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2023 Regular Session
SENATE BILL NO. 123
BY SENATOR HENRY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ELECTION CODE. Provides relative to recall petitions. (8/1/23)
1 AN ACT
2 To amend and reenact R.S. 18:3(A), 1300.2(A)(2), (C)(1) and (2), and (D), 1300.3(A) and
3 (B), and 1300.5 and R.S. 44:4.1(B)(10), relative to recall elections; to provide
4 relative to recall petitions; to provide relative to public records; and to provide for
5 related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 18:3(A), 1300.2(A)(2), (C)(1) and (2), and (D), 1300.3(A) and (B),
8 and 1300.5 are hereby amended and reenacted to read as follows:
9 §3. Petitions submitted to registrars of voters
10 A. Notwithstanding any other provision of law to the contrary, every petition
11 submitted to a registrar of voters for certification shall contain the following
12 information:
13 (1) The handwritten signature of the voter who is signing the petition;
14 however, if a person is unable to write, the incapacitated person shall affix his mark
15 to the petition and the person circulating the petition shall affix the name of the
16 incapacitated person provided he does so in the presence of two witnesses who shall
17 also sign their names as witnesses to the mark.
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1 (2) The date month, day, and year the voter signed the petition.
2 (3) The signer's ward, precinct, and year of birth.
3 (4) The address at which the signer is registered to vote, including municipal
4 number, apartment number, rural route, and box number.
5 (5) Name of the signer either typed or legibly written.
6 (6) Name The printed name of the person who witnessed and who obtained
7 the signature either typed or legibly written.
8 (7) Date The month, day, and year on which the person witnessed and
9 obtained the signature.
10 * * *
11 §1300.2. Petition for recall election; campaign finance disclosure
12 A. * * *
13 (2) The secretary of state shall provide a form approved by the attorney
14 general to be used for the petition for a recall election. Such form shall include
15 pre-printed line numbers and shall be in conformity with the all other provisions
16 of this Chapter and R.S. 18:3. All recall petitions shall be on an approved form or on
17 a form which contains the same information as required by the approved form and
18 any petition not on such a form shall be invalid.
19 * * *
20 C.(1) Prior to the entering of any signatures on a petition, the chairman
21 designated to represent the petitioners shall file with the secretary of state a copy of
22 the recall petition which will be used and copies of a picture identification that
23 contain the name and signature of the chairman and vice chairman, respectively, or
24 copies of current utility bills, bank statements, government checks, paychecks, or
25 other government documents that show the name and address of the chairman and
26 vice chairman, respectively. Upon receipt of the recall petition, the secretary of
27 state shall provide to the chairman and vice chairman, respectively, a document
28 prepared by the secretary of state in conjunction with the Louisiana Registrars
29 of Voters Association, subject to approval as to content by the attorney general,
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1 providing general information on petition requirements and deadlines. Upon
2 receipt of the recall petition, the secretary of state shall endorse thereon the fact and
3 the date of filing, and this unsigned copy of the recall petition shall be a public
4 record. A copy shall be transmitted by the secretary of state to the registrar of voters
5 for each parish in which the recall election is to be held. The chairman shall list on
6 the petition every parish that is wholly or partially within the voting area where the
7 recall election is to be held. The petition shall be considered filed when it is received
8 in the office of the secretary of state. Upon receipt of the recall petition, the secretary
9 of state shall produce a report of the number of qualified electors in the voting area
10 wherein the recall election is sought effective on the date of receipt of the recall
11 petition and shall notify the registrar of voters in each parish in the voting area of the
12 number of qualified electors of the voting area in the parish for issuance of the
13 certification.
14 (2)(a) The signed and dated petition shall be submitted to the registrar of
15 voters for each parish within the voting area not later than one hundred eighty days
16 after the day on which the copy of the petition was filed with the secretary of state;
17 however, where fewer than one thousand qualified electors reside within the voting
18 area, the petition shall be submitted to the registrar of voters not later than ninety
19 days after the day on which the copy of the petition is filed with the secretary of
20 state. If the final day for submitting the signed and dated petition falls on a Saturday,
21 Sunday, or legal holiday, the deadline for filing such petition shall be on the next day
22 which is not a Saturday, Sunday, or legal holiday. Upon receipt of the petition, the
23 registrar of voters shall affix the date received and a page number to the front
24 of each page of the petition.
25 (b) In conjunction with the recall petition the chairman shall also submit
26 to the registrar of voters an affidavit verifying the number of signatures
27 submitted along with an attestation that to the best of his knowledge, all
28 documents submitted are originals and not photocopies.
