RÉSUMÉ DIGEST
ACT 636 (HB 763) 2024 Regular Session Beaullieu
New law requires and prohibits certain actions related to elections by the secretary of state
and his employees, registrars of voters and their employees, clerks of court and their
employees, parish boards of election supervisors and their employees, commissioners-in-
charge, and commissioners, all referred to in this digest as election officials.
New law requires an election official who receives a federal directive or guidance pertaining
to elections that is not published on the secretary of state's website or who is offered new
federal funding for the purpose of funding elections and who wishes to implement the
directive or guidance or accept the funding to notify the secretary of state of such funding,
directive, or guidance within five business days after receipt.
New law authorizes the secretary of state to request the approval of such implementation or
acceptance of funding by the House Committee on House and Governmental Affairs and the
Senate Committee on Senate and Governmental Affairs. Such a request shall be submitted
to the chairman of each committee within five business days of the receipt of the notification
by the secretary of state.
New law prohibits an election official from implementing any federal directive or guidance
pertaining to elections or accepting new federal funding for the purpose of funding elections
unless the implementation or acceptance is explicitly required by law or one of the following
applies:
(1)The House Committee on House and Governmental Affairs and the Senate
Committee on Senate and Governmental Affairs approve the implementation or
authorization after consulting with the secretary of state or his designee.
(2)Neither committee prohibits the implementation or acceptance within 30 days after
receipt of a request from the official for authority to implement the directive or
guidance.
New law provides that within 90 days of the initial declaration of a state of emergency, the
secretary of state may implement any federal directive or guidance pertaining to elections or
authorize the acceptance or disbursal of new federal funding for the purpose of funding
elections without either an explicit state or federal legal requirement to do so by publishing
the directive or authorization on his website and giving immediate notification of the
directive or authorization to the House Committee on House and Governmental Affairs and
the Senate Committee on Senate and Governmental Affairs.
New law provides the secretary of state's authorization expires 30 days after publication
unless the legislative committees approve the directive or guidance or authorize the
acceptance and disbursal of funds as provided in new law.
New law does not apply to funds provided pursuant to the Help America Vote Act or any
other funding subject to state or federal law regarding its acceptance and disbursal.
New law requires the secretary of state to report to the House Committee on House and
Governmental Affairs and the Senate Committee on Senate and Governmental Affairs no
later than March 1st of each year information regarding the notifications received by the
secretary of state from local election officials pursuant to new law and the source and amount
of any federal funding, including grant awards, received within the prior calendar year by the
department or local election officials for the purpose of conducting elections.
New law provides that if an election official accepts and disburses federal election funds in
violation of new law, the attorney general shall pursue any available legal means to enjoin
the official from doing so and to recover expended funds.
Effective upon signature of the governor (June 11, 2024).
(Adds R.S. 18:425.2)