HLS 25RS-616 ORIGINAL
2025 Regular Session
HOUSE BILL NO. 577
BY REPRESENTATIVE DESHOTEL
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
VOTING/MACHINES: Provides for the the procurement of voting systems
1 AN ACT
2To amend and reenact R.S. 18:1361(A) and (B), 1362(A)(1), 1362.1(I)(1) and (K), and
3 1362.2(A) and (C) and to enact Subpart B of Part II of Chapter 8 of Title 18, to be
4 comprised of R.S. 18:1367 through 1367.16, relative to procurement of voting
5 systems or system components; to provide relative to the allowable methods of
6 procurement; to provide relative to the approval of voting systems; to provide
7 relative to the Voting System Commission and its powers and duties; to provide
8 relative to the Voting System Proposal Evaluation Committee and its powers and
9 duties; to the authority and duties of the secretary of state; to provide for the
10 authority and duties of the commissioner of administration and chief procurement
11 officer with respect to procurement; to provide for legal and contractual remedies
12 and for administrative appeals relative to such procurements; to provide for the
13 authority of the Louisiana Law Institute; to provide for an effective date; and to
14 provide for related matters.
15Be it enacted by the Legislature of Louisiana:
16 Section 1. R.S. 18:1361(A) and (B), 1362(A)(1), 1362.1(I)(1) and (K), and 1362.2(A)
17and (C) are hereby amended and reenacted and Subpart B of Part II of Chapter 8 of Title 18,
18comprised of R.S. 18:1367 through 1367.16, is hereby enacted to read as follows:
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1 SUBPART A. PROCUREMENT AND AL LOCATION OF VOTING SYSTEMS
2 §1361. Approval of voting systems or system components; certificate; expenses of
3 examination
4 A. Prior to the solicitation of bids for procurement and use of any new voting
5 system, the secretary of state shall examine any type or make of voting system or
6 system component upon the request of a representative of the maker or supplier
7 thereof for compliance with the certification standards promulgated pursuant to R.S.
8 18:1353. If the secretary of state determines that the voting system or system
9 component complies with the certification standards, he shall approve that voting
10 system or system component for use in this state and shall issue his certificate of
11 approval thereof.
12 B. In addition to meeting any applicable certification standards, any voting
13 system or system component procured or used in the state must have been certified
14 according to the voluntary voting system guidelines developed and maintained by
15 the United States Election Assistance Commission upon testing conducted by a
16 voting system test laboratory accredited by the United States Election Assistance
17 Commission. This certificate, together with any relevant reports, drawings, and
18 photographs, shall be a public record.
19 * * *
20 §1362. Method of procuring voting systems or system components; parts and
21 supplies; contracting for the maintenance of voting machines
22 A.(1) All voting systems or system components used in this state shall be
23 procured by the secretary of state, taking into consideration the recommendations of
24 the Voting System Commission as provided in R.S. 18:1362.1, out of state funds
25 appropriated for that purpose, on the basis of a competitive request for proposals
26 process or public bids submitted to the secretary of state on the basis of competitive
27 sealed proposals or the invitation to negotiate in accordance with the provisions of
28 the Louisiana Procurement Code. Required specifications shall include tests and
29 examinations of the operation of the voting systems or system components, and the
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1 secretary of state, for that purpose, shall employ experts to conduct these
2 examinations in accordance with R.S. 18:1361 and report the results thereof to the
3 Voting System Commission. The expenses of the services of these experts shall be
4 paid by the vendor that seeks to have its system certified for consideration. In every
5 respect, the procurement of voting systems or system components shall be in
6 accordance with the Louisiana Procurement Code.
7 * * *
8 §1362.1. Voting System Commission; creation and organization; duties and
9 responsibilities
10 * * *
11 I.(1) After complying with the provisions of Subsection H of this Section,
12 the commission shall determine the type of voting system to recommend to the
13 secretary of state to submit for competitive solicitation for procurement in
14 accordance with the provisions of the Louisiana Procurement Code.
