RÉSUMÉ DIGEST
ACT 274 (HB 646) 2022 Regular Session Stefanski
Voter registration
Existing 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. Existing 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.
New law provides 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 within four years.
Existing law (R.S. 18:115) authorizes a person to register by mail to vote. Existing law
requires a person who registered by mail and who has not previously voted in the parish to
vote either during early voting or in person at the precinct in which he is registered to vote.
Prior law required that such a person early vote at the office of the registrar. New law
removes this requirement.
Existing 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. Existing law requires that the proof of a disability and certification be
provided by a physician.
New law provides additionally that an optometrist, physician assistant, or nurse practitioner
may provide such proof and certification.
Existing law (R.S. 18:154) provides that the records of each registrar of voters are public
records; however prohibits disclosure of 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.
Existing law provides exceptions to the prohibition of the disclosure of such information, one
of which is disclosure of the email address of a candidate to the Bd. of Ethics so that the
board may contact the candidate about campaign finance reporting.
New law further authorizes the board to contact candidates regarding the Code of
Governmental Ethics.
New law provides an additional exception authorizing 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.
Existing 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. Prior law authorized the disclosure of names and
addresses of such officers on a general list. New law removes the general list exception to the prohibition.
Election supervisors and commissioners-in-charge
Existing 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.
New law authorizes each person appointing or designating a member of the board to appoint
or designate an alternate appointee or designee if the appointee or designee cannot serve.
Existing 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.
New 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.
Existing 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. 1 through the end of Dec. of each
year.
New law provides that if the governor declares an emergency during this time period, the
clerk of court has until Jan. 31 of the following year to conduct the course.
Special and recall elections
Existing law (R.S. 18:602, 604, 621, 1278, 1279, 1300.7, 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 issues 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.
New 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.
Existing 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. Prior law also provided the petition was considered filed at
the time it was postmarked by the U.S. Postal Service or receipted on a return receipt request
form. New law repeals prior law.
New law 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.
Absentee and early voting
Existing 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.
New law provides that the specifications of the absentee by mail ballot envelopes shall be
determined by the secretary of state. Existing 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 to vote if they 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.
New law expands the duty of the secretary of state to include voters who are out of parish
due to work responsibilities relating to a declared emergency.
Existing law (R.S. 18:1309) provides relative to early voting, including provisions for
utilizing commissioners selected and trained by the registrar of voters.
For an election within one year of a declared emergency, new law 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.
Existing law (R.S. 18:1313 and 1313.1) provides relative to the tabulation of absentee by
mail and early voting ballots.
New 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.
Existing law provides for recounts, upon request by a candidate, of absentee by mail and
early voting ballots.
New law requires that the registrar preserve such ballots and prohibit their inspection until
they have been recounted.
Voting machines
Existing law (R.S. 18:1371) provides that the secretary of state shall contract for the delivery
of voting machines and other election equipment and supplies for which he is responsible to
voting precincts and for their return to storage warehouses.
New law further provides that the secretary of state may also contract for delivery of early
voting machines and equipment in parishes that have three or more early voting locations.
Special Committee on Campaign Finance Disclosure
Existing law (R.S. 18:1511.3) provides that the Supervisory Committee on Campaign
Finance Disclosure shall notify certain candidates of the deadline to submit an annual report
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.
New law retains existing law and provides that such notice may be mailed or sent via
electronic mail.
Prior law (R.S. 18:1532) required candidates and political committees to file election day
expenditure reports with the Supervisory Committee on Campaign Finance Disclosure.
New law repeals prior law.
Effective date
Effective in part upon governor's signature (June 3, 2022). Effective in part August 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)