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 646 Reengrossed 2022 Regular Session Stefanski
Abstract: Makes revisions to the La. Election Code.
Present law (R.S. 18:59.4) creates the La. Voter Registration Administrators' Certification Program
to formalize and recognize the professional standards of registrars of voters, chief deputy registrars,
and confidential assistants to registrars of voters in the state. Present law provides that one of the
requirements of certification is 144 hours of course work to be completed within five years.
Requires certification renewal every three years.
Proposed law retains present law except to provide that if a gubernatorially declared disaster impacts
the certification process, the time period for completing the course work is six years and the
certification renewal is required every four years.
Present law (R.S. 18:115) authorizes a person to register by mail to vote. Requires a person who
registered by mail and who has not previously voted in the parish to vote either:
(1)During early voting in the office of the registrar of voters.
(2)In person at the precinct in which he is registered to vote.
Proposed law provides that a person who registered by mail may vote during early voting at any
location where early voting is conducted rather than requiring that he vote at the registrar's office.
Present law provides exceptions to these limitations on where such a person may vote; provides that
a person with a disability is exempt if he provides proof of the disability and a certification that
because of the disability he cannot vote in person and he meets other requirements.
Present law requires that the proof of a disability and certification that the person cannot vote in
person be provided by a physician. Proposed law provides additionally that an optometrist, physician
assistant, or nurse practitioner may provide such proof and certification.
Present law (R.S. 18:154) provides that the records of each registrar of voters are public records;
however prohibits disclosure of the fact that a registered voter is entitled to assistance in voting and
the following information of a registered voter:
(1)The social security number. (2)The driver's license number.
(3)The day and month of the date of birth.
(4)The mother's maiden name.
(5)The electronic mail address, except a registered voter who has qualified as a candidate for
public office.
(6)The short message service number.
Present law provides exceptions to the prohibition on the disclosure of such information. One such
exception authorizes disclosure of the email address of a candidate to the Bd. of Ethics so that the
board can contact the candidate about campaign finance reporting.
Proposed law further authorizes the board to contact candidates regarding the Code of Governmental
Ethics.
Proposed law provides an additional exception; authorizes the Dept. of State or registrar of voters
to transmit the full date of birth and mother’s maiden name of a registered voter to the La. Dept. of
Health to amend the voter's birth certificate.
Present law specifically prohibits disclosing the name and address of a law enforcement officer if
he is engaging in hazardous activities to the extent that it is necessary for his name and address to
be kept confidential. However, present law authorizes the disclosure of names and addresses of such
officers on a general list.
Proposed law removes the general list exception to the prohibition.
Present law (R.S. 18:423) creates a board of election supervisors for each parish to supervise the
preparation for and the conduct of all elections held in the parish. Provides that the board is
comprised of the registrar of voters, the clerk of court, the chairman of the parish executive
committee of each recognized political party or his designee who shall be a member of the parish
executive committee of the same recognized political party, and one member appointed by the
governor.
Proposed law authorizes each person appointing or designating a member to serve on the board to
appoint or designate an alternate appointee or designee if the appointee or designee cannot serve.
Present law provides that each member of the parish board of election supervisors shall receive $50
for each day, not to exceed six days, spent preparing for and supervising an election; provides that
for a presidential or regularly scheduled congressional general election, the members receive
compensation for seven days.
Proposed law makes the provision for seven days of compensation applicable to regularly scheduled congressional primary elections as well. Provides that the limits on the number of days a member
may be compensated applies collectively to each position on the board, regardless of the designees
or alternate appointees or designees that serve in the position.
Present law (R.S. 18:433) requires the clerk of court to conduct a course of instruction for
commissioners-in-charge during the period beginning Aug. 1st through the end of Dec. of each year.
Proposed law provides that the clerk of court has until Jan. 31st to conduct the course if a
gubernatorially declared state of emergency occurs during the otherwise required period.
Present law (R.S. 18: 602, 604, 621, 1278, 1279, and 1307) provides for special elections to fill
vacancies in various elective offices and for recall elections. Provides that the governor or a local
governing authority issue a proclamation calling such a special election. Requires that the
proclamation be published in the official journal of each parish in which the election is to be held.
Proposed law provides that the secretary of state, rather than the governor, is responsible for
publishing the proclamation in the appropriate official journals if the governor issued the
proclamation.
Present law (R.S. 18:1300.2) provides a process for citizens to petition for an election to recall a
public officer. Provides that the petition is considered filed when it is received in the office of the
secretary of state, or at the time it is postmarked by the U.S. Postal Service or is receipted on a return
receipt request form.
