HLS 25RS-258 ENGROSSED
2025 Regular Session
HOUSE BILL NO. 592
BY REPRESENTATIVE BEAULLIEU
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ELECTION CODE: Makes revisions to the Louisiana Election Code
1 AN ACT
2To amend and reenact R.S. 18:2(4), 18(D), 25(B), 104(C)(1)(introductory paragraph),
3 108(A) and (C), 111, 154(C)(2)(e), 192(A)(1) and (2), 401.2(A) and (B)(1), (2), and
4 (3), 402(A)(1), (D), (E)(1)(introductory paragraph), and (G)(1), 410.1 through 410.3,
5 410.4(B), 410.5(A), 410.6(B)(1) and (2), 410.7(A), (B)(1) and (2), and (C), 410.8,
6 410.9(A), 425.1, 426(A) and (B), 434(A)(1), 435(A)(4)(b) and (c) and (B)(1),
7 501(A)(1), (B)(1), and (C), 531(B), 533(A)(2) and (B)(1), 534(A) and (B)(1) and
8 (2)(a), 551(B), (C)(1)(c)(i) and (2), and (D), 553(E)(2), 571(A)(8), 573(E)(1) and (4),
9 1259(B)(6) and (C), 1279, 1280.21(B), 1285(B)(1)(a), 1286.1, 1299.1, 1300(C)(1),
10 1300.7(A), 1300.11, 1306(E)(1)(f), 1307(E), 1309(D)(1)(c) and (d) and (2), (E)(1),
11 and (N)(2), (5), and (7), 1309.1(A), 1313(F), (H)(3), and (K)(1), 1313.1(F), (I)(2),
12 and (L)(1), 1315(D)(1), 1333(D)(2) and (E), 1363(A)(3) and (4), 1405(C), and
13 1501.3(C)(introductory paragraph), to enact R.S. 18:2(20), 401.1(H), Part IV of
14 Chapter 6 of Title 18 of the Louisiana Revised Statutes of 1950, to be comprised of
15 R.S. 18:1280.31, 1286(C), 1307(L), 1310(E) and (F), 1333(D)(3), and 1409(K), and
16 to repeal R.S. 18:1280.21(C) and (D), 1280.21.1, 1371(A)(2)(c), and Section 2 of
17 Act No. 640 of the 2024 Regular Session of the Legislature, relative to the revision
18 of the system of laws providing for elections; to make revisions to the Louisiana
19 Election Code; to provide for agreements for sharing voter registration information;
20 to provide for the annual report of the State Board of Election Supervisors; to
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1 provide for affidavits and attestations; to provide for the reinstatement of voter
2 registration; to provide for name changes; to provide for address data for annual
3 canvas; to provide for polling places during a state of emergency; to provide for
4 consolidation of polling places; to provide for election dates and the calculation of
5 days related thereto; to provide for commissioner qualifications and selection; to
6 provide for alternate political party super watchers; to provide for ballot
7 arrangement; to provide for voting in the presidential preference primary election;
8 to provide for testing of voting machines; to provide for replacement absentee by
9 mail ballots; to provide for tabulation and counting of absentee by mail and early
10 voting ballots; to provide for the validity of ballots deemed challenged; to provide
11 for address confirmation for nursing home early voting program participants; to
12 provide for the allocation of voting machines; to provide for the requirements of the
13 secretary of state related to an objection to candidacy; to provide for actions
14 contesting an election on a proposed constitutional amendment; to provide for the
15 preparation of a question or proposition to be submitted to voters; to provide for the
16 filling of vacancies in closed party primary offices; to provide for emergency
17 elections; to provide for closed party primary ballot selection by an unaffiliated
18 voter; to provide for procedural requirements as they relate to closed party primary
19 elections; to provide for the effectiveness of Act No. 1 of the 2024 First
20 Extraordinary Session of the Legislature and Act No. 640 of the 2024 Regular
21 Session of the Legislature and specific provisions thereof; to provide for definitions;
22 to correct terminology; and to provide for related matters.
23Be it enacted by the Legislature of Louisiana:
24 Section 1. R.S. 18:2(4), 18(D), 25(B), 104(C)(1)(introductory paragraph), 108(A)
25and (C), 111, 154(C)(2)(e), 401.2(A) and (B)(1), (2), and (3), 402(E)(1)(introductory
26paragraph), and (G)(1), 425.1, 426(A) and (B), 434(A)(1), 435(A)(4)(b) and (c), 531(B),
27533(A)(2) and (B)(1), 534(A) and (B)(1) and (2)(a), 553(E)(2), 571(A)(8), 573(E)(1) and (4),
281259(B)(6) and (C), 1280.21(B), 1285(B)(1)(a), 1286.1, 1299.1, 1300(C)(1), 1300.7(A),
291300.11, 1306(E)(1)(f), 1309(D)(1)(c) and (d) and (2), (E)(1), and (N)(2), 1309.1(A),
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11313(F), (H)(3), and (K)(1), 1313.1(F), (I)(2), and (L)(1), 1315(D)(1), 1333(D)(2) and (E),
21363(A)(3) and (4), 1405(C), and 1501.3(C)(introductory paragraph) are hereby amended
3and reenacted and R.S. 18:2(20), Part IV of Chapter 6 of Title 18 of the Louisiana Revised
4Statutes of 1950, comprised of R.S. 18:1280.31, 1286(C), 1310(E), 1333(D)(3), and 1409(K)
5are hereby enacted to read as follows:
6 §2. Definitions
7 As used in this Code, the following words and terms shall have the meanings
8 hereinafter ascribed to each, unless the context clearly indicates another meaning:
9 * * *
10 (4) "Immediate family" means the individual's children, the spouses of his
11 children, his brothers and their spouses, his sisters and their spouses, his parents, his
12 spouse, and the parents of his spouse, his grandparents, and his grandchildren.
13 * * *
14 (20) "Affidavit" means an oath or affirmation signed by the affiant before
15 a notary public, or before a commissioner-in-charge, commissioner, registrar of
16 voters, deputy registrar of voters, early voting commissioner, or secretary of state
17 election staff, as specifically required in this Title.
18 * * *
19 §18. Secretary of state; powers and duties
20 * * *
21 D. The secretary of state may enter into cooperative agreements with other
22 states or the Electronic Registration Information Center written agreements with
23 state and federal governmental agencies and private vendors that provide voter
24 registration and address data to share voter registration information or data for
25 purposes of determining whether a voter is registered in more than one state and for
26 the voter list maintenance of the state voter registration computer system. The
27 secretary of state shall include in any such cooperative agreement a provision for the
28 privacy of the information or data that complies fully with applicable state and
29 federal law.
30 * * *
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1 §25. Annual reports
2 * * *
3 B. The board shall annually report to the House and Governmental Affairs
4 Committee of the House of Representatives and the Senate and Governmental
5 Affairs Committee of the Senate its findings, observations, and recommendations
6 concerning all aspects of elections in this state. The report shall be submitted no
7 later than January thirty-first each year forty-five days prior to the start of each
8 regular session of the legislature, and shall include but shall not be limited to the
9 following subjects: election laws in general, registration procedures, election
10 procedures, election officials, voting machines, tabulation and transmission of
11 election returns, procedures used for casting and counting absentee by mail and early
12 voting ballots, and any other aspect of elections the board deems appropriate.
13 * * *
14 §104. Application for registration; form
15 * * *
16 C.(1) The form shall inform the applicant of the penalty for violation of
17 applicable laws relating to registration of voters and shall contain an affidavit
18 attestation to be subscribed, through a handwritten signature, attesting to each of the
19 following:
20 * * *
21 §108. Prior registration; surrender of certificate or notice of registration before new
22 registration; change of place of registration
23 A. If the registrant's application indicates that the applicant previously
24 registered as a voter in any other parish, and if the previous voter registration
25 certificate or notice of registration is available, then before making a new registration
26 the registrar shall require the applicant to surrender his previous certificate or notice
27 for cancellation. The registrar shall promptly notify the registrar of the parish in
28 which the applicant has registered previously, through the statewide voter
29 registration system, of the present registration. The other registrar shall verify the
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1 cancellation of the voter's registration in the other parish; however, the cancellation
2 shall not be made as long as the registrant has the right to vote in the parish of his
3 former residence as provided in R.S. 18:110(C).
4 * * *
5 C. For any voter whose registration has been canceled because the voter has
6 registered in another parish or in another state, if such voter makes application to
7 register in the parish in which he was previously registered to vote within three years
8 after the cancellation of his registration in that parish, and the registrar determines
9 that he is qualified to register to vote in that parish, the voter's information in the
10 statewide voter registration system from his previous registration shall be reinstated,
11 except that any necessary changes shall be made to such information, including but
12 not limited to the voter's new address, and he shall receive an updated certificate or
13 notice of registration.
14 * * *
15 §111. Change of name or signature; married persons
16 A. In order to remain a legal registrant, a person who changes his name by
17 virtue of a judgment of court shall produce in the presence of or, if required, file with
18 the registrar or any person authorized to accept voter registration applications a
19 certified copy of the judgment, his Louisiana driver's license, Louisiana special
20 identification card, or social security number, or his affidavit attestation setting forth
21 the pertinent facts containing the change of name.
22 B. A married woman, at her option, person may be registered in her maiden
23 name, her present husband's name, using the surname of either or both spouses as a
24 surname, or in a hyphenated combination thereof. If divorced, widowed, or
25 remarried, she the applicant may be registered in her maiden name using his
26 surname, in the surname of her the deceased or former or present husband spouse,
27 or in a hyphenated combination thereof. A change of name allowed by this
28 Subsection shall be made by producing in the presence of the A person who changes
29 his name by virtue of marriage shall submit a voter registration application to the
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1 registrar or other person authorized to accept voter registration applications her
2 affidavit stating that contains the applicant's social security number, valid Louisiana
3 driver's license number or Louisiana special identification card number, or affidavit
4 setting forth the name under which she the applicant desires to be registered as
5 allowed by this Section.
6 C. If a registered voter, subsequent to his registration, is no longer capable
7 of signing his name without using a mark, he shall file an affidavit, meeting the
8 requirements of R.S. 18:200, attestation with the registrar of voters attesting to that
9 fact and stating the reason for such a change in signature.
10 * * *
11 §154. Records open to inspection; copying; exceptions
12 * * *
13 C.
14 * * *
15 (2)
16 * * *
17 (e) The provisions of Paragraph (1) of this Subsection shall not apply to
18 voter registration information or data transmitted to a state or the Electronic
19 Registration Information Center federal governmental agency or private vendor to
20 provide voter registration and address data pursuant to a written agreement for
21 purposes of determining whether a voter is registered to vote in more than one state
22 and for the voter list maintenance of the state voter registration computer system.
