee by mail and early voting ballots; to provide for absentee by mail
5 ballot certificate requirements; to provide for absentee by mail ballot application
6 requirements; to prohibit the use of drop boxes; to provide for definitions; to provide
7 for early voting identity verification; to provide for tabulation and counting of
8 ballots; to provide for challenge of a ballot; and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 18:1306(E)(1)(f), 1307(A)(9), 1309(D)(1)(b), 1313(G)(2),
11 1313.1(G)(2), and 1315(B) are hereby amended and reenacted and R.S. 18:1306(E)(1)(g)
12 and 1307(A)(10) are hereby enacted to read as follows:
13 §1306. Preparation and distribution of absentee by mail and early voting ballots
14 * * *
15 E.(1) An absentee by mail ballot envelope also shall have a perforated
16 extension or flap below the sealing line, which shall bear a certificate prescribed by
17 the secretary of state and approved by the attorney general. The certificate shall
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 224
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1 include but not necessarily be limited to:
2 * * *
3 (f) The number of the voter's Louisiana driver's license or special
4 identification card issued pursuant to R.S. 40:1321 or the last four digits of the
5 voter's social security number if the voter does not have a Louisiana driver's
6 license or special identification card issued pursuant to R.S. 40:1321.
7 (g) An affidavit followed by a line for the handwritten signature or mark of
8 the voter, certifying that the statements made by him are true and correct and that the
9 voter is aware of the penalties for knowingly making a false statement therein, which
10 penalties shall be stated on the certificate.
11 * * *
12 §1307. Application by mail
13 A. A person qualified to vote absentee by mail under this Chapter may make
14 application therefor to the registrar by letter; over his signature or mark if the voter
15 is unable to sign his name, signed by two witnesses who witnessed the applicant's
16 mark; setting forth:
17 * * *
18 (9) The number of the voter's Louisiana driver's license or special
19 identification card issued pursuant to R.S. 40:1321 or the last four digits of the
20 voter's social security number if the voter does not have a Louisiana driver's
21 license or special identification card issued pursuant to R.S. 40:1321.
22 (10) If the person requests that a ballot for a general election be sent in
23 addition to a ballot for the primary, he shall declare in writing to the registrar that he
24 will be eligible to vote absentee by mail in the general election.
25 * * *
26 §1309. Early voting; verification
27 * * *
28 D.(1) * * *
29 (b) If the voter does not have one of the forms of identification provided in
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1 Subparagraph (a) of this Paragraph, the voter shall complete and sign, in the presence
2 of the registrar or his deputy, a voter identification affidavit to that effect provided
3 by the secretary of state, which affidavit shall include the voter's date of birth and
4 mother's maiden name and the last four digits of the voter's social security
5 number. If the voter is unable to read or write or is otherwise unable to complete the
6 affidavit due to disability, the voter may receive assistance in completing the
7 affidavit, and the registrar or his deputy shall make a notation on the affidavit. The
8 voter may receive the assistance of any person of his choice, including the registrar
9 or his deputy, except a candidate, the voter's employer or employer's agent, or the
10 voter's union agent. The registrar or his deputy shall retain the affidavit in the office
11 of the registrar of voters.
12 * * *
13 §1313. Tabulation and counting of absentee by mail and early voting ballots
14 * * *
15 G. The procedure for the preparation, verification, counting, and tabulation
16 of absentee by mail ballots shall be as follows:
17 * * *
18 (2) The board shall announce the name of each absentee by mail voter and
19 the ward and precinct where he is registered to vote, and shall compare the name,
20 mother's maiden name, and Louisiana driver's license or special identification
21 card number issued pursuant to R.S. 40:1321 or the last four digits of the
22 voter's social security number on the certificate or on the flap of the envelope
23 containing the absentee by mail ballot with the names voter's information on the
24 absentee by mail voter report.
