HLS 22RS-728 ORIGINAL
2022 Regular Session
HOUSE BILL NO. 359
BY REPRESENTATIVE BEAULLIEU
ELECTIONS: Provides relative to federal election guidance and funding
1 AN ACT
2To enact R.S. 18:425.2, relative to elections; to provide relative to directives and guidance
3 from the federal government regarding elections; to require certain notifications
4 regarding such directives and guidance; to prohibit implementation of directive and
5 guidance under certain circumstance; to prohibit acceptance of federal funds for
6 elections under certain circumstances; to provide for an effective date; and to provide
7 for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 18:425.2 is hereby enacted to read as follows:
10 ยง425.2. Election officials; requirements and prohibitions
11 A. An election official who receives a federal directive or guidance
12 pertaining to elections shall notify, by certified mail, the governor, the speaker of the
13 Louisiana House of Representatives and the president of the Louisiana Senate of
14 such directive or guidance within five business days after receipt.
15 B.(1) No election official shall implement any federal directive or guidance
16 pertaining to elections without an explicit state or federal legal requirement to do so
17 or prior approval of the House Committee on House and Governmental Affairs and
18 the Senate Committee on Senate and Governmental Affairs as provided by this
19 Subsection.
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HB NO. 359
1 (2) If a state or federal law does not explicitly require the election official to
2 implement the directive or guidance, the official shall request the approval of such
3 implementation from the House Committee on House and Governmental Affairs and
4 the Senate Committee on Senate and Governmental Affairs. Such a request shall be
5 submitted by certified mail delivered to the chairman of each committee. The
6 official shall implement or refrain from implementing the directive or guidance as
7 follows:
8 (a) If both committees vote to approve implementation, the official shall
9 implement the directive or guidance.
10 (b) If neither committee votes to prohibit implementation within thirty days
11 after receipt of the request from the official, the official shall implement the directive
12 or guidance.
13 (c) If either committee votes to prohibit the implementation within thirty
14 days after receipt of the request from the official, the official shall not implement the
15 directive or guidance.
16 C.(1) No election official shall accept or disperse federal elections funds
17 without an explicit state or federal legal requirement to do so or prior approval of the
18 Joint Legislative Committee on the Budget as provided by this Subsection.
19 (2) If a state or federal law does not explicitly require the election official to
20 accept and disperse the particular federal election funds, the official shall request the
21 approval of such acceptance and dispersal from the Joint Legislative Committee on
22 the Budget. Such a request shall be submitted by certified mail delivered to the
23 chairman of the Joint Legislative Committee on the Budget. The official shall accept
24 and disperse the funds or refrain from accepting and dispersing the funds as follows:
25 (a) If the committee votes to authorize acceptance and dispersal of such
26 funds, the official shall accept and disperse the funds.
27 (b) If the committee does not vote to disapprove the acceptance and dispersal
28 of funds within thirty days after receipt of the request from the official, the official
29 shall accept and disperse the funds.
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HB NO. 359
1 (c) If the committee votes to disapprove the acceptance and dispersal of
2 funds within thirty days after receipt of the request from the official, the official shall
3 not accept or disperse the funds.
4 (3) If an election official accepts and disperses federal election funds in
5 violation of this Subsection, the attorney general shall pursue any available legal
6 means to enjoin the official from doing so and to recover expended funds.
7 D. For purposes of this Section, "election official" shall have the same
8 meaning as provided in R.S. 18:1466(2).
9 Section 2. This Act shall become effective upon signature by the governor or, if not
10signed by the governor, upon expiration of the time for bills to become law without signature
11by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If
12vetoed by the governor and subsequently approved by the legislature, this Act shall become
13effective on the day following such approval.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 359 Original 2022 Regular Session Beaullieu
Abstract: Prohibits implementation of federal election directives and guidance and
spending of federal money for elections under certain conditions.
Proposed law requires and prohibits certain actions related to elections by the secretary of
state and his employees, registrars of voters and their employees, clerks of court and their
employees, parish boards of election supervisors and their employees, commissioners-in-
charge, and commissioners, all referred to in this digest as election officials.
Proposed law requires an election official who receives a federal directive or guidance
pertaining to elections to notify the governor, the speaker of the La. House of
Representatives and the president of the La. Senate of such directive or guidance within five
business days.
Proposed law prohibits an election official from implementing any federal directive or
guidance pertaining to elections unless the implementation is explicitly required by law or
one of the following applies:
(1)The House Committee on House and Governmental Affairs and the Senate
Committee on Senate and Governmental Affairs approve the implementation.
(2)Neither committee prohibits the implementation within 30 days after receipt of a
request from the official for authority to implement the directive or guidance.
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HB NO. 359
Proposed law prohibits an election official from accepting or dispersing federal elections
funds unless the acceptance and dispersal is explicitly required by law or one of the
following applies:
(1)The Joint Legislative Committee on the Budget votes to approve the acceptance and
dispersal of the funds.
(2)The Joint Legislative Committee on the Budget does not vote to disapprove the
acceptance and dispersal within 30 days after receipt of a request from the official
for authority to accept and disperse the funds.
Proposed law provides that if an election official accepts and disperses federal election funds
in violation of proposed law, the attorney general shall pursue any available legal means to
enjoin the official from doing so and to recover expended funds.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 18:425.2)
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