23 * * *
24 §192. Annual canvass; costs
25 A.(1) No later than June thirtieth, the registrar of voters of each parish in
26 conjunction with the Department of State shall annually canvass the names of the
27 registrants in all precincts in the parish. Failure of the registrar to conduct an annual
28 canvass as provided in this Subsection shall constitute willful misconduct relating
29 to his official duty for the purposes of R.S. 18:53. The Department of State shall use
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1 the United States Postal Service or its licensee address data obtained pursuant to a
2 written agreement from another state or federal governmental agency or private
3 vendor that provides voter registration and address data to verify the names and
4 addresses of the registrants in all precincts in the state. A verification by the United
5 States Postal Service or its licensee of address data shall constitute a valid canvass
6 of the registered voter.
7 (2) In conducting the verification, if the United States Postal Service or its
8 licensee provides the obtained address data indicates a corrected address, the
9 Department of State shall furnish the corrected address to the appropriate registrar
10 of voters. Upon receiving a corrected address inside the parish, either the
11 Department of State or the registrar of voters shall update the voter's address on the
12 statewide registration system and mail a new voter information card to the voter
13 using the corrected address provided and an address confirmation notice as provided
14 in R.S. 18:193. If the new voter information card using the corrected address is
15 returned to the registrar and the voter has failed to return the address confirmation
16 notice, the registrar shall consider the address not corrected. The registrar shall
17 change his records to reflect the prior address on file for that voter. If the corrected
18 address is outside of the parish, the registrar of voters shall not make the change on
19 his records and shall send an address confirmation notice as provided in R.S. 18:193.
20 * * *
21 §401.2. Relocation of Change to polling places; state of emergency
22 A. Notwithstanding the provisions of R.S. 18:425.1, 534, 535, 536, and 537,
23 1286, and 1286.1, if any polling place is determined by the clerk of court in
24 conjunction with the secretary of state to be destroyed, inaccessible, or unsafe due
25 to an emergency or common disaster occurring before or during a regularly
26 scheduled or special election, the secretary of state may issue a certification of a state
27 of emergency allowing the relocation, or other change, of any such polling place,
28 including consolidation of polling places or providing for multiple polling places in
29 a precinct, when such action would allow voting to continue without the necessity
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1 of the issuance of an executive order by the governor for a suspension or delay
2 pursuant to R.S. 18:401.1(B). Upon issuance of such a certification, the clerk of
3 court and the presiding officer of the parish governing authority shall relocate
4 implement the necessary change for any such polling place. The If relocated, the
5 polling place shall be relocated to the nearest feasible and accessible location as
6 determined by the secretary of state, upon the recommendation of the clerk of court
7 in conjunction with the presiding officer of the parish governing authority.
8 B. When a polling place is relocated changed pursuant to Subsection A of
9 this Section, the clerk of court in conjunction with the secretary of state shall give
10 adequate notice of the change of the location to each voter registered to vote at that
11 polling place and to each candidate to be voted on at that polling place, if practicable,
12 in the following manner:
13 (1) Each candidate shall be given immediate notice by telephone or by
14 electronic means, and by certified mail where reasonable time exists, of the new
15 location of any polling places that have been relocated.
16 (2) A sign shall be posted at any former polling place directing voters to the
17 new location of the polling place, if applicable and practicable.
18 (3) An employee of the parish governing authority shall be stationed at any
19 former polling place, if applicable and practicable, for the purpose of directing
20 potential voters to the new location of the polling place. Such employee shall be
21 required to take the constitutional oath or affirmation. The clerk of court shall
22 administer the oath.
23 * * *
24 §402. Dates of primary and general elections
25 * * *
26 E. Special elections to fill newly created office or vacancy in office. An
27 election to fill a newly created office or vacancy in an existing office, except the
28 office of representative in congress, shall be held on the dates fixed by the
29 appropriate authority in the proclamation ordering a special election as follows:
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1 (1) A special primary election shall be held on the first of the following days
2 that is after the date on which the proclamation calling the special primary election
3 was issued, provided that the proclamation was issued at least four weeks prior to the
4 opening of the qualifying period for the special primary election. If this deadline
5 falls on a Saturday, Sunday, or legal holiday, then the deadline shall be the following
6 day which is not a Saturday, Sunday, or legal holiday:
7 * * *
8 G. Prohibited days. (1) No election of any kind shall be held in this state on
9 any of the days of Rosh Hashana, Yom Kippur, Sukkot, Shemini Atzeret, Simchat
10 Torah, the first two days and the last two days of Passover, Shavuot, Tish'a B'Av, the
11 two days preceding Labor Day, or the three days preceding Easter, or the three days
12 following Thanksgiving Day. If the date of any election falls on any of the
13 above-named days, the election shall be held on the same weekday day of the
14 preceding week.
15 * * *
16 §425.1. Consolidation of polling places; reduction of voting machines and election
17 officials
18 A. Notwithstanding the provisions of R.S. 18:424 and 425 or any other
19 provision of law to the contrary, in an election, including the election of any public
20 official, where more than one polling place is within the same location a single
21 location serves as the polling place of more than one precinct, the parish board of
22 election supervisors may consolidate the polling places in that location so that a
23 single polling place may serve every precinct assigned to that location for that
24 election and may reduce the number of voting machines to be used in the election
25 below the number fixed by R.S. 18:1363 and, in such case, shall notify, in
26 accordance with the time line provided in R.S. 18:1363(H), the parish custodian of
27 voting machines and the secretary of state of the number of machines to be prepared
28 and delivered for the polling places so consolidated to the location of the
29 consolidated polling place.
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1 B. When the parish board of election supervisors consolidates polling places
2 as authorized by Subsection A of this Section, it shall appoint a commissioner-in-
3 charge to serve at each such all precincts assigned to the consolidated polling place
4 and may reduce to not less than two the number of commissioners and alternate
5 commissioners to be appointed to serve at each such polling place the location of the
6 consolidated polling place.
7 * * *
8 §426. Alternate commissioners; qualifications, powers, and duties; oath and
9 compensation
10 A. Qualifications. (1) A qualified voter who is not entitled to assistance in
11 voting and is not a candidate in the election may be selected as an alternate
12 commissioner in any precinct of the ward where he is registered to vote, except
13 pursuant to R.S. 18:434(D) in which case he may be selected as a commissioner in
14 any precinct of the parish where he is registered to vote or as otherwise provided in
15 R.S. 18:425(A)(4).
16 (2)(a) No person shall be selected as a commissioner in a precinct in which
17 a member of his immediate family is a candidate for election to public office.
18 (b) No person who has been convicted of an election offense enumerated in
19 Chapter 10 of this Title shall be selected as an alternate commissioner.
20 (c) No person who is required to register as a sex offender or child predator
21 pursuant to R.S. 15:542 may be selected as an alternate commissioner.
22 (3) A person shall not be selected as an alternate commissioner unless he has
23 attended a course of instruction for commissioners, has received a certificate of
24 instruction during the term of office of the clerk who conducted the course, and has
25 provided his correct party affiliation to the clerk.
26 (4) A person who is at least seventeen years of age, under the age of
27 eighteen, and is not a qualified voter but is otherwise qualified to serve as an
28 alternate commissioner pursuant to this Subsection may be selected to serve as an
29 alternate commissioner in any precinct of the ward where he may register to vote
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1 pursuant to R.S. 18:101(A), provided that the person is enrolled in the twelfth grade
2 of any Louisiana public high school or state-approved nonpublic high school or is
3 participating at the twelfth grade level in a home study program approved by the
4 State Board of Elementary and Secondary Education. An alternate commissioner
5 shall meet the same qualifications of a commissioner as provided in R.S. 18:425(B).
6 B. Powers and duties. An alternate commissioner who replaces an absent
7 or unqualified commissioner shall have the same powers and duties and shall possess
8 the same qualifications as a commissioner. An alternate commissioner who does not
9 replace a commissioner shall have the same powers and duties as a watcher.
10 * * *
11 §434. Commissioners and alternate commissioners; selection; commission;
12 disqualification; replacement
13 A. Time and place of Meeting to conduct selection. (1) The parish board
14 of election supervisors shall meet at 10:00 a.m. on the twenty-ninth day before a
15 primary election on the second day after the close of the registration records
16 provided in R.S. 18:135(A) to select the commissioners and alternate commissioners
17 for each precinct. However, if the deadline for the close of the registration records
18 provided in R.S. 18:135(A)(1) is moved due to a legal holiday, the meeting to select
19 commissioners and alternate commissioners for each precinct shall be moved to the
20 day after the close of the registration records. If the second day after the close of the
21 registration records falls on a legal holiday, the board shall select commissioners and
22 alternate commissioners on the first day after such holiday that is not a Saturday,
23 Sunday, or other legal holiday. The meeting shall be open to the public. The board
24 shall have previously posted a notice on the front courthouse door designating the
25 location within the courthouse where the meeting is to be held.
26 * * *
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1 §435. Watchers; appointment and commission
2 A.
3 * * *
4 (4)
5 * * *
6 (b)(i) In a parish with fewer than fifty thousand registered voters, the parish
7 executive committee of the recognized political party may designate one political
8 party super watcher and one alternate political party super watcher.
9 (ii) In a parish with fifty thousand or more but fewer than one hundred
10 thousand registered voters, the parish executive committee of the recognized political
11 party may designate two political party super watchers and two alternate political
12 party super watchers.
13 (iii) In a parish with one hundred thousand or more but fewer than one
14 hundred fifty thousand registered voters, the parish executive committee of the
15 recognized political party may designate three political party super watchers and
16 three alternate political party super watchers.
17 (iv) In a parish with one hundred fifty thousand or more but fewer than two
18 hundred thousand registered voters, the parish executive committee of the recognized
19 political party may designate four political party super watchers and four alternate
20 political party super watchers.
21 (v) In a parish with two hundred thousand or more registered voters, the
22 parish executive committee of the recognized political party may designate five
23 political party super watchers and five alternate political party super watchers.
24 (c) Each political party super watcher shall have the qualifications, powers,
25 and duties of watchers provided for by R.S. 18:427 and shall be admitted as a
26 watcher in every precinct in the designated parish where a candidate affiliated with
27 his political party is on the ballot, except that not more than one political party super
28 watcher may serve at a single precinct at the same time. Both a political party super
29 watcher and an alternate political party super watcher may serve on election day,
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1 except that the political party super watcher and alternate political party super
2 watcher may not serve at the same time and no more political party super watchers
3 and alternate political party super watchers may serve at one time than the number
4 of political party super watchers allowed in Subparagraph (b) of this Paragraph.