15 * * *
16 K. Upon receipt of the report, the secretary of state, working in conjunction
17 with the office of state procurement, shall develop a request for proposals the best
18 method of procurement taking into consideration the commission's
19 recommendations. No later than thirty days prior to the issuance of the request for
20 proposals or the issuance of an invitation to negotiate, the secretary shall promulgate
21 certification standards for the type of voting system to be procured in accordance
22 with the provisions of R.S. 18:1353.
23 * * *
24 §1362.2. Voting System Proposal Evaluation Committee; membership; duties
25 A. The Voting System Proposal Evaluation Committee is created and
26 established within the Department of State for the purpose of independently
27 reviewing any proposals or responses to an invitation to negotiate received by the
28 secretary of state in accordance with the provisions of R.S. 18:1362.1.
29 * * *
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1 C. The committee shall investigate and publicly test the voting systems
2 proposed by the respondents to the request for proposals potential vendors and may
3 utilize subject matter experts to assist in the investigation. Upon completion of the
4 investigation, the committee shall score each proposal or response to an invitation
5 to negotiate according to the request for proposal procurement criteria, which shall
6 ensure that all proposals or responses to an invitation to negotiate are evaluated in
7 a fair and balanced manner and provide equal consideration for all potential vendors
8 without exception. The highest-scoring proposal shall receive the recommendation
9 of the committee. The recommendation shall be communicated to the secretary of
10 state. The committee shall make a recommendation and notify the secretary of state.
11 The secretary of state shall then make a recommendation and submit the proposal to
12 the chief procurement officer for subsequent review, approval, or further inquiry in
13 accordance with the Louisiana Procurement Code.
14 * * *
15 SUBPART B. LEGAL AND CONTRACTUAL REMEDIES FOR THE
16 PROCUREMENT OF VOTING SYSTEMS
17 §1367. Authority to resolve protested solicitations and awards
18 A. Right to protest. Any person who is aggrieved in connection with the
19 solicitation or award of a contract of a voting system or system components issued
20 by the applicable chief procurement officer shall protest to the chief procurement
21 officer. Protests with respect to a solicitation shall be submitted in writing at least
22 ten days prior to the opening of bids. Protests with respect to the award of a contract
23 shall be submitted in writing within fourteen days after contract award.
24 B. Authority to resolve protests. The chief procurement officer or his
25 designee shall have authority, prior to the commencement of an action in court
26 concerning the controversy, to settle and resolve a protest of an aggrieved person
27 concerning the solicitation or award of a contract. This authority shall be exercised
28 in accordance with regulations.
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1 C. Decision. If the protest is not resolved by mutual agreement, the chief
2 procurement officer or his designee shall, within fourteen days, issue a decision in
3 writing. The decision shall:
4 (1) State the reasons for the action taken.
5 (2) Inform the protestant of its right to administrative and judicial review as
6 provided in this Subpart.
7 D. Notice of decision. A copy of the decision under Subsection C of this
8 Section shall be mailed or otherwise furnished immediately to the protestant and any
9 other party intervening.
10 E. Finality of decision. A decision under Subsection C of this Section shall
11 be final and conclusive unless one of the following applies:
12 (1) The decision is fraudulent.
13 (2) The person adversely affected by the decision has timely appealed
14 administratively to the commissioner in accordance with R.S. 18:1367.9.
15 F. Stay of procurements during protests. In the event of a timely protest
16 under Subsection A of this Section, the state shall not proceed further with the
17 solicitation or with the awarding of the contract unless the chief procurement officer
18 makes a written determination that the awarding of the contract is necessary without
19 delay to protect the substantial interests of the state. Upon such determination by the
20 chief procurement officer, no court shall enjoin progress under the award except after
21 notice and hearing.
