ENROLLED
2022 Regular Session
HOUSE BILL NO. 359
BY REPRESENTATIVES BEAULLIEU AND GAROFALO
1 AN ACT
2 To 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.
8 Be 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.
21 (2) If a state or federal law does not explicitly require the election official to
22 implement the directive or guidance, an official who wishes to implement the
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1 guidance or directive shall request the approval of such implementation from the
2 House Committee on House and Governmental Affairs and the Senate Committee
3 on Senate and Governmental Affairs. Such a request shall be submitted by certified
4 mail delivered to the chairman of each committee. The official shall implement or
5 refrain from implementing the directive or guidance as follows:
6 (a) If both committees vote to approve implementation, after consulting with
7 the secretary of state or his designee, the official shall implement the directive or
8 guidance.
9 (b) If neither committee votes to prohibit implementation within thirty days
10 after receipt of the request from the official, the official shall implement the directive
11 or guidance.
12 (c) If either committee votes to prohibit the implementation, after consulting
13 with the secretary of state or his designee, within thirty days after receipt of the
14 request from the official, the official shall not implement the directive or guidance.
15 C.(1) No election official shall accept or disperse new federal elections funds
16 without an explicit state or federal legal requirement to do so or prior approval of the
17 Joint Legislative Committee on the Budget as provided by this Subsection. Nothing
18 in this Section shall be construed to pertain to funds provided under the Help
19 America Vote Act or any other funding subject to state or federal law regarding its
20 acceptance and dispersal.
21 (2) If a state or federal law does not explicitly require the election official to
22 accept and disperse the particular federal election funds, an official who wishes to
23 accept and disperse such funds shall request the approval of such acceptance and
24 dispersal from the Joint Legislative Committee on the Budget, after consulting with
25 the secretary of state or his designee. Such a request shall be submitted by certified
26 mail delivered to the chairman of the Joint Legislative Committee on the Budget.
27 The official shall accept and disperse the funds or refrain from accepting and
28 dispersing the funds as follows:
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1 (a) If the committee votes to authorize acceptance and dispersal of such
2 funds, after consulting with the secretary of state or his designee, the official shall
3 accept and disperse the funds.
4 (b) If the committee does not vote to disapprove the acceptance and dispersal
5 of funds within thirty days after receipt of the request from the official, the official
6 shall accept and disperse the funds.
7 (c) If the committee votes to disapprove the acceptance and dispersal of
8 funds, after consulting with the secretary of state or his designee, within thirty days
9 after receipt of the request from the official, the official shall not accept or disperse
10 the funds.
11 (3) If an election official accepts and disperses federal election funds in
12 violation of this Subsection, the attorney general shall pursue any available legal
13 means to enjoin the official from doing so and to recover expended funds.
14 D. For purposes of this Section, "election official" shall have the same
15 meaning as provided in R.S. 18:1466(2).
16 Section 2. This Act shall become effective upon signature by the governor or, if not
17 signed by the governor, upon expiration of the time for bills to become law without signature
18 by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If
19 vetoed by the governor and subsequently approved by the legislature, this Act shall become
20 effective on the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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