5 * * *
6 §531. Places for voting in primary and general elections
7 * * *
8 B. Notwithstanding the provisions of any law to the contrary, whenever the
9 polling place to which a voter is assigned is inaccessible to him by reason of a
10 physical disability, the voter may cast his vote at the polling place nearest the
11 precinct at which he is registered which is accessible to the voter, provided such
12 polling place is within the same congressional, senatorial, representative, school
13 board, police jury, councilmanic and all other districts as the precinct at which he is
14 registered. To be permitted to cast his vote at another precinct polling place, the
15 voter, not less than ten days before the election, shall produce satisfactory evidence
16 of his disability to the registrar of voters in the parish in which he is registered. If,
17 in the opinion of the registrar, the voter, due to the physical disability, is unable to
18 cast his vote at the polling place for the precinct in which he is registered, the
19 registrar shall issue to the voter special authorization to cast his vote at another
20 specifically named precinct polling place as provided in this Section and shall
21 transfer the registration certificate of such voter to that precinct. The authorization
22 so issued shall be shown by the voter to the commissioners at the polling place. The
23 right of a voter to cast his vote in a precinct within the ward and district other than
24 the one in which he is registered shall remain effective for subsequent elections until
25 the voter no longer is in need of the right to vote in another precinct. The voter shall
26 notify the registrar of voters immediately if for any reason such need no longer
27 exists.
28 * * *
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1 §533. Establishment and location of polling places; responsibility for acts or
2 omissions
3 A. Establishment.
4 * * *
5 (2) The parish governing authority shall, to the extent possible, locate the
6 polling place of multiple precincts in a the same polling location, if it determines
7 after due consideration that to locate multiple polling places the polling places of
8 multiple precincts within the same polling location would be efficient, cost-effective,
9 and convenient to voters.
10 B. Location. (1) Except as otherwise provided in this Subsection, the
11 polling place for a precinct shall be located in the precinct in a suitable public
12 building and all public bodies are hereby required to allow the use of public
13 buildings as voting precincts polling places without cost or charge when the parish
14 governing authority requires it. If no public building is available, then a precinct
15 polling place may be located on private property. The parish governing authority
16 shall inform the secretary of state as to whether the parish polling places are located
17 in public buildings or on private property.
18 * * *
19 §534. Change of polling places
20 A. Once the location of a polling place is established, it may only be changed
21 by a vote of the parish governing authority.
22 B.(1) The location of a polling place shall not be changed during the period
23 commencing on the date the qualifying period opens and ending on the date of the
24 general election or, in the case of an election date exclusively for bond, tax, or other
25 propositions or questions, during the period commencing on the forty-sixth day prior
26 to the election and ending on the day of the election unless the polling place location
27 becomes unavailable due to an emergency caused by an act of God or when privately
28 owned property being used as a polling place becomes unavailable through no fault
29 of the governing authority.
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1 (2)(a) Notwithstanding the provisions of Subsection A of this Section, if the
2 locations of a polling place becomes unavailable during the period defined in and
3 due to the reasons provided in Paragraph (1) of this Subsection, the parish president
4 may change the location of the polling place. The parish president shall submit
5 written notice of the change as soon as practicable to the secretary of state.
6 * * *
7 §553. Inspection and preparation of voting machines at polling places; precinct
8 registers and supplemental list
9 * * *
10 E. Maintenance of precinct registers on election day.
11 * * *
12 (2) For each name appearing on the list, the commissioners shall write
13 "voted by mail absentee" in the place where the voter usually signs the precinct
14 register and initial the precinct register adjacent thereto.
15 * * *
16 §571. Procedures for commissioners after termination of voting
17 A. At the termination of voting in a primary or general election, the
18 commissioners shall announce that voting is terminated. The commissioners in the
19 presence of the watchers shall immediately:
20 * * *
21 (8) Place one copy of the official election results reports, one copy of the
22 machine certificates, one of the duplicate poll lists, all original executed challenges
23 of voters, all precinct register corrections, all voter identification affidavits, all
24 physical disability affidavits voter assistance forms, any physicians' certificates, any
25 copies of disability documentation, a copy of each completed notation of
26 irregularities form, and any address confirmation notices in the envelope marked
27 "Registrar of Voters", seal it and attach it to the precinct register after the termination
28 of voting, and place a new protective seal on the precinct register.
29 * * *
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1 §573. Evidence of election results
2 * * *
3 E. Transmission and disposition of original challenges, duplicate voters'
4 affidavits, and address confirmation notices. (1) At the opening of the voting
5 machines, the sealed precinct registers shall be immediately returned to the registrar
6 of voters. Upon receipt of the sealed precinct registers, the registrar shall remove
7 any attached original record of challenges of voters made during the election, any
8 precinct register correction affidavits, any voter identification affidavits made
9 pursuant to R.S. 18:562, any address confirmation notices, any physical disability
10 affidavits voter assistance forms, any certificates, any copies of disability
11 documentation, and any completed voter registration applications.
12 * * *
13 (4) The registrar shall scan the address confirmation notice, voter
14 identification affidavit, disability documentation voter assistance form, or voter
15 registration application and add it to the voter's record in the state voter registration
16 computer system after processing.
17 * * *
18 §1259. Arrangement of ballot; designation of party candidates
19 * * *
20 B.
21 * * *
22 (6) In preparing the ballots, the secretary of state shall arrange the names of
23 the candidates of recognized political parties alphabetically, according to the names
24 of the parties, followed by the names of the candidates nominated by nominating
25 petitions and by the filing of notices of candidacy, listed alphabetically by the first
26 word of the political principle designated in the notice of candidacy designation of
27 political principle.
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1 C. No candidate nominated other than by a recognized political party shall
2 use the name of any recognized political party in the political or party designation
3 political principle designated in the notice of candidacy of such candidate.
4 * * *
5 §1280.21. Presidential preference primary election
6 * * *
7 B. Each elector voting in such election may vote only for a candidate who
8 is affiliated with the same party as the elector, except that the state central committee
9 of a recognized political party may allow in its bylaws, electors who are not affiliated
10 with any political party to cast a vote on the ballot of such recognized political party.
11 * * *
12 PART IV. GENERAL PROVISIONS
13 §1280.31. Definitions
14 As used in this Chapter, "recognized political party" means a political party
15 recognized in this state pursuant to R.S. 18:441.
16 * * *
17 §1285. Notice of election
18 * * *
19 B.(1)(a) Written notice of the election and the certificate required by
20 Subparagraph (b) of this Paragraph shall be transmitted to the secretary of state and
21 each clerk of court and registrar of voters in the area affected by the election. If the
22 election is to be held on a primary election date, then such notice and certificate shall
23 be received by the secretary of state at least four weeks prior to the opening of the
24 qualifying period for the primary election. If this deadline falls on a Saturday,
25 Sunday, or legal holiday, then the deadline shall be the following day which is not
26 a Saturday, Sunday, or legal holiday. If the election is not to be held on a primary
27 election date, then the notice and certificate shall be received by the secretary of state
28 on or before the fifty-fourth day prior to the election. The secretary of state shall not
29 accept any revisions to propositions, including but not limited to changes in title,
30 text, or numerical designations, after the last day for submission of the notice and
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1 certificate to the secretary of state, unless prior to the printing of the ballots the
2 revision will correct a typographical error and the revision has been approved by the
3 governing authority that called the proposition election.
4 * * *
5 §1286. Polling places; election officers
6 * * *
7 C. When the number of commissioners for each precinct in an election called
8 on a general election date under the provisions of this Chapter is less than the
9 number of commissioners chosen for the primary election date, the appropriate
10 number of commissioners shall be chosen from the list of commissioners who
11 worked at the precinct for the primary election.
12 * * *
13 §1286.1. Authority to consolidate polling places; reduction of number of voting
14 machines and election officials
15 A. Notwithstanding any provision of R.S. 18:1286(A), when an election
16 called under the provisions of this Chapter is not held at the same time as the election
17 of any public official, in cases where more than one polling place is within the same
18 location a single location serves as the polling place of more than one precinct the
19 parish board of election supervisors may consolidate the polling places in that
20 location so that a single polling place may serve each precinct assigned to that
21 location for that election and may reduce the number of voting machines to be used
22 in the election below the number fixed by R.S. 18:1363 and, in such case, shall
23 notify, in accordance with the time line provided in R.S. 18:1363(H), the parish
24 custodian of voting machines and the secretary of state of the number of machines
25 to be prepared and delivered for the polling places so consolidated to the location of
26 the consolidated polling place.
27 B. Whenever When the parish board of election supervisors consolidates
28 polling places as authorized by Subsection A of this Section, it shall appoint a
29 commissioner-in-charge to serve at each such all precincts assigned to the
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1 consolidated polling place and may reduce to not less than two the number of
2 commissioners and alternate commissioners to be appointed to serve at each such
3 polling place the location of the consolidated polling place.
4 * * *
5 §1299.1. Question or proposition to be voted on; length
6 A. The preparation of a question or proposition to be submitted to the voters
7 at an election shall be the responsibility of the governing authority or other entity
8 calling the election or submitting the question or proposition. The proposition shall
9 be comprised of simple, unbiased, concise, and easily understood language and be
10 in the form of a question. The proposition shall not exceed two hundred words in
11 length and shall not include words that are struck through, underscored, or in
12 boldface type. The governing authority shall be responsible for ensuring that the
13 proposition is comprised of simple, unbiased, concise, and easily understood
14 language.
15 B. The secretary of state shall be responsible for ensuring that the
16 proposition complies with the requirements of this Section does not exceed two
17 hundred words in length, does not include words that are struck through,
18 underscored, or in boldface type, and is in the form of a question.
19 §1300. Procedures; notice of election; expenses
20 * * *
21 C.(1) When an election is called under the provisions of this Chapter, written
22 notice of the election shall be transmitted to the secretary of state, the commissioner
23 of elections, and each clerk of court and registrar of voters in the area affected by the
24 election. If the election is to be held on a primary election date, then such notice
25 shall be received by the secretary of state at least four weeks prior to the opening of
26 the qualifying period for the primary election. If the election is not to be held on a
27 primary election date, then such notice shall be received by the secretary of state on
28 or before the fifty-fourth day prior to the election. If any of these deadlines fall on
29 a Saturday, Sunday, or legal holiday, then the deadline shall be the following day
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1 which is not a Saturday, Sunday, or legal holiday.
2 * * *
3 §1300.7. Governor to order election; proclamation; publication
4 A. If the required number of qualified electors of the voting area sign the
5 petition for recall, the governor shall issue a proclamation ordering an election to be
6 held for the purpose of voting on the question of the recall of the officer. The total
7 number of registered voters in the voting area and the total number of registered
8 voters in the voting area signing the petition shall be calculated from the totals on the
9 certificates of all of the registrars of voters received by the governor. The governor
10 shall issue such proclamation within fifteen days after he receives the certified
11 petitions from all of the registrars of voters in the voting area who have received
12 petitions for certification. If the final day for the governor to issue the proclamation
13 falls on a Saturday, Sunday, or legal holiday, then the next day which is not a
14 Saturday, Sunday, or legal holiday shall be deemed to be the final day for issuing the
15 proclamation. The proclamation shall order the election to be held on the next
16 available date specified in R.S. 18:402(F). If the election is to be held on a primary
17 election date, the proclamation shall be issued at least four weeks prior to the
18 opening of the qualifying period for the primary election. If the election is not to be
19 held on a primary election date, the proclamation shall be issued on or before the
20 fifty-fourth day prior to the election. If any of these deadlines fall on a Saturday,
21 Sunday, or legal holiday, then the deadline shall be the following day which is not
22 a Saturday, Sunday, or legal holiday.