22 G. Award of costs to protestants. In addition to any other relief, when the
23 protest is administratively or judicially sustained and the protesting bidder or
24 proposer should have been awarded the contract but is not, the protesting bidder or
25 proposer shall be entitled to the reasonable costs incurred in connection with the
26 solicitation, including bid or proposal preparation costs other than attorney fees,
27 provided that any administrative determination of such costs shall be subject to the
28 written concurrence of the attorney general.
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1 §1367.1. Authority to debar or suspend
2 A. Applicability. This Section applies to a debarment, as defined in R.S.
3 39:1556(18), for cause from consideration for award of contracts or a suspension
4 from such consideration during an investigation where there is probable cause for
5 such a debarment.
6 B. Authority. After reasonable notice to the person involved and reasonable
7 opportunity for that person to be heard, the chief procurement officer shall have
8 authority to suspend or debar a person for cause from consideration for award of
9 contracts, provided that doing so is in the best interests of the state. The causes for
10 debarment are set forth in Subsection C of this Section. The chief procurement
11 officer may suspend a person from consideration for award of contracts if he
12 determines that there is probable cause to believe that such person has engaged in
13 any activity which might lead to debarment. The suspension shall not be for a period
14 exceeding six months. The authority to debar or suspend shall be exercised in
15 accordance with regulations.
16 C. Causes for debarment. The causes for debarment include the following:
17 (1) Conviction for commission of a criminal offense as an incident to
18 obtaining or attempting to obtain a public or private contract or subcontract, or in the
19 performance of such contract or subcontract.
20 (2) Conviction under state or federal statutes of embezzlement, theft, forgery,
21 bribery, falsification or destruction of records, receiving stolen property, or any other
22 offense indicating a lack of business integrity or business honesty which currently,
23 seriously, and directly affects responsibility as a contractor.
24 (3) Conviction under state or federal antitrust statutes arising out of the
25 submission of bids or proposals.
26 (4) Violation of contract provisions, as set forth below, of a character which
27 is regarded by the chief procurement officer to be so serious as to justify debarment
28 action:
29 (a) Deliberate failure without good cause to perform in accordance with the
30 specifications or within the time limit provided in the contract.
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1 (b) A recent record of failure to perform or of unsatisfactory performance in
2 accordance with the terms of one or more contracts; provided that failure to perform
3 or unsatisfactory performance caused by acts beyond the control of the contractor
4 shall not be considered to be a basis for debarment.
5 (5) Any other cause the chief procurement officer determines to be so serious
6 and compelling as to affect responsibility as a state contractor, including debarment
7 by another governmental entity for any cause listed in regulations.
8 (6) Violation of the ethical standards set forth in Chapter 15 of Title 42.
9 D. Decision. The chief procurement officer shall issue a written decision to
10 debar or suspend. The decision shall:
11 (1) State the reasons for the action taken.
12 (2) Inform the debarred or suspended person involved of its rights to
13 administrative and judicial review as provided in this Subpart.
14 E. Notice of decision. A copy of the decision under Subsection D of this
15 Section shall be mailed or otherwise furnished immediately to the debarred or
16 suspended person and any other party intervening.
17 F. Finality of decision. A decision under Subsection D of this Section shall
18 be final and conclusive unless one of the following applies:
19 (1) The decision is fraudulent.
20 (2) The debarred or suspended person has timely appealed administratively
21 to the commissioner in accordance with R.S. 18:167.10.
22 §1367.2. Authority to resolve contract and breach of contract controversies other
23 than professional, personal, consulting, and social services contracts
24 A. Applicability. This Section applies to controversies between the state and
25 a contractor and which arise under or by virtue of a contract between them. This
26 includes without limitation controversies based upon breach of contract, mistake,
27 misrepresentation, or other cause for contract modification or rescission. Any
28 contractor who seeks a remedy with regard to such controversy shall file a complaint
29 with the chief procurement officer.
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1 B. Authority. The chief procurement officer or his designee is authorized,
2 prior to the commencement of an action in court concerning the controversy, to settle
3 and resolve, with the approval of the attorney general, a controversy described in
4 Subsection A of this Section. This authority shall be exercised in accordance with
5 regulations.