Proposed law removes provisions for considering postmark or return receipt dates as the date of
filing; provides that the petition is filed when it is received by the secretary of state. Further provides
that upon receipt of the petition, the secretary of state shall produce a report of the number of
qualified electors in the jurisdiction of the office being recalled and shall notify the registrar of voters
of the number of qualified electors for issuance of the certification. (Present law requires the
registrar to certify various information regarding the petition, including the number of qualified
electors who signed the petition.)
Present law (R.S. 18:1306) requires the secretary of state to prepare absentee by mail ballot
envelopes, instructions, certificates, and other balloting paraphernalia, subject to approval of the
attorney general as to content.
Proposed law provides that the specifications of the absentee by mail ballot envelopes shall be
determined by the secretary of state.
Present law (R.S. 18:1308) provides relative to voting by mail and by electronic transmission of
ballots. Provides relative to the duties of the secretary of state regarding such voting, including a
requirement that he take all actions reasonably necessary to allow registered voters who are unable
to vote during early voting or at the polling place on election day due to out-of-state work
responsibilities relating to a declared emergency to vote. Proposed law retains present law and expands the duty of the secretary of state to include voters who
are out of their home parish due to work responsibilities relating to a declared emergency.
Present law (R.S. 18:1309) provides relative to early voting, including provisions for utilizing
commissioners selected and trained by the registrar of voters.
Proposed law for an election within one year of a declared emergency, authorizes a registrar of voters
who determines that there is a parishwide shortage of early voting commissioners because a
significant number of early voting commissioners have been temporarily displaced due to the
declared emergency to send a request to the secretary of state for additional early voting
commissioners from other parishes. Provides that the secretary of state shall approve the request if
he determines that there is a need for additional early voting commissioners and that the allocation
of additional commissioners is feasible. Provides otherwise with respect to such commissioners.
Provides that they may be reimbursed for travel expenses if reimbursement is approved by the
secretary of state.
Present law (R.S. 18:1313 and 1313.1) provides relative to the tabulation of absentee by mail and
early voting ballots.
Proposed law removes a requirement that the results of such tabulation be announced in the order
the offices and candidates and propositions are listed on the ballot. Adds a requirement that the
results be posted at the location where the tabulation was conducted and at the registrar's office.
Present law provides for recounts, upon request by a candidate, of absentee by mail and early voting
ballots.
Proposed law requires that the registrar preserve such ballots and prohibit their inspection until they
have been recounted.
Present law (R.S. 18:1371) provides that the secretary of state shall contract for the delivery to the
voting precincts of the machines and other election equipment and supplies for which he is
responsible and for their return to the storage warehouses.
Proposed law retains present law and provides that the secretary of state may also contract for
delivery early voting machines and equipment in parishes that have three or more early voting
locations.
Present law (R.S. 18:1511.3) provides that the Supervisory Committee on Campaign Finance
Disclosure shall notify certain candidates of the deadline to submit the annual report as provided in
R.S. 18:1491.6(E) and 18:1495.4(E) and of the information required in the report. Further provides
that each notice shall be mailed at least 30 days prior to the date the report is due.
Proposed law retains present law and provides that such notice may be mailed or sent via electronic
mail. Present law (R.S. 18:1532) requires candidates and political committees to file election day
expenditure reports with the Supervisory Committee on Campaign Finance Disclosure that include
the total amount of expenditure made on election day for the following:
(1)Television advertising.
(2)Radio advertising.
(3)Newspaper advertising.
(4)Services by election day workers.
(5)Contributions or expenditures to organizations for election day activities or services in
support of a candidate or candidates or in opposition to a candidate or candidates.
(6)Automated calls using a prerecorded or artificial voice as part of the calling.
Proposed law repeals present law.
Effective in part upon governor's signature or lapse of time for gubernatorial action. Effective in part
Aug. 1, 2022.
(Amends R.S. 18:59.4(D)(2) and (E)(2)(c), 115(F)(1)(intro. para.) and (a) and (2)(a)(iii),
154(C)(2)(c) and (D)(1) and (2), 423(C), (E), and (H), 433(A)(1) and (5), (B)(1), and (D), 434(D)(2),
435(B)(1)(b), 602(E)(2)(b), 604(B)(2)(b), 621(B), 1278(B), 1279, 1300.2(C)(1), 1300.7(B),
1306(B)(1), 1308(A)(2)(j)(ii), 1309(J), 1313(H)(13) and (K)(2)(a), 1313.1(I)(5) and (L)(2)(a), 1371,
and 1511.3(E); Adds R.S. 18:154(C)(2)(f); Repeals R.S. 18:1532)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original bill:
1. Make technical changes.
2. Allow the secretary of state to contract for the delivery of election machines and
equipment to early voting locations in parishes that have three or more early voting
locations.
3. Specify that the secretary of state shall publish the proclamation for certain special
elections when the governor issued the proclamation.
4. Allow the Supervisory Committee on Campaign Finance Disclosure to deliver notices
relative to annual reports to certain candidates via electronic mail.