23 * * *
24 §1300.11. Preparation of ballots; marking of ballots
25 The ballots at recall elections shall be provided and supplied in the same
26 manner as the ballots for general elections, and in accordance with general election
27 laws, except as provided in this Chapter. The top of the ballot shall provide in large
28 capital letters for the election shall appear as follows:
29 "SPECIAL ELECTION FOR THE RECALL OF (Here state name and, title, and
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1 election district of the officer whose recall is at issue.)"
2 Then shall follow the number and name of the election district and the location of the
3 polling place. Then shall follow the dates of the election. Then shall follow, in
4 separate lines on the ballot, the following:
5 "FOR the Recall. ( ) _____
6 AGAINST the Recall. ( ) _____"
7 After the words "FOR the Recall", shall be a blank square, and after the words
8 "AGAINST the Recall", shall be a blank square. The ballot shall provide
9 instructions for voting.
10 * * *
11 §1306. Preparation and distribution of absentee by mail and early voting ballots
12 * * *
13 E.(1) The secretary of state shall prepare an absentee by mail certificate, the
14 content of which is subject to approval of the attorney general. The certificate shall
15 include but not necessarily be limited to:
16 * * *
17 (f) An affidavit attestation followed by a line for the handwritten signature
18 or mark of the voter, certifying that the statements made by him are true and correct
19 and that the voter is aware of the penalties for knowingly making a false statement
20 therein, which penalties shall be stated on the certificate.
21 * * *
22 §1309. Early voting; verification
23 * * *
24 D.(1)
25 * * *
26 (c) If satisfied that the voter has identified himself as the voter registered in
27 the state voter registration computer system or named on the precinct register and
28 that he is qualified to vote, the registrar or his deputy shall initial the precinct register
29 or early voting list register kept by the registrar opposite the voter's signature or
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1 mark. The voter then shall be allowed to vote.
2 (d) A voter who votes without the picture identification required by
3 Subparagraph (a) of this Paragraph is subject to challenge as provided in R.S.
4 18:1315.
5 (2) If the voter's name is found in the state voter registration computer
6 system or precinct register on the inactive list of voters, the voter shall be required
7 to complete an address confirmation card to determine his eligibility to vote.
8 E.(1) The voter's identity having been established as provided in Subsection
9 D of this Section, the voter shall sign or make his mark prior to voting in the precinct
10 register or early voting register.
11 * * *
12 N.
13 * * *
14 (2) A qualified voter of the state who is not a candidate in the election may
15 serve as an early voting watcher, however, no person who is required to register as
16 a sex offender or child predator pursuant to R.S. 15:542 may serve as a watcher.
17 * * *
18 §1309.1. Preparation of machines for early voting; examination by candidate or his
19 representative; sealing machines
20 A. At the time of qualifying, the parish custodian shall notify each candidate
21 to contact the registrar of voters for the time and place at which the voting machines
22 will be prepared for early voting. The registrar of voters shall post at his office
23 adequate notice of the date, time, and place at which the voting machines will be
24 prepared for early voting and shall post the same information on his office's website,
25 if possible. The candidate or his representative may be present to observe the
26 preparation and testing of the machines by the registrar of voters with the assistance
27 of the secretary of state's technicians and to observe the testing and sealing of the
28 machines by the registrar of voters in the presence of the parish board of election
29 supervisors. Each candidate or his representative shall be afforded a reasonable
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1 opportunity to view the test vote tape for each machine to see that they are in the
2 proper condition for use in the election, which opportunity shall not be less than
3 thirty minutes beginning at the time designated by the registrar of voters to begin
4 preparation of the machines for sealing. However, no candidate, representative, or
5 citizen shall interfere with the registrar of voters, secretary of state's technicians,
6 parish board of election supervisors, or any employee or technician or assume any
7 of their duties.
8 * * *
9 §1310. Execution of certificate; marking of ballot; casting vote; assistance
10 * * *
11 E. If a voter is notified by the registrar of voters in his parish of a deficiency
12 on his absentee by mail ballot certificate that shall be cured, he may obtain a
13 replacement ballot from the registrar. The registrar may make the ballot available
14 via hand delivery to the voter or an immediate family member of the voter.
15 * * *
16 §1313. Tabulation and counting of absentee by mail and early voting ballots
17 * * *
18 F. The board shall count the absentee by mail and early voting ballots and
19 announce post the results after the closing of the polls as the total number of absentee
20 by mail and early voting votes cast in the election for each candidate and the total
21 number cast for and against each proposition.
22 * * *
23 H. The procedure for counting early voting machine ballots and paper ballots
24 voted during early voting shall be as follows:
25 * * *
26 (3) The board shall announce post the results from each early voting machine
27 results report for the early voting ballots, unless an early voting ballot has been
28 challenged pursuant to R.S. 18:1309(E)(6) or R.S. 18:1315.
29 * * *
30 K.(1) Upon completion of the tabulation and counting of the absentee by
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1 mail and early voting ballots, the parish board of election supervisors shall return the
2 absentee by mail and early voting ballots and electronic results report to the special,
3 secure absentee by mail and early voting ballot container; shall seal the container;
4 and shall deliver the container to the registrar of voters. The registrar shall preserve
5 the container and its contents inviolate and, except upon order of a court of
6 competent jurisdiction or at the direction of the secretary of state for the purpose of
7 conducting post-election tabulation audits, shall not allow the absentee by mail and
8 early voting documents to be inspected by anyone until the delay for filing an action
9 contesting the election has lapsed. If an action contesting the election is commenced
10 timely, the registrar shall continue to preserve the container and its contents
11 inviolate, subject to the orders of the court, until the final judgment in the action has
12 become definitive.
13 * * *
14 §1313.1. Preparation, verification, tabulation, and counting of absentee by mail and
15 early voting ballots
16 * * *
17 F. The board shall count the absentee by mail and early voting ballots and
18 announce post the results after the closing of the polls on election day as the total
19 number of absentee by mail and early voting votes cast in the election for each
20 candidate and the total number cast for and against each proposition.
21 * * *
22 I. The procedure for counting early voting machine ballots on election day
23 shall be as follows:
24 * * *
25 (2) The board shall announce post the results from each early voting machine
26 results report for the early voting ballots, unless an early voting ballot has been
27 challenged pursuant to R.S. 18:1309(E)(6) or R.S. 18:1315.
28 * * *
29 L.(1) Upon completion of the tabulation and counting of the absentee by
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1 mail and early voting ballots on election day, the parish board of election supervisors
2 shall return the absentee by mail and early voting ballots and electronic results report
3 to the special, secure absentee by mail and early voting ballot container; shall seal
4 the container; and shall deliver the container to the registrar of voters. The registrar
5 shall preserve the container and its contents inviolate and, except upon order of a
6 court of competent jurisdiction or at the direction of the secretary of state for the
7 purpose of conducting post-election tabulation audits, shall not allow the absentee
8 by mail and early voting documents to be inspected by anyone until the delay for
9 filing an action contesting the election has lapsed. If an action contesting the
10 election is commenced timely, the registrar shall continue to preserve the container
11 and its contents inviolate, subject to the orders of the court, until the final judgment
12 in the action has become definitive.
13 * * *
14 §1315. Challenge of absentee by mail or early voting ballot
15 * * *
16 D.(1) During the counting of absentee by mail and early voting ballots, at
17 least a majority of the members of the board shall hear and determine the validity of
18 any ballot challenged in accordance with the provisions of pursuant to Subsection A
19 or B of this Section or deemed challenged pursuant to Subsection C of this Section.
20 * * *
21 §1333. Nursing home early voting program; voting by persons residing in a nursing
22 home
23 * * *
24 D.
25 * * *
26 (2) An application to vote in the nursing home early voting program that
27 satisfies the requirements of this Section shall remain valid indefinitely unless the
28 voter submits a written request to the registrar to be removed from the program, the
29 letter provided for in Subsection E of this Section is returned to the registrar or voters
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1 as undeliverable, or the voter no longer resides in the nursing home listed in his
2 application. However, if the voter has become a resident of a different nursing home
3 in the parish and has notified the registrar of voters in writing of the change of
4 nursing home address, his application shall remain valid.
5 (3) If the letter provided for in Subsection E of this Section is returned to the
6 registrar of voters as undeliverable, the registrar shall mail an address confirmation
7 notice to the voter as provided in R.S. 18:198(A).
8 E. The registrar shall notify the applicant by letter, at the return nursing
9 home address shown on the request, the day on which a deputy registrar or other
10 qualified person selected by the registrar will be present at the nursing home to
11 permit the applicant to cast his ballot. The registrar shall assign a number to the
12 applicant which shall be stamped or entered in ink on the upper right side of the letter
13 and also shall be entered shall appear in clearly distinguishable figures on the letter
14 and on the absentee by mail ballot envelope that will contain the absentee by mail
15 ballot to be delivered to that applicant on the day designated in the letter. If the letter
16 is mailed by the registrar prior to his receipt of the absentee by mail ballots for the
17 election, the registrar shall enter the name of the applicant; his address, ward, and
18 precinct; and the number assigned to the applicant on a list that the registrar shall
19 keep for the purpose and, upon receipt of the absentee by mail ballots for the
20 election, the registrar shall enter the number on the absentee by mail ballot envelope
21 as provided in this Subsection.
22 * * *
23 §1363. Number of machines; allocation to precincts; exception; reserve machines
24 A. In determining the number of voting machines to be purchased and
25 allocated for each voting precinct in each parish or municipality, the minimum
26 number to be allocated shall be as follows:
27 * * *
28 (3) Three machines for each precinct where more than one thousand voters
29 but not more than fourteen eighteen hundred voters were registered to vote thirty
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1 days prior to the election.
2 (4) Four machines for each precinct where more than fourteen eighteen
3 hundred voters were registered to vote thirty days prior to the election.
4 * * *
5 §1405. Time for commencement of action
6 * * *
7 C. An action contesting an election on a proposed constitutional amendment
8 shall be instituted no earlier than the day after the election and not later than
9 4:30 p.m. of the tenth day after promulgation of the results of the election by the
10 secretary of state.
11 * * *
12 §1409. Trial; decision; appeal
13 * * *
14 K.(1) Neither the secretary of state nor any employee engaged in the
15 administration of or charged with the custody of any records or files of the
16 Department of State shall be subject to subpoena or otherwise required to appear in
17 court for an objection to candidacy filed pursuant to this Chapter.