29 * * *
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1 D. Each elector, at the time of signing the petition, shall enter his address and
2 the date on which he signed beside or underneath his signature; however, if a person
3 is unable to write, as provided in R.S. 18:1300.4, the two witnesses shall date their
4 signatures. In addition, each petition shall be in compliance with the provisions of
5 R.S. 18:3. In determining the number of qualified electors who signed the petition
6 in any parish, the registrar of voters shall not count any signature which is undated
7 does not comply with all of the requirements of R.S. 18:3 or bears a date prior to
8 the date on which the copy of the petition initially was filed with the secretary of
9 state or after the date of the submission of the petition to the registrar except as
10 otherwise provided in R.S. 18:1300.3(B). The registrar shall not receive or certify a
11 petition submitted to him for certification unless it is submitted to him timely.
12 * * *
13 §1300.3 Certification of registrar of voters; addition or withdrawal of signatures;
14 designation as a public record; form of names
15 A. The registrar of voters of each parish in the voting area wherein a recall
16 election is sought shall certify on the recall petition, within fifteen twenty working
17 days after it is presented to him for that purpose, the number of names appearing
18 thereon, the number of qualified electors of the voting area within the parish whose
19 handwritten signatures appear on the petition, and also the total number of electors
20 of the voting area within the parish as of the date of the filing of the petition with the
21 secretary of state. However, if any parish wholly or partially within the voting area
22 has more than fifty thousand registered voters, the registrar of voters for each parish
23 within the voting area shall complete such certification on the recall petition within
24 twenty thirty working days after it is presented to him for that purpose. If the
25 petition certification deadline occurs during the time period commencing
26 forty-five days before a primary election and ending on the date of the
27 corresponding general election, the registrar of voters for each parish in the
28 voting area shall be granted an additional ten working days to complete the
29 certification or an additional twenty working days for any parish wholly or
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1 partially within the voting area that has more than fifty thousand registered
2 voters. If the final day for the registrar to certify the recall petition falls on a
3 Saturday, Sunday, or legal holiday, then the next day which is not a Saturday,
4 Sunday, or legal holiday shall be deemed to be the final day for certifying the recall
5 petition. Each registrar also shall indicate on the petition the names appearing
6 thereon who are not electors of the voting area. Each person who participates in the
7 review of the names on the petition for certification by the registrar as required in
8 this Section shall initial each of those portions of the petition which he reviews for
9 certification by the registrar. Except as otherwise provided by law, and in
10 accordance with R.S. 18:61, the registrar of voters for each parish in the voting
11 area may enlist the assistance of employees of the department of state and
12 registrars and deputy registrars of voters from other parishes to complete the
13 certification of the recall petition.
14 B.(1) The registrar of voters shall honor the written request of any voter who
15 either desires to have his handwritten signature stricken from the petition or desires
16 to have his handwritten signature added to the petition at any time after receipt of the
17 signed petition as provided in R.S. 18:1300.2(C) but prior to certification of the
18 petition or within five days after receipt of such signed petition, whichever is earlier.
19 If the deadline for removing or adding a signature to the petition falls on a Saturday,
20 Sunday, or legal holiday, then the next day which is not a Saturday, Sunday, or legal
21 holiday shall be deemed to be the deadline for removing or adding a signature to the
22 petition. The written request of the voter shall include the name and address of the
23 voter, the signature of the voter, the date of birth of the voter, and the date.
24 (2) Upon the signature of the voter, the written request of the voter to have
25 his signature stricken or added to the recall petition shall be a public record. Any
26 person in possession of such a written request shall be the custodian thereof. The
27 voter or any other person who is the custodian of the written request designated by
28 the voter shall transmit the written request to the registrar of voters for each parish
29 within the voting area by mail or directly by hand, immediately upon signature of the
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1 voter or upon receipt of the signed, written request.
2 (3) The written request of a voter to have his signature added to the
3 recall petition shall be a public record at the time the recall petition becomes
4 public record.
5 * * *
6 §1300.5. Chairman and vice chairman designated in petition; petition designated as
7 a public record
8 A. The recall petition shall designate a chairman to act for the signers of the
9 petition in all matters, and a vice chairman to act on order of the chairman or in case
10 of the death, disability, absence, or resignation of the chairman. The petition shall
11 include the full name, signature, and residence address of the chairman and the vice
12 chairman. The chairman and vice chairman each shall be a qualified voter in the
13 voting area from which the public official whose recall is being sought is elected.
14 B. Upon the passage of ninety days following the signature of the first
15 elector, the recall petition, including the name, address, and signature of each elector
16 who has signed thereon, shall be a public record. The chairman, or the vice chairman
17 when acting as the chairman, shall be the custodian thereof. The petition and the
18 custodian shall be subject to all of the provisions of R.S. 44:31 et seq.
19 C. Upon the filing of the petition pursuant to R.S. 18:1300.2(C)(2), the
20 chairman, or the vice chairman when acting as chairman, shall no longer be the
21 custodian thereof.