6 C. Decision. If such a claim or controversy is not resolved by mutual
7 agreement, the chief procurement officer or his designee shall promptly issue a
8 decision in writing. The decision shall do all of the following:
9 (1) State the reasons for the action taken.
10 (2) Inform the contractor of its right to administrative and judicial review as
11 provided in this Subpart.
12 D. Notice of decision. A copy of the decision under Subsection C of this
13 Section shall be mailed or otherwise furnished immediately to the contractor.
14 E. Finality of decision. The decision under Subsection C of this Section
15 shall be final and conclusive unless one of the following applies:
16 (1) The decision is fraudulent.
17 (2) The contractor has timely appealed administratively to the commissioner
18 in accordance with R.S. 18:167.11.
19 F. Failure to render timely decision. If the chief procurement officer or his
20 designee does not issue the written decision required under Subsection C of this
21 Section within sixty days after written request for a final decision, or within such
22 longer period as may be agreed upon by the parties, then the contractor may proceed
23 as if an adverse decision had been received.
24 §1367.3. Remedies prior to an award
25 If it is determined prior to award that a solicitation or proposed award of a
26 contract is in violation of law, then the solicitation or proposed award shall be
27 cancelled.
28 §1367.4. Remedies after an award
29 If it is determined after an award that a solicitation or award of a contract is
30 in violation of law, then:
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1 (1) If the person awarded the contract has not acted fraudulently or in bad
2 faith:
3 (a) The contract may be ratified and affirmed, provided it is determined in
4 writing by the commissioner that doing so is in the best interests of the state and the
5 law violation had no significant effect on the outcome of the contract award; or
6 (b) The contract may be terminated and the person awarded the contract shall
7 be compensated for the actual expenses reasonably incurred under the contract prior
8 to the termination, provided that any administrative determination of such costs shall
9 be subject to the written concurrence of the attorney general.
10 (2) If the person awarded the contract has acted fraudulently or in bad faith,
11 the contract shall be declared null and void.
12 §1367.5. Damages
13 A. Damages recoverable by any aggrieved person in any action brought
14 pursuant to the provisions of R.S. 18:1367 or otherwise asserted at law, shall be
15 limited exclusively to reasonable costs incurred in connection with the solicitation
16 including bid preparation costs other than attorney fees.
17 B. Except as provided in Subsection E of this Section and R.S. 18:1367.5(1),
18 damages recoverable by any contractor under any contract entered into pursuant to
19 the provisions of this Subpart, shall be limited exclusively to the actual expenses
20 reasonably incurred in performance of the contract.
21 C. The provisions of R.S. 49:980 shall not apply to actions instituted
22 pursuant to the provisions of this Chapter.
23 D. Any administrative determination of costs or expenses recoverable by a
24 contractor or aggrieved person under Subsections A and B of this Section shall be
25 subject to the written concurrence of the attorney general.
26 E. In no event shall damages awarded by the chief procurement officer, his
27 designee, any hearing officer or any court include attorney's fees or any incidental,
28 indirect, special, or consequential damages, including but not limited to loss of use,
29 revenue or profit whether reasonably certain or not.
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1 §1367.6. Violations; penalties
2 A. No person shall intentionally violate the Louisiana Procurement Code or
3 any rule or regulation promulgated by the commissioner of administration with
4 respect to purchasing.
5 B. Any person who intentionally violates such law, rule, or regulation shall
6 be fined not more than one thousand dollars, or imprisoned for not more than six
7 months, or both.
8 §1367.7. Authority of the commissioner of administration
9 The commissioner of administration shall have the authority to review and
10 determine any appeal by an aggrieved person from a determination by the state chief
11 procurement officer or his designee which is authorized by R.S. 18:1367 or R.S.
12 18:1367.1.
13 §1367.8. Exempted departments
14 The secretary who is vested with authority to promulgate regulations by R.S.
15 39:1581 shall have, within his department, the same authority and responsibilities to
16 review and determine appeals of decisions of the chief procurement officer of his
17 department as are vested in the commissioner of administration by this Subpart.