18 (2) In lieu of live testimony for any action filed pursuant to this Chapter, a
19 properly executed affidavit issued by the secretary of state or his designee shall serve
20 as sufficient confirmation as to the accuracy of the records and files of the
21 Department of State for such purposes.
22 * * *
23 §1501.3. Gubernatorial transition and inauguration; contribution limits; reports
24 * * *
25 C. On or before the sixtieth day after the gubernatorial inauguration and by
26 February fifteenth annually thereafter until all contributions have been expended or
27 used, the governor shall file an all-inclusive report with the supervisory committee.
28 Each report shall be complete through January thirty-first. Each report which shall
29 state:
30 * * *
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1 Section 2. R.S. 18:192(A)(1), 402(A)(1), (D) and (E)(1), 410.1 through 410.3,
2410.4(B), 410.5(A), 410.6(B)(1) and (2), 410.7(A), (B)(1) and (2), and (C), 410.8, 410.9(A),
3435(B)(1), 501(A)(1), (B)(1), and (C), 551(B), (C)(1)(c)(i) and (2), and (D), 1279,
41285(B)(1)(a), 1307(E), and 1309(N)(5) and (7) are hereby amended and reenacted and R.S.
518:401.1(H), 1307(L), and 1310(F) are hereby enacted to read as follows:
6 §192. Annual canvass; costs
7 A.(1) No later than July thirty-first, the registrar of voters of each parish in
8 conjunction with the Department of State shall annually canvass the names of the
9 registrants in all precincts in the parish. Failure of the registrar to conduct an annual
10 canvass as provided in this Subsection shall constitute willful misconduct relating
11 to his official duty for the purposes of R.S. 18:53. The Department of State shall use
12 the United States Postal Service or its licensee address data obtained pursuant to a
13 written agreement from another state or federal governmental agency or private
14 vendor that provides voter registration and address data to verify the names and
15 addresses of the registrants in all precincts in the state. A verification by the United
16 States Postal Service or its licensee of address data shall constitute a valid canvass
17 of the registered voter.
18 * * *
19 §401.1. Election emergency; purpose; elections emergency contingency plan
20 * * *
21 H. For purposes of this Section, a vacancy in a party primary office that may
22 not be filled by appointment, designation, or in accordance with the timeframes
23 required by law shall constitute an emergency. If the vacancy may not be filled in
24 a timely manner in accordance with the election dates provided for in R.S. 18:402,
25 the governor may proclaim a state of emergency for purposes of calling a special
26 election to fill the vacancy. Notwithstanding the provisions of R.S. 18:401.3,
27 following the issuance of the emergency proclamation, the authority required by law
28 to call a special election to fill the vacancy in office shall, in consultation with and
29 with the certification of the secretary of state, issue a proclamation ordering a special
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1 election. The proclamation ordering the special election shall include the dates for
2 qualifying, early voting, the primary election, the general election, and at least one
3 party primary election and make all provisions necessary to conduct an election in
4 a timely manner notwithstanding the dates, timing, and delays otherwise provided
5 by this Code.
6 * * *
7 §402. Dates of primary and general elections; prohibited election days
8 A. Prohibited election days. (1) No election of any kind shall be held in this
9 state on any of the days of Rosh Hashanah, Yom Kippur, Sukkot, Shemini Atzeret,
10 Simchat Torah, the first two days and the last two days of Passover, Shavuot, Tish'a
11 B'Av, the two days preceding Labor Day, or the three days preceding Easter, or the
12 three days following Thanksgiving Day. If the date of any fall election falls on any
13 of the above-named days, the election shall be held on the same weekday of the
14 preceding week. If the date of any spring election falls on any of the above-named
15 days, the election shall be held on the same weekday day of the following week.
16 * * *
17 D. Odd-numbered year election dates in a nongubernatorial election year.
18 (1) Spring elections. (a) There shall be a spring primary election held on the
19 third Saturday in April for municipal and ward officers elected in the spring of a
20 nongubernatorial election year. This date shall also serve as the first party primary
21 election for a special election called to fill a vacancy in a party primary office.
22 (b) There shall be a spring election held on the sixth Saturday after the third
23 Saturday in April which shall be a general election for municipal and ward officers
24 elected in the spring of a nongubernatorial election year. This date shall also serve
25 as the second party primary election, if necessary, for a special election called to fill
26 a vacancy in a party primary office.
27 (2) Fall elections. (a) There shall be a fall primary election held on the
28 second Saturday in October for parochial and municipal officers in a parish
29 containing a municipality with a population of three hundred thousand or more. This
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1 date shall serve as the general election for a special election called to fill a vacancy
2 in a party primary office.
3 (b) There shall be a fall general election held on the sixth Saturday after the
4 second Saturday in October of an election year.
5 E.(1) Special elections to fill newly created offices or vacancies in office
6 shall be held on dates fixed by the appropriate authority in the proclamation issued
7 in accordance with law. For an election to fill a vacancy, the dates fixed in the
8 proclamation shall be limited to the dates for primary elections and general elections
9 established in Subsections B, C, and D of this Section. Except as otherwise provided
10 by law, a special primary election shall be held on the first of the election dates
11 established in this Section that is after the date on which the proclamation calling the
12 special primary election is issued, provided that the proclamation is issued at least
13 four weeks prior to the opening of the qualifying period for the special primary
14 election. If this deadline falls on a Saturday, Sunday, or legal holiday, then the
15 deadline shall be the following day which is not a Saturday, Sunday, or legal holiday.
16 The authority issuing the proclamation shall consult with the secretary of state in the
17 establishment of a qualifying period and election dates for special elections.
18 * * *
19 §410.1. Party primary elections
20 Party primary elections for party primary offices as defined in R.S. 18:2 shall
21 be held pursuant to this Part, and any provision of this Code in conflict with these
22 provisions shall not be applicable to elections for party primary offices. Any
23 provision of this Code that is not in conflict with these provisions shall be applicable
24 to these elections unless the context clearly indicates otherwise. For purposes of this
25 Part, the phrase "recognized major political party" shall mean a political party
26 recognized pursuant to R.S. 18:441(C).
27 §410.2. Party primary office; party primary qualifications
28 Recognized Major political parties shall make nominations of candidates for
29 party primary office as provided in this Part. Only candidates affiliated with a
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1 recognized major political party may participate in the party primary election of the
2 political party of the candidate's party affiliation.
3 §410.3. Purpose and nature of party primary elections
4 A. For general elections, political parties shall make all nominations of
5 candidates for party primary office by direct primary elections held pursuant to this
6 Part. In party primary elections, each voter voting in such election may vote only for
7 a candidate who is affiliated with the same party as the voter.
8 B. Voters not affiliated with a political party may vote in a recognized major
9 party primary if a party primary ballot is selected by the voter prior to casting his
10 ballot, but such a voter may vote only in one recognized major party primary. If an
11 unaffiliated voter chooses to vote in the first party primary of one political party, the
12 unaffiliated voter shall not vote in the second party primary of another political
13 party.
14 §410.4. Manner of qualifying for a party primary election
15 * * *
16 B. A person who desires to become a candidate in a party primary election
17 shall be affiliated with a recognized major political party. A person may qualify as
18 a candidate only in a party primary election of the party with which he is affiliated
19 as shown on his voter registration at the time of qualifying for that office. No
20 candidate shall change his political party affiliation after he has qualified for an
21 election until the deadline for an election contest has passed.
22 §410.5. Nominating petitions
23 A. A person may be nominated as a candidate in a party primary election
24 only by persons who are affiliated with the same recognized major political party,
25 who are qualified to vote on the office he seeks, and who sign a nominating petition
26 for him no more than one hundred twenty days before the qualifying period opens
27 for candidates in the party primary election. The registrar of voters shall reject any
28 signature on a nominating petition not in compliance with this Section.
29 * * *
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1 §410.6. Death of a candidate; procedure; selection of party nominee
2 * * *
3 B.(1) If as the result of the death of a candidate in a party primary election,
4 a recognized major political party has no party nominee qualified for the general
5 election, the recognized major political party shall select, in the manner provided in
6 its bylaws, the party nominee who shall meet all of the qualifications for the party
7 primary office.
8 (2) The chairman of the state central committee of the recognized major
9 political party shall transmit an attestation to the secretary of state containing the
10 name of the party nominee, the signature of the chairman of the state central
11 committee, the signature of the party nominee, and any other information required
12 by the form of the attestation prescribed by the secretary of state. The attestation
13 shall be filed as soon as possible after the death of the party's candidate, but no later
14 than noon on the seventh day prior to the general election day. If the attestation is
15 received no later than 4:30 p.m. on the seventh day after the close of the qualifying
16 period for nonparty primary offices for the fall primary election, the secretary of
17 state shall print the name of the selected party nominee on the ballot. If the
18 attestation is filed in accordance with this Paragraph, but the name of the selected
19 party nominee is not placed on the ballot, there shall be a notice regarding the
20 selected party nominee posted at each polling place and on the website of the
21 secretary of state. If the selected party nominee's name is not placed on the ballot,
22 all votes cast for the party's deceased candidate shall be attributed to the party
23 nominee.
24 * * *
25 §410.7. Party candidates who qualify for a general election
26 A. The candidate who receives the majority of votes in the party primary
27 qualifies for the general election as the party's nominee for the office. All candidate
28 nominations for a party primary office by recognized major political parties for the
29 general election shall be made in this manner, except as otherwise provided in R.S.
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1 18:410.6(B).
2 B. In the event that no candidate receives the majority of votes in the first
3 party primary, the two candidates from each political party who received the greatest
4 number of votes in the first party primary shall be voted on in the second party
5 primary.
6 (1) In the case of a tie vote for first place in the first party primary of a
7 recognized major political party, all of the candidates affiliated with the same
8 political party who received the same highest number of votes qualify for the second
9 party primary.
10 (2) In the case of a tie vote for second place in the first party primary of a
11 recognized major political party, all of the candidates affiliated with the same
12 political party who received the same second highest number of votes and the
13 candidate affiliated with the same political party who received the highest number
14 of votes qualify for the second party primary.
15 * * *
16 C. There shall be no third party primary. In the case of a tie vote in the
17 second party primary of a recognized major political party, none of the candidates
18 qualify as the party nominee for the general election, and the party nominee shall
19 be selected by a public drawing of lots conducted by the State Board of Election
20 Supervisors from among the candidates who received the highest number of votes
21 in the second party primary election. The public drawing of lots shall be conducted
22 at the state capitol on a day and at a time fixed by the board within one week after
23 the results of the election become official. The candidates involved shall be given
24 at least three days' written notice of the time and place of the public drawing of lots.
