Louisiana 2024 2024 Regular Session

Louisiana House Bill HB221 Comm Sub / Analysis

                    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 221 Reengrossed 2024 Regular Session	Bayham
Abstract:  Provides for the form and substance of a recall petition, provides for the amount of time
afforded to the registrar of voters and the use of additional personnel to complete
certification of a recall petition, and provides for the public record status of the petition and
the signatures thereon.
Present law requires that recall petitions 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, upon receipt of a recall petition, the secretary of state to provide a document
including 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 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 with a recall petition an
affidavit verifying the number of signatures submitted along with an attestation that all documents submitted are originals and not photocopies.
Present law prohibits the registrar of voters from counting any signature that is undated.  Proposed
law additionally prohibits the registrar of voters from counting any signature that does not conform
with the additional form requirements provided for in proposed law.
Present law requires each registrar to indicate on the petition the names appearing thereon who are
not electors of the voting area.  Further provides that each person who participates in the review of
the names on the petition for certification by the registrar shall initial each of those portions of the
petition which he reviews.  Proposed law retains present law.
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 instead 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 grants a registrar of voters an additional 10 working days to complete the recall
petition certification if the deadline would occur 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 in any parish that is wholly or partially within the voting area and that
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 are to be considered
deputy registrars for that purpose only.
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 signed the petition becomes a public record 90 days after the signature of the first
elector.
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 after the registrar receives the petition.  Provides that
a written request to strike or add a name is a public record.
Proposed law retains existing 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. Effective January 1, 2025.  Applies only to recall petitions filed with the secretary of state on or after
January 1, 2025.
(Amends R.S. 18:3(A), 1300.2(A)(2), (C)(1) and (2), and (D), 1300.3(A) and (B), and 1300.5(B) and
R.S. 44:4.1(B)(10))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Provide an effective date.