18 §1367.9. Protest of solicitations or awards
19 A. Scope. This Section applies to an appeal addressed to the commissioner
20 of a decision under R.S. 18:1367(C).
21 B. Time limitation on filing an appeal. The aggrieved person shall file an
22 appeal within seven days of receipt of a decision under R.S. 18:1367(C).
23 C. Decision. On any appeal under Subsection A of this Section, the
24 commissioner shall decide within fourteen days whether the solicitation or award
25 was in accordance with the constitution, statutes, regulations, and the terms and
26 conditions of the solicitation. Any prior determinations by the state chief
27 procurement officer or his designee shall not be final or conclusive.
28 D. Notice of decision. A copy of the decision under Subsection C of this
29 Section shall be mailed or otherwise furnished immediately to the protestant or any
30 other party intervening.
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1 E. Finality of decision. A decision under Subsection C of this Section shall
2 be final and conclusive unless one of the following applies:
3 (1) The decision is fraudulent.
4 (2) The person adversely affected by the decision has timely appealed to the
5 court in accordance with R.S. 18:1367.12(A).
6 §1367.10. Suspension or debarment proceedings
7 A. Scope. This Section applies to a review by the commissioner of a
8 decision under R.S. 18:1367.1.
9 B. Time limitation on filing an appeal. The aggrieved person shall file its
10 appeal with the commissioner within fourteen days of the receipt of a decision under
11 R.S.18:1367(D).
12 C. Decision. The commissioner shall decide within fourteen days whether,
13 or the extent to which, the debarment or suspension was in accordance with the
14 constitution, statutes, regulations, and the best interests of the state, and was fair.
15 Any prior determination by the state chief procurement officer or his designee shall
16 not be final or conclusive.
17 D. Notice of decision. A copy of the decision under Subsection C of this
18 Section shall be mailed or otherwise furnished immediately to the debarred or
19 suspended person or any other party interviewing.
20 E. Finality of decision. A decision under Subsection C of this Section shall
21 be final and conclusive unless one of the following applies:
22 (1) The decision is fraudulent.
23 (2) The debarred or suspended person has timely appealed an adverse
24 decision of the Commissioner to the court in accordance with R.S. 18:1367.12(B).
25 §1367.11. Contract and breach of contract controversies
26 A. Scope. This Section applies to a review by the commissioner of a
27 decision under R.S. 18:1367.2.
28 B. Time limitation on filing an appeal. The aggrieved contractor shall file
29 its appeal with the commissioner within fourteen days of the receipt of the
30 determination under R.S. 18:1367.2(C).
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1 C. Decision. The commissioner shall decide within fourteen days the
2 contract or breach of contract controversy. Any prior determination by the state
3 chief procurement officer or his designee shall not be final or conclusive.
4 D. Notice of decision. A copy of the decision under Subsection C of this
5 Section shall be mailed or otherwise furnished immediately to the contractor.
6 E. Finality of decision. A decision under Subsection C of this Section shall
7 be final and conclusive unless one of the following applies:
8 (1) The decision is fraudulent.
9 (2) The contractor has timely appealed an adverse decision of the
10 commissioner to the court in accordance with R.S. 18:1367.12(C).
11 §1367.12. Actions by or against the state in connection with contracts
12 A. Solicitation and award of contracts. The Nineteenth Judicial District
13 Court shall have exclusive venue over an action between the state and a bidder,
14 offeror, or contractor, prospective or actual, to determine whether a solicitation or
15 award of a contract is in accordance with the constitution, statutes, regulations, and
16 the terms and conditions of the solicitation. Such actions shall extend to all kinds of
17 actions, whether for monetary damages or for declaratory, injunctive, or other
18 equitable relief.