25 §410.8. Candidates not affiliated with a recognized major political party; qualifying
26 for the general election
27 A. Any person who desires to become a candidate in a general election for
28 a party primary office and who is not registered as being affiliated with a recognized
29 major political party shall file his notice of candidacy, which shall be accompanied
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1 by a nominating petition as provided in R.S. 18:465, with the appropriate qualifying
2 official during the qualifying period established for the party primary election. The
3 number of signatures required on such a nominating petition shall be as set forth in
4 R.S. 18:465.
5 B. A person filing a notice of candidacy as provided in Subsection A of this
6 Section may be nominated only by persons who are qualified to vote on the office
7 he seeks, who sign a nominating petition for him, and who are not affiliated with a
8 recognized major political party. The registrar of voters shall reject any signature
9 on a nominating petition not in compliance with this Subsection.
10 §410.9. Nomination of candidates in a party primary election; general election;
11 unopposed candidate
12 A. If, after the close of the qualifying period for candidates in a party
13 primary election, only one candidate qualified for the recognized major political
14 party or only one candidate for the recognized major political party remains after the
15 withdrawal of one or more candidates, the candidate is declared the nominee of the
16 party, and his name shall not appear on the ballot in a party primary election but shall
17 be on the ballot for the general election. If a party primary election ballot was
18 printed with the name of a candidate who withdrew on it, any votes received by a
19 candidate who withdrew shall be void and shall not be counted for any purpose
20 whatsoever.
21 * * *
22 §435. Watchers; appointment and commission
23 * * *
24 B.(1)(a) A list of watchers shall be filed with the clerk of court by hand
25 delivery, facsimile, mail, or commercial courier before 4:30 p.m. on the tenth
26 business day before the party primary, primary, or general election; however, if the
27 tenth business day before the party primary, primary, or general election falls on a
28 Saturday, Sunday, or other legal holiday, the list shall be filed on the next day which
29 is not a Saturday, Sunday, or other legal holiday. For purposes of this Paragraph,
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1 "commercial courier" shall have the same meaning as provided in R.S. 13:3204(D).
2 If the office that the candidate seeks is voted on in more than one parish, a list of
3 watchers shall be filed with the clerk of court in each parish where the candidate will
4 have watchers.
5 (b) A list of watchers submitted by a candidate for the party primary or
6 primary election may be used for the second party primary, primary, or general
7 election only if the candidate notifies the clerk of court in writing by 4:30 p.m. on
8 the tenth business day before the general election that he wants to use the same list
9 of watchers.
10 (c) A list of political party super watchers submitted by a party for the party
11 primary or primary election may be used for the second party primary, primary, or
12 general election only if the chairman of the parish executive committee or the state
13 central committee of the party notifies the clerk of court in writing by 4:30 p.m. on
14 the tenth business day before the general election that the chairman wants to use the
15 same list of political party super watchers.
16 * * *
17 §501. Procedure for withdrawal
18 A.(1)(a) A candidate in a primary election may withdraw from the election
19 by filing notice of his withdrawal with the secretary of state prior to 4:30 p.m. on the
20 seventh day after the close of the qualifying period.
21 (b) A candidate in a first party primary election may withdraw from the
22 election by filing notice of his withdrawal with the secretary of state prior to 4:30
23 p.m. on the seventh day after the close of the qualifying period.
24 (c) The notice of withdrawal shall be signed by the candidate and duly
25 acknowledged by him before an officer authorized to administer oaths.
26 * * *
27 B.(1)(a) A candidate in a general election may withdraw from the election
28 by filing notice of his withdrawal with the secretary of state prior to 4:30 p.m. on the
29 ninth day after the date of the primary election.
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1 (b) A candidate in a general election for a party primary office may withdraw
2 from the election by filing notice of his withdrawal with the secretary of state prior
3 to 4:30 p.m. on the ninth day after the second party primary election date, regardless
4 of whether a second party primary election is held.
5 (c) The notice of withdrawal shall be signed by the candidate and duly
6 acknowledged by him before an officer authorized to administer oaths.
7 * * *
8 C. Notwithstanding the provisions of Subsections A and B of this Section,
9 if the number of candidates remaining in a primary election, second party primary
10 election, or general election for a public office is one more than the number of
11 persons to be elected to the office, the secretary of state shall accept a notice of
12 withdrawal that is filed prior to 4:30 p.m. on the second day prior to the election first
13 day of early voting. The candidate or candidates remaining after the withdrawal
14 shall be declared elected by the people.
15 * * *
16 §551. Ballots
17 * * *
18 B. Titles of offices. (1) In any primary election for a party primary office,
19 the parties shall be arranged alphabetically, and under such party affiliation, the titles
20 of the party primary offices to be voted on shall be listed in the order provided in
21 Paragraph (2) of this Subsection. The names of the candidates for each party
22 primary office shall be listed alphabetically by surname within each party and
23 printed below the title of the party primary office.
24 (2) Below any party primary offices, the The titles of the offices to be voted
25 on in a primary or general election shall be listed on the ballot in capital letters in the
26 following order:
27 (a) President and vice president.
28 (b) Presidential nominees in a presidential preference primary. If an election
29 for presidential nominees in a presidential preference primary appears on the same
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1 ballot with an election for a party primary office, the secretary of state may place the
2 presidential nominees above the party primary office candidates of the same party.
3 (c) State offices--governor, lieutenant governor, secretary of state, attorney
4 general, treasurer, commissioner of agriculture, commissioner of insurance, United
5 States senator, United States representative, justice of the supreme court, judge of a
6 court of appeal, member of the public service commission, member of another state
7 board or commission, and any other state office.
8 (d) Local offices--state senator, state representative, district judge, district
9 attorney, judge of a parish court, sheriff, clerk of court, assessor, coroner, police
10 juror, judge and marshal of a city court, member of a school board, member of other
11 local boards and commissions, justice of the peace, and other local offices.
12 (e) Municipal offices--mayor, chief of police or marshal, alderman or
13 member of a city council, member of a municipal board or commission, and other
14 municipal offices.
15 (f) Political party offices--member of a state central committee, member-at-
16 large of a parish executive committee, and member of a parish executive committee
17 from a political subdivision. If an election for a political party office appears on the
18 same ballot with an election for presidential nominees in a presidential preference
19 primary election, the secretary of state may place the political party office
20 immediately following the office of presidential nominees of the same political party
21 after party primary offices or after all other offices.
22 (2) (3) When a special election to fill a newly created office or a vacancy in
23 an existing office is held at the same time as a regularly scheduled election, the
24 secretary of state may list the titles of the offices to be voted on in the special
25 election at the end of the ballot. However, when the geographic area of an office in
26 the regularly scheduled election and in the special election are the same and when
27 the candidates in the regularly scheduled election and in the special election for such
28 office are the same, the title of the office and the names of the candidates shall
29 appear only once on the ballot as provided in this Section and the ballot shall state
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1 that the election is being held to fill both the vacancy and the full term for the office.
2 Each elector shall cast the same vote for both the regular and the special election for
3 the office, and the candidates who qualify for the general election shall qualify for
4 the general election for both the regular and the special election for the office, and
5 the candidate who is elected shall be elected to fill both the vacancy and the full term
6 for the office.
7 (3) (4) The titles of offices not specifically provided for in this Section shall
8 be listed on the ballot in the order determined by the secretary of state.
9 C. Names and numbers of candidates. The names of the candidates in a
10 primary or general election shall be listed on the ballot as follows:
11 (1)
12 * * *
13 (c)(i) The names of the candidates for each office shall be arranged
14 alphabetically by surname and shall be listed below the title of the office, in smaller
15 capital letters. The names of the candidates shall be numbered from first to last.
16 Once the secretary of state has assigned numbers to the candidates on the primary
17 election ballot, the numbers shall not be changed.
18 * * *
19 (2) In a general election only the names of the candidates who qualified for
20 election shall be listed on the ballot, and the names shall be listed in the same form
21 as they were listed on the ballot for the primary election. The names of candidates
22 who were elected in the primary election shall not be listed on the ballot. The names
23 of the candidates for each office shall be arranged alphabetically by surname, and
24 shall be listed below the title of the office, in smaller capital letters. The names of
25 the candidates shall be given the same number assigned to them on the primary
26 election ballot.
27 D. Political party designation. (1) The political party designation of a
28 candidate who is registered as being affiliated with a recognized political party shall
29 be listed on the primary or general election ballot on the same line and immediately
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1 after or below the candidate's name. If a candidate is affiliated with a political party,
2 but such party is not a recognized political party, the word "other" shall be placed
3 after his name. If a candidate is not affiliated with any political party, the words "no
4 party" or an abbreviation thereof shall be placed after his name. The secretary of
5 state shall promulgate and adopt rules as necessary to effectuate the provisions and
6 purposes of this Subsection.
7 (2) Notwithstanding the provisions of Paragraph (1) of this Subsection, the
8 political party designation of a candidate in a party primary election shall appear on
9 the ballot according to Paragraph (B)(1) of this Section.
10 * * *
11 §1279. Vacancies; representatives in congress
12 When a vacancy occurs in the office of representative in congress, the
13 governor shall determine the dates on which the special elections shall be held and
14 the dates of the qualifying period in accordance with R.S. 18:402 and shall issue a
15 proclamation ordering a special election and specifying the dates on which the first
16 party primary, second primary, if necessary, and general elections will be held and
17 the dates of the qualifying period for the election. Within twenty-four hours after
18 issuing the proclamation, the governor shall send a copy of the proclamation to the
19 secretary of state, who shall within twenty-four hours of receipt of the information
20 notify all election officials having any duty to perform in connection with a special
21 election to fill such vacancy, including the parish boards of election supervisors for
22 the parish or parishes in which the vacancy occurred. Immediately thereafter the
23 secretary of state shall publish the proclamation in the official journal of each parish
24 in which the election is to be held. The election shall be conducted in the same
25 manner and at the same places and the returns shall be certified as in regular
26 congressional elections. If at a primary or general election in a congressional district
27 one representative in congress is to be elected for a full term and another to fill a
28 vacancy, the ballots containing the names of the candidates shall, as a part of the title
29 of the office, designate the term for which the candidates are respectively nominated.
30 * * *
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1 §1285. Notice of election
2 * * *
3 B.(1)(a) Written notice of the election and the certificate required by
4 Subparagraph (b) of this Paragraph shall be transmitted to the secretary of state and
5 each clerk of court and registrar of voters in the area affected by the election. If the
6 election is to be held on a primary election date, then such notice and certificate shall
7 be received by the secretary of state at least four weeks prior to the opening of the
8 qualifying period for the primary election. If this deadline falls on a Saturday,
9 Sunday, or legal holiday, then the deadline shall be the following day which is not
10 a Saturday, Sunday, or legal holiday. If the election is not to be held on a primary
11 election date, then the notice and certificate shall be received by the secretary of state
12 on or before the sixty-first day prior to the election. The secretary of state shall not
13 accept any revisions to propositions, including but not limited to changes in title,
14 text, or numerical designations, after the last day for submission of the notice and
15 certificate to the secretary of state, unless prior to the printing of the ballots, the
16 revision will correct a typographical error and the revision has been approved by the
17 governing authority that called the proposition election.