22 Section 2. R.S. 44:4.1(B)(10) is hereby amended and reenacted to read as follows:
23 §4.1. Exceptions
24 * * *
25 B. The legislature further recognizes that there exist exceptions, exemptions,
26 and limitations to the laws pertaining to public records throughout the revised
27 statutes and codes of this state. Therefore, the following exceptions, exemptions, and
28 limitations are hereby continued in effect by incorporation into this Chapter by
29 citation:
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1 * * *
2 (10) R.S. 18:43, 44, 114, 116, 154, 1300.3, 1300.5, 1308, 1491.5, 1495.3,
3 1511.8
4 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Matt DeVille.
DIGEST
SB 123 Engrossed 2023 Regular Session Henry
Present law provides recall petitions must contain certain information, including the date the
voter signed the petition, the name of the person who witnessed the signature, and the date
on which the witness saw the voter sign the petition.
Proposed law retains present law and further requires the month, day, and year the voter
signed the petition to be included, the typed or legibly written printed name of the witness,
and the month, day, and year the witness saw the voter sign the petition.
Present law requires the secretary of state to provide a form approved by the attorney general
to be used for the petition in a recall election.
Proposed law retains present law and further requires that the form must include pre-printed
line numbers.
Proposed law requires the secretary of state to provide a document providing general
information on petition requirements and deadlines to the chairman and vice chairman upon
receipt of a recall petition. Further requires the document to be prepared by the secretary of
state in conjunction with the La. Registrars of Voters Association and approved by the
attorney general.
Proposed law requires the registrar of voters to affix the date received and a page number
to the front of each page of a recall petition upon receipt.
Proposed law requires a chairman to submit to the registrar of voters in conjunction with a
recall petition an affidavit verifying the number of signatures submitted along with an
attestation that to the best of his knowledge all documents submitted are originals and not
photocopies.
Present law provides for recall elections. Provides for the filing of recall petitions with the
secretary of state. Requires the secretary of state to notify the registrar of voters in each
parish in the voting area where the recall election would be held. Provides for submission
of the signed and dated recall petition to the registrar of voters and notification of the public
officer who is the subject of the recall petition. Requires the registrar to certify the signed
petition.
Proposed law retains present law.
Present law provides that a recall petition, including the name, address, and signature of each
elector who has signed the petition, becomes a public record upon the signature of the first
elector.
Proposed law provides that the recall petition and the name, address, and signature of each
elector who has signed the petition becomes a public record upon the passage of ninety days
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after the signature of the first elector. Provides that the unsigned petition becomes a public
record when it is filed with the secretary of state.
Present law allows any voter to make a written request to have his signature stricken from
or added to a recall petition at any time after the registrar of voters receives the signed
petition, but prior to certification of the petition or within five days after receipt of the signed
petition, whichever is earlier. Provides that a written request to strike or add a name is a
public record.
Proposed law retains present law allowing a voter to request to strike or add his name but
makes only a request to add a name to public record.
Present law generally requires a registrar of voters to certify a recall petition within fifteen
working days after its submission. Further requires the certification to occur within twenty
working days if any parish wholly or partially within the voting area has more than fifty
thousand registered voters.
Proposed law generally requires a registrar of voters to certify a recall petition within twenty
working days after its submission. Further requires the certification to occur within thirty
working days if any parish wholly or partially within the voting area has more than fifty
thousand registered voters.
Proposed law generally grants a registrar of voters an additional ten working days to
complete the recall petition certification if the deadline occurs during the time period
commencing forty-five days before a primary election and ending on the date of the
corresponding general election. Further grants an additional twenty working days if any
parish wholly or partially within the voting area has more than fifty thousand registered
voters.
Present law lists exceptions to the Public Records Law contained in Title 18.
Proposed law retains present law and adds additional exceptions created by proposed law.
Effective August 1, 2023.
(Amends R.S. 18:3(A), 1300.2(C)(1) and (2) and (D), 1300.3(A) and (B), and 1300.5 and
R.S. 44:4.1(B)(10))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and
Governmental Affairs to the original bill
1. Make technical corrections.
2. Modify the information required to be included on a recall petition submitted
to a registrar of voters for certification.
3. Provide for petition form requirements.
4. Require information on petition requirements and deadlines to be provided
by the secretary of state to the chairman and vice chairman upon receipt.
5. Require the registrar of voters to affix the date received and a page number
to each page of a submitted recall petition.
6. Require a recall petition chairman and vice chairman to submit an affidavit
verifying the number of signatures submitted to a registrar of voters along
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with the petition.
7. Determine when a recall petition becomes a public record.
8. Allow extra working days for a registrar of voters to certify a recall petition
if the certification deadline falls within forty-five days before a primary
election.
9. Allow a registrar of voters to enlist assistance of employees of the
department of state and other registrars of voters to complete recall petition
certification.
10.Adds exception to the Public Records Law.
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