19 B. Debarment or suspension. The Nineteenth Judicial District Court shall
20 have exclusive venue over an action between the state and a person who is subject
21 to a suspension or debarment proceeding, to determine whether the debarment or
22 suspension is in accordance with the constitution, statutes, and regulations. Such
23 actions shall extend to actions for declaratory, injunctive, or other equitable relief.
24 C. Actions under contracts or for breach of contract. The Nineteenth Judicial
25 District Court shall have exclusive venue over an action between the state and a
26 contractor who contracts with the state, for any cause of action which arises under
27 or by virtue of the contract, whether the action is on the contract or for a breach of
28 the contract or whether the action is for declaratory, injunctive, or other equitable
29 relief.
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1 D. Limited finality for administrative determinations. In any judicial action
2 under this Section, factual or legal determination by employees, agents, or other
3 persons appointed by the state shall have no finality and shall not be conclusive,
4 notwithstanding any contract provision, regulation, or rule of law to the contrary,
5 except to the extent provided in: R.S. 39:1630, R.S. 39:1671(E), R.S. 39:1672(F),
6 R.S. 39:1673(E), R.S. 39:1683(E), R.S. 39:1684(E), and R.S. 39:1685(E).
7 E. Writs or appeals; district court decisions. Any party aggrieved by a final
8 judgment or interlocutory order or ruling of the Nineteenth Judicial District Court
9 may appeal or seek review thereof, as the case may be, to the Court of Appeal, First
10 Circuit or the Supreme Court of Louisiana, as otherwise permitted in civil cases by
11 law and the constitution.
12 §1367.13. Commencement of actions
13 A. Protested solicitations and awards. Any action under R.S. 18:1367.12(A)
14 shall be commenced within fourteen days after receipt of the decision of the
15 commissioner under R.S. 18:1367.9(C).
16 B. Debarments and suspension for cause. Any action under R.S.
17 18:1367.12(B) shall be commenced within sixty days after receipt of the decision of
18 the commissioner under R.S. 18:1367.10(C).
19 C. Actions under contracts or for breach of contract controversies. Any
20 action under R.S. 18:1367.12(C) shall be commenced within sixty days after receipt
21 of the decision of the commissioner under R.S. 18:1367.11(C).
22 §1367.14. Trial; decision; appeal
23 A.(1) Actions objecting to the solicitation or award of a contract pursuant to
24 this Subpart shall be tried summarily, without a jury, and in open court. The trial
25 shall begin no later than fourteen days after suit was filed.
26 B. In all actions, the trial judge shall render judgment within seven days after
27 the case is submitted to him and shall indicate the date and time rendered on the
28 judgment. The clerk of the trial court shall immediately notify all parties or their
29 counsel of record by telephone and/or facsimile transmission of the judgment.
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1 C. Within twenty-four hours after rendition of judgment, a party aggrieved
2 by the judgment may appeal by obtaining an order of appeal and giving bond for a
3 sum fixed by the court to secure the payment of costs. The clerk of the trial court
4 shall give notice of the order of appeal to the clerk of the court of appeal and to all
5 the parties or their counsel of record. The trial judge shall fix the return day at a time
6 not to exceed three days after rendition of judgment.
7 D. The clerk of the trial court shall prepare the record on appeal and transmit
8 it to the clerk of the court of appeal on the return day.
9 E. Immediately upon receipt of the record the clerk of the court of appeal
10 shall notify the parties and the case shall be heard no later than forty-eight hours after
11 the record is lodged with the court of appeal. Judgment shall be rendered within
12 twenty-four hours after the case is argued. The court of appeal shall indicate the date
13 and time rendered on the judgment. The clerk of the court of appeal shall
14 immediately notify all parties or their counsel of record by telephone and/or
15 facsimile transmission of the judgment.
16 F. An application to the supreme court for a writ of certiorari shall be made
17 within forty-eight hours after judgment is rendered by the court of appeal.
18 G. The appellate court may sit in panels of three or more as directed by the
19 chief judge.