18 * * *
19 §1307. Application by mail
20 * * *
21 E. A person entitled to vote absentee by mail may request in his application
22 for an absentee ballot for a primary election that an absentee ballot for the
23 succeeding general election be sent to him when such ballots become available for
24 distribution; however, in such case, the applicant shall declare in writing to the
25 registrar that he will be eligible to vote absentee by mail in the general election. For
26 purposes of this Subsection, a party primary election and the succeeding general
27 election for a party primary office are two separate elections. Separate requests shall
28 be made to vote absentee by mail for the party primary election and for the
29 succeeding general election.
30 * * *
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1 L. The registrar shall not send an absentee ballot for a closed party primary
2 election for which the voter is not eligible.
3 * * *
4 §1309. Early voting; verification
5 * * *
6 N.
7 * * *
8 (5) A list of early voting watchers shall be filed with the registrar of voters
9 by hand delivery, facsimile, mail, or commercial courier before 4:30 p.m. on the
10 fourteenth business day before the first day of early voting for the party primary,
11 primary, or general election; however, if the fourteenth business day before the first
12 day of early voting for the party primary, primary, or general election falls on a
13 Saturday, Sunday, or other legal holiday, the list shall be filed on the next day which
14 is not a Saturday, Sunday, or other legal holiday. For purposes of this Paragraph,
15 "commercial courier" shall have the same meaning as provided in R.S. 13:3204(D).
16 * * *
17 (7) A list of early voting watchers submitted for the party primary or primary
18 election may be used for the second party primary, primary, or general election only
19 if the chairman of the parish executive committee of the political party notifies the
20 registrar of voters in writing by 4:30 p.m. on the tenth business day before the start
21 of early voting for the second party primary, primary, or general election that the
22 chairman wants to use the same list of early voting watchers.
23 * * *
24 §1310. Execution of certificate; marking of ballot; casting vote; assistance
25 * * *
26 F. If a voter who is not affiliated with a political party receives an absentee
27 ballot for the first party primary for a certain major political party in an election for
28 a party primary office and would like to choose the ballot for the first party primary
29 of a different major political party before his ballot has been cast and returned to the
30 registrar, he may obtain a replacement ballot from the registrar.
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1 Section 3. Section 2 of Act No. 1 of the 2024 First Extraordinary Session of the
2Legislature is hereby amended and reenacted to read as follows:
3 "Section 2. This (A) Solely for the purposes of qualifying for
4 elections in 2026 and for other activities and requirements related to the
5 conduct of elections in 2026, the provisions of Section 1 of this Act shall
6 become effective on June 12, 2025.
7 (B) For all other purposes, the provisions of this Act shall become
8 effective on January 1, 2026."
9 Section 4. Section 5 of Act No. 640 of the 2024 Regular Session of the Legislature
10is hereby amended and reenacted to read as follows:
11 "Section 5.(A) Solely for the purposes of qualifying for elections in
12 2026 and for other activities and requirements related to the conduct of
13 elections in 2026, the provisions of this Act shall become effective on August
14 1, 2025 June 12, 2025.
15 (B) For all other purposes, the provisions of this Act shall become
16 effective on January 1, 2026."
17 Section 5.(A)(1) R.S. 18:467 as amended and reenacted by Act No. 640 of the 2024
18Regular Session of the Legislature shall supersede R.S. 18:467(introductory paragraph) as
19amended and reenacted by Act No. 1 of the 2024 First Extraordinary Session of the
20Legislature.
21 (2) R.S. 18:410.6 as amended and reenacted by Act No. 640 of the 2024 Regular
22Session of the Legislature shall supersede R.S. 18:410.6 as enacted by Act No. 1 of the 2024
23First Extraordinary Session of the Legislature.
24 (3) R.S. 18:410.10 as amended and reenacted by Act No. 640 of the 2024 Regular
25Session of the Legislature shall supersede R.S. 18:410.10 as enacted by Act No. 1 of the
262024 First Extraordinary Session of the Legislature.
27 (B) R.S. 18:192(A)(1) and (2), 402(A)(1), (D), and (E)(1), 410.1 through 410.3,
28410.4(B), 410.5(A), 410.6(B)(1) and (2), 410.7(A), (B)(1) and (2), and (C), 410.8, 410.9(A),
29and 1285(B)(1)(a) as amended and reenacted by this Act shall supersede those provisions
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1as amended and reenacted in Act No. 1 of the 2024 First Extraordinary Session of the
2Legislature and Act No. 640 of the 2024 Regular Session of the Legislature.
3 (C) R.S. 18:192(A)(1), 402(E)(1), and 1285(B)(1)(a) as amended and reenacted in
4Section 2 of this Act shall, on the effective date of Section 2 of this Act, supersede those
5provisions as amended and reenacted in Section 1 of this Act.
6 Section 6. R.S. 18:1280.21(C) and (D), 1280.21.1, and 1371(A)(2)(c) are hereby
7repealed in their entirety.
8 Section 7. Section 2 of Act No. 640 of the 2024 Regular Session of the Legislature
9is hereby repealed in its entirety.
10 Section 8.(A) The Louisiana State Law Institute is authorized and directed to arrange
11in alphabetical order and renumber the definitions contained in R.S. 18:2 and to correct any
12cross-references to the renumbered Paragraphs if necessary, consistent with the provisions
13of this Act.
14 (B) The Louisiana State Law Institute is authorized and directed to redesignate the
15references to R.S. 18:402(B) and (C) that appear in R.S. 18:513(A)(5), R.S. 33:383(A), and
16R.S. 33:1885 to reference R.S. 18:402.
17 Section 9.(A) Sections 1, 6, and 8 of this Act shall become effective August 1, 2025.
18 (B)(1) Solely for the purposes of qualifying for elections in 2026 and for other
19activities and requirements related to the conduct of elections in 2026, Section 2 of this Act
20shall become effective June 12, 2025.
21 (2) For all other purposes, the provisions of Section 2 of this Act shall become
22effective January 1, 2026.
23 (C) This Section and Sections 3, 4, 5, and 7 of this Act shall become effective upon
24signature by the governor or, if not signed by the governor, upon expiration of the time for
25bills to become law without signature by the governor, as provided by Article III, Section
2618 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved
27by the legislature, this Section and Sections 3, 4, 5, and 7 of this Act shall become effective
28on the day following such approval.
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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 592 Engrossed 2025 Regular Session Beaullieu
Abstract: Provides for revisions to the La. Election Code.
Duties of the Secretary of State
Present law (R.S. 18:18(D) and 154) authorizes the secretary of state (secretary) to enter into
cooperative agreements with the Electronic Registration Information Center. Proposed law
repeals present law and instead authorizes the secretary to enter into written agreements with
other state and federal governmental agencies and private vendors that provide voter
registration and address data.
Present law (R.S. 18:1409) provides for actions objecting to candidacy. Proposed law
provides that neither the secretary nor any employee engaged in the administration of or
charged with the custody of any records or files of the Dept. of State shall be subject to
subpoena or otherwise required to appear in court for an objection to candidacy. Further
provides that in lieu of live testimony for any action filed, a properly executed affidavit
issued by the secretary of state or his designee shall serve as sufficient confirmation as to the
accuracy of the records and files of the Dept. of State for such purposes.
Present law provides that the secretary of state shall give a parish governing authority
notification of certain information as it relates to the delivery of voting machines. Proposed
law repeals present law.
Present law (R.S. 18:1309.1) provides that a candidate or his representative may be present
to observe the preparation of testing and machines. Proposed law retains present law except
to clarify that the secretary of state's technicians, and not the registrar of voters, conducts the
testing.
Voter Registration
Present law provides that any voter whose registration has been canceled because the voter
has registered in another parish or in another state, if such voter makes application to register
in the parish in which he was previously registered to vote within three years after the
cancellation of his registration in that parish, may have his previous registration reinstated.
Proposed law removes the requirement that the registrant had been registered within the
prior three years.
Present law (R.S. 18:111) requires a registered voter to submit certain documentation to
change his name. Proposed law authorizes the voter to present his La. driver's license or La.
special identification card or social security number.
Present law prescribes the names that a married woman may use for registration. Proposed
law provides that a married person may be registered using the surname of either or both
spouses as a surname, or in a hyphenated combination thereof and allows the person to use
his La. driver's license or La. special identification card or social security number to make
the change.
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Polling locations
Present law (R.S. 18:401.2) provides for the relocation of polling places during a state of
emergency. Proposed law retains present law and further provides for the consolidation of
polling places or providing for multiple polling places in a precinct during a state of
emergency.
Present law (R.S. 18:1286.1) provides for the consolidation of polling places. Proposed law
specifies that the consolidation applies so that when a single location serves as a polling
place of more than one precinct, the consolidation may provide for the single polling place
to serve every precinct assigned to that location.
Commissioners and watchers
Present law (R.S. 18:425 and 426) provides for qualifications for commissioners and
alternate commissioners. Proposed law retains present law.
Present law provides that an alternate commissioner who does not replace a commissioner
shall have the same powers and duties as a watcher. Proposed law repeals present law.
Proposed law (R.S. 18:1286(C)) provides that when the number of commissioners for each
precinct in an election called on a general election date is less than the number of
commissioners chosen for the primary election date, the appropriate number of
commissioners shall be chosen from the list of commissioners who worked at the precinct
for the primary election.
Proposed law (R.S. 18:1309(N)(2)) provides that no person who is required to register as a
sex offender or child predator may serve as a commissioner or commissioner-in-charge.
Proposed law retains present law and further provides the same for watchers.
Present law (R.S. 18:434) provides that the parish board of election supervisors shall meet
at 10:00 a.m. on the 29th day before a primary election. Proposed law instead provides that
the parish board shall meet on the second day after the close of registration.
Present law (R.S. 18:435) authorizes political parties to designate super watchers. Proposed
law further authorizes political parties to designate alternate super watchers and that both a
political party super watcher and an alternate political party super watcher may serve on
election day, except that the political party super watcher and alternate political party super
watcher may not serve at the same time and no more political party super watchers and
alternate political party super watchers may serve at one time than the number of political
party super watchers otherwise allowed to serve.
Ballots
Present law provides for the arrangement of the ballot. Proposed law changes the
arrangement of the ballot to account for closed party primary candidates and provides that
candidates nominated by nominating petition are listed alphabetically by the first word of
the political principle designated in the notice of candidacy.
Present law (R.S. 18:1300.11) provides for the arrangement of ballots for recall elections and
provides specific instructions on how the ballot shall appear. Proposed law retains the
substance of the ballot without the specific instructions.