25 * * *
26 §1313.1. Preparation, verification, tabulation, and counting of absentee by mail and
27 early voting ballots; parishes with one thousand or more absentee by
28 mail ballots
29 * * *
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 224
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1 G. The procedure for the preparation and verification process for the
2 tabulation and counting of absentee by mail ballots and early voting paper ballots on
3 the day before the election shall be as follows:
4 * * *
5 (2) The board shall announce the name of each absentee by mail voter, and
6 each voter who voted a paper ballot during early voting and the ward and precinct
7 where he is registered to vote, and shall compare the name, mother's maiden name,
8 and Louisiana driver's license or special identification card number issued
9 pursuant to R.S. 40:1321 or the last four digits of the voter's social security
10 number on the certificate or on the flap of the envelope containing the absentee by
11 mail ballot or early voting paper ballot with the names voter's information on the
12 absentee by mail voter report or early voter report, as applicable.
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). Reasons for challenging an absentee by mail
22 ballot for cause shall include, but not be limited to, the information provided on
23 the certificate or flap of the envelope containing the absentee by mail ballot not
24 matching the voter's information as it appears on his voter registration.
25 (2) Notwithstanding Paragraph (1) of this Subsection, for elections impaired
26 as a result of a declared disaster or emergency, during the preparation and
27 verification process for the counting of absentee by mail and early voting ballots
28 before an election in accordance with R.S. 18:1313.2, or the counting of absentee by
29 mail and early voting ballots on election day in accordance with R.S. 18:1313.2, any
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words in boldface type and underscored are additions. SB NO. 224
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1 candidate or his representative, member of the board, or qualified elector may
2 challenge an absentee by mail or early voting ballot for cause, other than those
3 grounds specified in R.S. 18:565(A).
4 * * *
5 Section 2. This Act shall become effective on January 1, 2023.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Matt DeVille.
DIGEST
SB 224 Engrossed 2021 Regular Session Cloud
Present law provides for the information required to be included on absentee by mail ballot
envelope certificate.
Proposed law retains the requirements in present law and additionally requires the certificate
to include the voter's Louisiana driver's license or special identification card number or last
four digits of the voter's social security number if the voter does not have a Louisiana
driver's license or special identification card.
Present law provides for the information required to be included on an application for an
absentee by mail ballot.
Proposed law retains the requirements in present law and additionally requires the
application to include the voter's Louisiana driver's license or special identification card
number or last four digits of the voter's social security number if the voter does not have a
Louisiana driver's license or special identification card.
Present law provides for the information required to be included on the affidavit utilized by
early voters who do not possess a Louisiana driver's license, special identification card, other
generally recognized picture identification card that contains the voter's name and signature,
or United States military picture identification card that contains the voter's name and
signature.
Proposed law retains the requirements in present law and additionally requires the affidavit
to include the last four digits of the voter's social security number.
Present law provides for the verification of the voter information contained on the certificate
or flap of the envelope containing an absentee by mail ballot by parish boards of election
supervisors during the counting and tabulation process.
Proposed law retains the verification of the information required in present law and further
requires verification of the additional voter information required to be provided on the
certificate or envelope flap in proposed law.
Present law provides for the grounds for challenging an absentee by mail or early voting
ballot during the counting preparation and verification process.
Proposed law retains present law and further provides that reasons for challenging an
absentee by mail ballot for cause shall include, but not be limited to, the information
provided on the certificate or flap of the envelope containing the absentee by mail ballot not
matching the voter's information as it appears on his voter registration.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 224
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Present law provides for the grounds for challenging an absentee by mail or early voting
ballots cast in an election impaired as a result of a declared disaster or emergency during the
counting preparation and verification process.
Proposed law deletes present law.
Effective January 1, 2023.
(Amends R.S. 18:1306(E)(1)(f), 1307(A)(9), 1309(D)(1)(b), 1313(G)(2), 1313.1(G)(2), and
1315(B); adds R.S. 18:1306(E)(1)(g) and 1307(A)(10))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and
Governmental Affairs to the original bill
1. Requires additional voter identification information to be provided on an
absentee by mail ballot and ballot application.
2. Requires parish board of election supervisors to verify additional required
voter information against the voter's registration record during the
preparation and verification process for the counting of absentee by mail
ballots.
3. Provides for grounds for challenging an absentee by mail ballot for cause.
4. Removes expiring language relative to the challenge of absentee by mail
ballots cast during an election impaired by a declared disaster or emergency.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.