HLS 22RS-728 ENGROSSED
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 that is not published on the secretary of state's website shall
13 notify, by certified mail, the governor, the speaker of the Louisiana House of
14 Representatives and the president of the Louisiana Senate of such directive or
15 guidance within five business days after receipt.
16 B.(1) No election official shall implement any federal directive or guidance
17 pertaining to elections without an explicit state or federal legal requirement to do so
18 or prior approval of the House Committee on House and Governmental Affairs and
19 the Senate Committee on Senate and Governmental Affairs, after consulting with the
20 secretary of state or his designee, as provided by this 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, an official who wishes to implement the
3 guidance or directive shall request the approval of such implementation from the
4 House Committee on House and Governmental Affairs and the Senate Committee
5 on Senate and Governmental Affairs. Such a request shall be submitted by certified
6 mail delivered to the chairman of each committee. The official shall implement or
7 refrain from implementing the directive or guidance as follows:
8 (a) If both committees vote to approve implementation, after consulting with
9 the secretary of state or his designee, the official shall implement the directive or
10 guidance.
11 (b) If neither committee votes to prohibit implementation within thirty days
12 after receipt of the request from the official, the official shall implement the directive
13 or guidance.
14 (c) If either committee votes to prohibit the implementation, after consulting
15 with the secretary of state or his designee, within thirty days after receipt of the
16 request from the official, the official shall not implement the directive or guidance.
17 C.(1) No election official shall accept or disperse new federal elections funds
18 without an explicit state or federal legal requirement to do so or prior approval of the
19 Joint Legislative Committee on the Budget as provided by this Subsection. Nothing
20 in this Section shall be construed to pertain to funds provided under the Help
21 America Vote Act or any other funding subject to state or federal law regarding its
22 acceptance and dispersal.
23 (2) If a state or federal law does not explicitly require the election official to
24 accept and disperse the particular federal election funds, an official who wishes to
25 accept and disperse such funds shall request the approval of such acceptance and
26 dispersal from the Joint Legislative Committee on the Budget, after consulting with
27 the secretary of state or his designee. Such a request shall be submitted by certified
28 mail delivered to the chairman of the Joint Legislative Committee on the Budget.
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HB NO. 359
1 The official shall accept and disperse the funds or refrain from accepting and
2 dispersing the funds as follows:
3 (a) If the committee votes to authorize acceptance and dispersal of such
4 funds, after consulting with the secretary of state or his designee, the official shall
5 accept and disperse the funds.
6 (b) If the committee does not vote to disapprove the acceptance and dispersal
7 of funds within thirty days after receipt of the request from the official, the official
8 shall accept and disperse the funds.
9 (c) If the committee votes to disapprove the acceptance and dispersal of
10 funds, after consulting with the secretary of state or his designee, within thirty days
11 after receipt of the request from the official, the official shall not accept or disperse
12 the funds.
13 (3) If an election official accepts and disperses federal election funds in
14 violation of this Subsection, the attorney general shall pursue any available legal
15 means to enjoin the official from doing so and to recover expended funds.
16 D. For purposes of this Section, "election official" shall have the same
17 meaning as provided in R.S. 18:1466(2).
18 Section 2. This Act shall become effective upon signature by the governor or, if not
19signed by the governor, upon expiration of the time for bills to become law without signature
20by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If
21vetoed by the governor and subsequently approved by the legislature, this Act shall become
22effective 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 Engrossed 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
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HB NO. 359
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 that is not published on the secretary of state's website 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 after
consulting with the secretary of state or his designee.
(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.
Proposed law prohibits an election official from accepting or dispersing new 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 after consulting with the secretary of state or his designee.
(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)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the original bill:
1. Require the legislative committees to consult with the secretary of state or his
designee before taking an action contemplated by proposed law.
2. Limit applicability of proposed law regarding acceptance and dispersal of federal
elections funds to "new" federal funds.
3. Exempt directives and guidance that are posted on the secretary of state's website
from the notification requirements or proposed law.
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