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.
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 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
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 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 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 ยง2 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.