20 H. No application for a new trial or for a rehearing shall be entertained by
21 any court, but a court, upon its own motion, may correct manifest error to which its
22 attention is called.
23 I. As used in this Subpart, judgment shall be deemed to have been rendered
24 when signed by the judge.
25 §1367.15. Computation of time
26 Computation of all time intervals in this Chapter shall include Sundays and
27 other legal holidays. However, if the time interval ends on a Sunday or other legal
28 holiday, then noon of the next legal day shall be deemed to be the end of the time
29 interval.
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1 §1367.16. Code of Civil Procedure
2 Any procedural matter not specifically provided for in this Code shall be
3 governed by the Code of Civil Procedure.
4 Section 2. The Louisiana Law Institute is hereby authorized and directed to designate
5R.S. 18:1361 through 1366 as Subpart A of Part II of Chapter 8 of Title 18 of the Louisiana
6Revised Statutes of 1950.
7 Section 3. This Act shall become effective upon signature by the governor or, if not
8signed by the governor, upon expiration of the time for bills to become law without signature
9by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
10vetoed by the governor and subsequently approved by the legislature, this Act shall become
11effective on the day following such approval.
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 577 Original 2025 Regular Session Deshotel
Abstract: Allows for the procurement of voting machines or systems by competitive sealed
proposals and the invitation to negotiate in accordance with the Louisiana
Procurement Code.
Present law requires the secretary of state to examine voting systems or system components
to determine compliance with the certification standards promulgated by rule upon the
request of a representative of the maker or supplier of the voting systems or system
components. Requires the examination to occur prior to the solicitation of bids. Also requires
any voting system or system components to be certified by a laboratory accredited by the
United States Election Assistance Commission.
Proposed law requires the examination of voting systems or system components prior to the
procurement and use of the voting system or system components. Requires testing of the
voting system or system components by a laboratory accredited by the United State Election
Assistance Commission. Retains all other provisions of present law.
Present law provides the procurement of voting systems or system components by use of a
competitive request for proposal process or public bids. Proposed law changes the allowable
methods of procurement to competitive sealed proposals or the invitation to negotiate in
accordance with the Louisiana Procurement Code.
Present law establishes the Voting System Commission to evaluate and recommend the type
of voting system to be procured. Requires the commission to recommend the type of voting
system to the secretary of state to submit for competitive solicitation in accordance with the
Louisiana Procurement Code. Requires the commission to submit a report of its findings to
the governor and the legislature. Upon receipt of the report, the secretary of state and the
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office of state procurement shall develop a request for proposals. The secretary shall also
promulgate certification standards for the type of voting system to be procured.
Proposed law requires the commission to recommend the type of voting system to the
secretary of state to submit for procurement, rather than competitive solicitation. Upon
receipt of the report from the commission, the secretary of state and the office of state
procurement shall develop the best method of procurement based upon the
recommendations. Proposed law retains all other provisions of present law.
Present law establishes the Voting System Evaluation Committee in order to review any
proposals received by the secretary of state. The committee is required to investigate and
test the voting systems proposed by the respondents to the request for proposals. The
committee is also required to score each proposal. The committee is required to recommend
the highest-scoring proposal and to communicate that recommendation to the secretary of
state. The secretary of state is required to make a recommendation and submit the same to
the chief procurement officer.
Proposed law requires the committee to review any proposals or responses to an invitation
to negotiate received by the secretary of state. The committee is required to investigate and
test the voting systems proposed by potential vendors. The committee is also required to
score each proposal or response to the invitation to negotiate. The committee is required to
make a recommendation and notify the secretary of state. Proposed law retains all other
provisions of present law.
Proposed law provides for the legal and contractual remedies for the procurement of voting
systems or systems components.
Effective upon the signature of the governor of lapse of time for gubernatorial action.
(Amends R.S. 18:1361(A) and (B), 1362(A)(1), 1362.1(I)(1) and (K), and 1362.2(A) and
(C); Adds R.S. 1367 through 1367.16)
Page 16 of 16
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.