RDCSB123 3645 3429
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)]
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 inclusion of the month, day, and year
the voter signed the petition, the typed or legibly written name of the witness, and the month,
day, and year the witness saw the voter sign the petition.
Present law requires recall petitions to include the signer's ward and precinct.
Proposed law repeals present law.
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 include preprinted line
numbers.
Proposed law requires that upon receipt of a recall petition, the secretary of state provide a
document providing general information on petition requirements and deadlines to the
chairman and vice chairman designated to represent the petitioners. Further requires the
document to be prepared by the secretary of state in conjunction with the La. Registrars of
Voters Assoc. and approved by the attorney general.
Proposed law provides that the unsigned petition becomes a public record when it is filed
with the secretary of state.
Proposed law requires the registrar of voters to affix the date received and a page number
to the front of each page of a signed and dated recall petition.
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 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 instead 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 90
days after the signature of the first elector.
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Present law allows any voter to make a written request to have his signature stricken from
or added to a recall petition within a certain time period. 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 the request a public record upon the passage of 90 days after the signature of the first
elector.
Present law generally requires a registrar of voters to certify a recall petition within 15
working days after its submission. Further requires the certification to occur within 20
working days if any parish wholly or partially within the voting area has more than 50,000
registered voters.
Proposed law generally requires a registrar of voters to certify a recall petition within 20
working days after its submission, rather than 15. Further requires the certification to occur
within 30 working days, rather than 20, if any parish wholly or partially within the voting
area has more than 50,000 registered voters.
Proposed law generally grants a registrar of voters an additional 10 working days to
complete the recall petition certification if the deadline occurs during the time period
commencing 45 days before a primary election and ending on the date of the corresponding
general election. Further grants an additional 20 working days if any parish wholly or
partially within the voting area has more than 50,000 registered voters.
Proposed law authorizes the registrar of voters to request and accept the assistance of
employees of the Dept. of State and registrars and deputy registrars of other parishes for the
purpose of completing the certification of the recall petition. Provides that persons offering
assistance shall be considered a deputy registrar for that purpose only.
(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
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.
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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.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the engrossed bill:
1. Add specific statement that each person offering assistance to the registrar of
voters shall be considered a deputy registrar for that purpose.
2. Provide that a request to strike a signature is public record.
3. Restore a present law provision regarding the duration of the chairman or vice
chairman serving as custodian of the recall petition.
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