HLS 23RS-907 ENGROSSED
2023 Regular Session
HOUSE BILL NO. 519
BY REPRESENTATIVE CARPENTER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
VOTERS/VOTING: Provides relative to absentee voting by qualified incarcerated voters
1 AN ACT
2To amend and reenact R.S. 1308(B)(1) and to enact R.S. 18:115(F)(2)(f), 1307(B)(1)(e), and
3 1308(B)(3), relative to absentee voting by mail; to provide for voting by qualified
4 incarcerated voters; to provide for absentee by mail voting following registration by
5 mail; to provide for the collection of absentee by mail voting applications and ballots
6 by the registrar of voters; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 18:1308(B)(1) is hereby amended and reenacted and R.S.
918:115(F)(2)(f), 1307(B)(1)(e), and 1308(B)(3) are hereby enacted to read as follows:
10 §115. Registration by mail
11 * * *
12 F.
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14 (2) The provisions of Paragraph (1) of this Subsection shall not apply in the
15 case of the following:
16 * * *
17 (f) A person incarcerated in an institution inside or outside the parish in
18 which he is qualified to vote, who requests to vote absentee by mail pursuant to R.S.
19 18:1303(G).
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HB NO. 519
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2 §1307. Application by mail
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4 B.(1)
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6 (e) Prior to the date and time provided for in Paragraph (2) of this
7 Subsection, the registrar of voters shall collect completed applications to vote by
8 mail for any registered voter who is under the control and custody of the sheriff's
9 office and who makes application to vote absentee by mail pursuant to R.S.
10 18:1303(G) directly from each jail or other location within the jurisdiction of the
11 registrar of voters where a person is placed under the control and custody of the
12 sheriff's office.
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14 §1308. Absentee voting by mail
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16 B.(1) The ballot shall be marked as provided in R.S. 18:1310 and returned
17 to the registrar by the United States Postal Service, a commercial courier, or hand
18 delivery. However, the registrar of voters shall collect the ballot of a registered voter
19 who is under the control and custody of the sheriff's office and who is voting
20 absentee by mail pursuant to R.S. 18:1303(G). If delivered by other than the voter,
21 a commercial courier, or the United States Postal Service, the registrar shall require
22 that the person making such delivery sign a statement, prepared by the secretary of
23 state, certifying that he has the authorization and consent of the voter to hand deliver
24 the marked ballot. For purposes of this Subsection, "commercial courier" shall have
25 the same meaning as provided in R.S. 13:3204(D). No person except the immediate
26 family of the voter, as defined in this Code, shall hand deliver more than one marked
27 ballot per election to the registrar. Upon its receipt, the registrar shall post the name
28 and precinct of the voter as required by R.S. 18:1311.
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are additions. HLS 23RS-907 ENGROSSED
HB NO. 519
1 (3) Prior to the date and time provided for in Subsection C of this Section,
2 the registrar of voters shall collect the ballot of each registered voter who is under
3 the control and custody of the sheriff's office who is voting absentee by mail
4 pursuant to R.S. 18:1303(G) directly from each jail or other location where an
5 absentee by mail ballot was sent in response to an application to vote by mail
6 collected by the registrar pursuant to R.S. 18:1307(B)(1)(e).
7 * * *
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 519 Engrossed 2023 Regular Session Carpenter
Abstract: Provides that an eligible incarcerated voter may vote absentee by mail after
applying to vote by mail and requires the registrar of voters to collect completed
applications and ballots from qualified incarcerated voters.
Present law (R.S. 18:1303(G)) authorizes a person who is incarcerated in an institution
inside or outside the parish in which he is qualified to vote but who is not under an order of
imprisonment for conviction of a felony to vote absentee by mail upon certification to the
appropriate registrar by the sheriff of the parish where the person is incarcerated that he is
not a convicted felon.
Proposed law retains present law.
Present law (R.S. 18:115) requires a registered voter who has registered by mail and has not
previously voted in the parish to vote in person either at a location where early voting is
conducted or at the precinct in which he is registered to vote.
Proposed law retains present law with the exception that an incarcerated voter who is
otherwise authorized by present law to vote absentee by mail is not required to vote in
person.
Present law (R.S. 18:1307) authorizes certain voters, including incarcerated qualified voters,
to apply by mail for an absentee by mail ballot. Further requires that an application must be
received by the registrar not later than 4:30 p.m. on the fourth day prior to the election for
which it is requested. Proposed law retains present law.
Proposed law provides that prior to the deadline provided in present law, the registrar of
voters shall collect completed applications to vote by mail for any registered voter who is
under the control and custody of the sheriff's office directly from each jail or other location
within the jurisdiction of the registrar of voters where a person is placed under the control
and custody of the sheriff's office.
Present law (R.S. 18:1308) authorizes eligible voters to return a marked absentee by mail
ballot to the registrar of voters. Further requires that all ballots received by the registrar by
4:30 p.m. on the day before election day be counted.
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HB NO. 519
Proposed law retains present law and further provides that prior to the deadline provided in
present law, the registrar of voters shall collect the absentee by mail ballot of each registered
voter who is under the control and custody of the sheriff directly from each jail or other
location where an absentee by mail ballot was sent in response to an application to voter by
mail pursuant to proposed law.
(Amends R.S. 1308(B)(1); Adds R.S. 18:115(F)(2)(f), 1307(B)(1)(e), and 1308(B)(3))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the original bill:
1. Remove provisions authorizing the sheriff to deliver completed applications and
ballots to the registrar of voters.
2. Add provisions requiring the registrar of voters to collect completed applications
and ballots from qualified incarcerated voters.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.