Proposed law (R.S. 18:1310) provides that if a voter is notified by the registrar of voters in
his parish of a deficiency on his absentee by mail ballot certificate that must be cured, he
may obtain a replacement ballot from the registrar and the registrar may make the ballot
available via hand delivery to the voter or an immediate family member of the voter.
For the presidential preference primary election, present law (R.S. 18:1280.21) authorizes
the state central committee of a recognized political party to allow in its bylaws for electors
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who are not affiliated with any political party to cast a vote on the ballot of such recognized
political party. Proposed law repeals present law.
Present law (R.S. 18:1313 and 1313.1) provides that the board shall announce certain results
after counting absentee by mail and early voting ballots. Proposed law provides that the
board shall post, rather than announce, the results.
Present law (R.S. 18:1299.1) requires the governing authority or entity submitting a question
or proposition to the voters to prepare the question or proposition for the ballot and requires
the proposition to be comprised of simple, unbiased, concise, and easily understood language
in the form of a question. Further prohibits the question from exceeding 200 words and
including words that are struck through, underscored, or in boldface type. Provides that the
secretary of state is responsible for ensuring that the proposition complies with present law.
Proposed law retains present law, except to provide that the governing authority, rather than
the secretary of state, is responsible for ensuring the proposition be comprised of simple,
unbiased, concise, and easily understood language. Proposed law retains present law
requirement that the secretary of state ensure that the proposition does not exceed 200 words,
does not include words that are struck through, underscored, or in boldface type, and is in
the form of the question.
Election dates
Present law (R.S. 18:402, 434, 1285, 1300 and 1300.7) provides for the calculation of dates
related to the administration of elections. Proposed law provides that if a deadline falls on
a Saturday, Sunday, or legal holiday, then the deadline shall be the following day which is
not a Saturday, Sunday, or legal holiday.
Present law (R.S. 18:402) provides for prohibited election days. Proposed law provides that
the three days following Thanksgiving Day are prohibited election days.
Present law (R.S. 18:1280.21.1) provides for the presidential preference primary election in
2020. Proposed law repeals present law.
Campaign finance
Present law (R.S. 18:1501.3) authorizes the governor to receive contributions for
gubernatorial transition and inauguration and requires the governor to report within 60 days
following the inauguration and annually thereafter to report certain information regarding
such contributions. Proposed law provides that each report shall be complete through
January 31st.
Closed party primaries
Proposed law (R.S. 18:401.1(H)) provides a vacancy in a party primary office that may not
be filled by appointment, designation, or in accordance with the timeframes required by law
shall constitute an emergency. If the vacancy may not be filled in a timely manner in
accordance with the election dates provided by present law, the governor may proclaim a
state of emergency for purposes of calling a special election to fill the vacancy. Following
the issuance of the emergency proclamation, the authority required by law to call a special
election to fill the vacancy in office shall, in consultation with and with the certification of
the secretary, issue a proclamation ordering a special election. The proclamation ordering
the special election shall include the dates for qualifying, early voting, the primary election,
the general election, and at least one party primary election and make all provisions
necessary to conduct an election in a timely manner notwithstanding the dates, timing, and
delays otherwise provided by present law.
Proposed law (R.S. 18:402) designates dates to be used for the first and second party primary
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election for a special election called to fill a vacancy in a party primary office.
Present law (R.S. 18:410.1) provides that only certain political parties may participate in
closed party primaries and designates such parties as "recognized political parties" for
purposes of closed party primaries. Proposed law instead provides that such parties are
designated as "major political parties".
Present law (R.S. 18:410.3) provides that voters not affiliated with a political party may vote
in a party primary. Proposed law provides that if an unaffiliated voter chooses to vote in the
first party primary of one political party, the unaffiliated voter shall not vote in the second
party primary of another political party.
Proposed law provides that if an unaffiliated voter receives an absentee ballot for the first
party primary for a certain recognized political party in an election for a party primary office
and would like to choose the ballot for the first party primary of a different recognized
political party before his ballot has been cast and returned to the registrar, he may obtain a
replacement ballot from the registrar.
Present law (R.S. 18:501) provides that a candidate in a primary election may withdraw from
the election by filing notice of his withdrawal with the secretary prior to 4:30 p.m. on the
seventh day after the close of the qualifying period. Proposed law further provides that a
candidate in a first party primary election may withdraw from the election by filing notice
of his withdrawal with the secretary prior to 4:30 p.m. on the seventh day after the close of
the qualifying period.
Present law provides that a candidate in a general election may withdraw from the election
by filing notice of his withdrawal with the secretary prior to 4:30 p.m. on the ninth day after
the date of the primary election. Proposed law further provides that a candidate in a general
election for a party primary office may withdraw from the election by filing notice of his
withdrawal with the secretary prior to 4:30 p.m. on the ninth day after the second party
primary election date, regardless of whether a second party primary election is held.
Present law (R.S. 18:1307) authorizes persons entitled to vote absentee by mail to request
in his application for an absentee ballot for a primary election that an absentee ballot for the
succeeding general election be sent to him when such ballots become available for
distribution. Proposed law provides that a party primary election and the succeeding general
election for a party primary office are two separate elections and that separate requests shall
be made to vote absentee by mail for the party primary election and for the succeeding
general election. Further provides that the registrar shall not send an absentee ballot for a
closed party primary election for which the voter is not eligible.
Present law (Act No. 640 of the 2024 R.S.) provides that provisions related to closed party
primaries adopted in the 2024 First Extraordinary Session of the Legislature and the 2024
Regular Session of the Legislature are effective for purposes of qualifying for elections in
2026 and for other activities and requirements related to the conduct of elections in 2026
shall become effective on Aug. 1, 2025, and shall become effective for all other purposes on
Jan. 1, 2026.
Proposed law instead provides that provisions of present law related to closed party
primaries are effective for purposes of qualifying for elections in 2026 and for other
activities and requirements related to the conduct of elections in 2026 shall become effective
on June 12, 2025 and for all other purposes on Jan. 1, 2026.
Miscellaneous
Present law (R.S. 18:25) requires the State Board of Election Supervisors (state board) to
annually report to the House and Governmental Affairs Committee and the Senate and
Governmental Affairs Committee its findings, observations, and recommendations
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concerning all aspects of elections no later than Jan. 31 of each year. Proposed law instead
requires the report be submitted no later than 45 days prior to the start of each regular
session of the legislature.
Present law (R.S. 18:1333) provides that participants in the nursing home early voting
program shall remain enrolled in the program indefinitely except if certain actions are taken.
Proposed law provides that if a notification letter sent by the registrar of voters to the
participant is returned as undeliverable, the registrar shall mail an address confirmation
notice to the voter.
Present law (R.S. 18:1363) provides for the allocation of voting machines for each voting
precinct. Provides that three machines shall be allocated to each precinct where more than
1,000 voters but not more than 1,400 voters were registered to vote and four machines shall
be allocated where more than 1,400 voters are registered. Proposed law instead provides that
three machines shall be allocated to precincts where more than 1,000 and less than 1,800
voters are registered to vote and four machines shall be allocated where more than 1,800
voters.
Present law (R.S. 18:1401(C)) authorizes a qualified elector to bring an action objecting to
any election in which any proposition is submitted to the voters if he alleges that except for
irregularities or fraud in the conduct of an election the result would have been different.
Proposed law retains present law.
Present law (R.S. 18:1405(C)) provides that the action contesting an election on a proposed
constitutional amendment shall be instituted not later than 4:30 p.m. of the 10th day after the
official promulgation of the results of the election. Proposed law retains present law and
further provides that the action shall be instituted no earlier than the day after the election.
Present law (R.S. 18:2(4)) provides a definition of "immediate family". Proposed law
includes grandparents and grandchildren as "immediate family".
Proposed law (R.S. 18:2(20)) defines "affidavit" as an oath or affirmation signed by the
affiant before a notary public, or before a commissioner-in-charge, commissioner, registrar
of voters, deputy registrar of voters, early voting commissioner, or secretary of state election
staff, as specifically required in present law. Proposed law further changes references to
"affidavit" as they appear in present law, when they do not meet the proposed law definition
of "affidavit", to instead be referred to as an "attestation".
Effectiveness
Provisions of proposed law related to closed party primaries are effective for purposes of
qualifying for elections in 2026 and for other activities and requirements related to the
conduct of elections in 2026 shall become effective on June 12, 2025, and for all other
purposes on January 1, 2026.
Provisions of proposed law not related to closed party primaries effective August 1, 2025.
(Amends R.S. 18:2(4), 18(D), 25(B), 104(C)(1)(intro. para.), 108(A) and (C), 111,
154(C)(2)(e), 192(A)(1) and (2), 401.2(A) and (B)(1), (2), and (3), 402(A)(1), (D),
(E)(1)(intro. para.), and (G)(1), 410.1-410.3, 410.4(B), 410.5(A), 410.6(B)(1) and (2),
410.7(A), (B)(1) and (2), and (C), 410.8, 410.9(A), 425.1, 426(A) and (B), 434(A)(1),
435(A)(4)(b) and (c) and (B)(1), 501(A)(1), (B)(1), and (C), 531(B), 533(A)(2) and (B)(1),
534(A) and (B)(1) and (2)(a), 551(B), (C)(1)(c)(i) and (2), and (D), 553(E)(2), 571(A)(8),
573(E)(1) and (4), 1259(B)(6) and (C), 1279, 1280.21(B), 1285(B)(1)(a), 1286.1, 1299.1,
1300(C)(1), 1300.7(A), 1300.11, 1306(E)(1)(f), 1307(E), 1309(D)(1)(c) and (d) and (2),
(E)(1), and (N)(2), (5), and (7), 1309.1(A), 1313(F), (H)(3), and (K)(1), 1313.1(F), (I)(2),
and (L)(1), 1315(D)(1), 1333(D)(2) and (E), 1363(A)(3) and (4), 1405(C), and
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1501.3(C)(intro. para.); Adds R.S. 18:2(20), 401.1(H), 1280.31, 1286(C), 1307(L), 1310(E)
and (F), 1333(D)(3), and 1409(K); Repeals R.S. 18:1280.21(C) and (D), 1280.21.1,
1371(A)(2)(c), and §2 of Act No. 640 of the 2024 R.S.)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the original bill:
1. Provide specifically that state and federal governmental agencies and private
vendors that provide voter registration and address data are the entities the
secretary of state may enter into written agreements with for purposes of voter
list maintenance.
2. Assign responsibility to governing authorities to ensure that the ballot language
for propositions submitted to the voters is simple, unbiased, concise, and easily
understood.
3. Require that actions contesting an election on a proposed constitutional
amendment be instituted no earlier than the day after the election.
4. Provide for effectiveness.
5. Make technical changes.
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