2009 Louisiana Laws TITLE 18 Louisiana election code :: RS 18:1309 Early voting application and early voting

§1309.  Early voting application and early voting

A.(1)  The periods for conducting early voting application and early voting shall be from fourteen days to seven days prior to any scheduled election.

(2)  During the early voting period, the registrar shall maintain regular office hours, remaining open from 8:30 a.m. to 6:00 p.m. Monday through Saturday.  Early voting on the last day of voting will terminate when all persons who were in line to vote at the close of the regular office hours of the registrar's office, as provided in this Paragraph, have been allowed to vote.  If the office space of the registrar is insufficient or inconvenient to accommodate early voting, the registrar may provide for an alternate location to conduct early voting, which location shall be in the courthouse or in a public building in the immediate vicinity thereof, and in such case, adequate notice shall be posted at the registrar's office informing the public of the location where early voting is being conducted.

(3)  A law enforcement officer shall not interfere with the conduct of the election, the voters, or the election officials.  However, a registrar may use law enforcement officers to maintain order at any location where early voting is conducted.

(4)  A registrar shall observe the holidays which are provided by law or proclaimed by the governor for state departments during any period for conducting early voting application and early voting.

B.(1)  For the purpose of facilitating early voting, the registrar may designate, in addition to the location for early voting provided in Subsection A of this Section, one branch office wherein early voting may be conducted.  Any such branch office shall be located in a public building, and the hours during which early voting may be conducted therein shall be fixed by the registrar as provided in Subsection A of this Section.  However, if a branch office of a registrar is destroyed, inaccessible, or unsafe during or following a gubernatorially declared state of emergency, the registrar may utilize a temporary building as a branch office to discharge his duties until an office that meets the requirements of this Section becomes available.  Such temporary office shall be located within the parish, or if there is no appropriate location within the parish due to the emergency, then in an immediately adjacent parish, or if there is no appropriate location in any immediately adjacent parish due to the emergency, then in the nearest parish in which there is an appropriate location.

(2)  The registrar shall provide or post the instructions, informational posters, if required, the statement of proposed constitutional amendments on the ballot, and a certified screenshot as a sample ballot in a conspicuous place at the principal entrance to the early voting polling place, where they shall remain posted throughout early voting.

C.  In parishes which extend in one direction more than fifty miles and which are interspersed with navigable waters, the registrar may designate, in addition to the locations for early voting provided for in Subsections A and B of this Section, one additional branch office wherein early voting may be conducted.  Any such branch office shall be located in a public building and the hours during which early voting may be conducted therein shall be fixed by the registrar.

D.(1)  Before any voter is allowed to vote during early voting, the registrar or his deputy shall establish the voter's identity by requiring him to submit a Louisiana driver's license, a Louisiana special identification card issued pursuant to R.S. 40:1321, or other generally recognized picture identification card that contains the name and signature of the voter.  If the voter does not have a Louisiana driver's license, a Louisiana special identification card, or other generally recognized picture identification card that contains the name and signature of the voter, the voter shall sign, in the presence of the registrar or his deputy, an affidavit to that effect provided by the secretary of state.  The registrar or his deputy shall retain the affidavit in the office of the registrar of voters, and the voter shall provide further identification by presenting his current registration certificate, giving his date of birth, or providing to the registrar or his deputy, upon request, other information regarding the voter contained in the precinct register.  A voter who votes without the picture identification required by this Paragraph is subject to challenge as provided in R.S. 18:1315.

(2)  If the voter's name is found in the precinct register on the inactive list of voters, the voter shall be required to complete an address confirmation card to determine his eligibility to vote.

E.(1)  Upon a voter's application to vote during early voting, the registrar or his deputy shall obtain the information required to be included on the list provided in R.S. 18:1311(A).

(2)  The voter shall sign or make his mark in the precinct register or list kept by the registrar prior to voting.

(3)  The registrar or deputy registrar shall electronically generate the early voting application and retain the application in the office of the registrar.  The voter then shall be allowed to cast his vote in an area and in a manner that protects the secrecy of his vote.

(4)(a)  In order to cast a vote on a voting machine, a voter shall make a selection in a candidate or proposition election.  Voting is completed by activating the cast vote mechanism.  If the voter has made any selection in a candidate or proposition election but has failed to activate the cast vote mechanism, the registrar or his deputy, observed by a deputy registrar or, in the absence of a deputy registrar, a witness, shall activate the cast vote mechanism for the fled voter without altering any selections made by the voter.  In the case of vote activation in the presence of a witness, the registrar or deputy registrar shall record the name and address of the witness.

(b)  In order to cast a vote on a paper ballot, a voter must make a selection for a candidate or for or against a proposition by completely filling in the oval to the right of a selection and returning the ballot to the appropriate election official within the applicable deadline set forth by law.  If a voter makes selections for more than the number of candidates to be elected for an office or makes selections for and against the same proposition, the selections for that office or proposition will be void.

(5)  Repealed by Acts 2009, No. 436, §2, effective January 1, 2010.

(6)  If a person who votes during early voting at the registrar's office casts his vote on an incorrect ballot as provided to him by the registrar or his deputy and the time for early voting has not expired, the registrar or his deputy shall void the incorrect ballot and permit the voter to vote the correct ballot.

F.  By no later than the fifth day before an election, the registrar shall have received from the branch office all ballots, early voting applications, ballot envelopes, certificates, lists, and other election paraphernalia.  Immediately upon receipt of these materials, the registrar shall compare the information contained on each early voting application, the flap certificate of each ballot, and the signed lists with the information contained in the precinct register.  If the registrar finds any discrepancies between the information contained on an early voting application or the flap certificate of a ballot envelope and that contained in the precinct register, he shall make a note thereof on the front of the ballot envelope or early voting application.

G.  Prior to delivery of the precinct register to the parish custodian, the registrar shall enter the word "absentee" and the date of the election in the proper space on the precinct register for each voter who voted during early voting and for each voter who voted absentee by mail whose ballot the registrar had received on or before the last day for early voting.

H.  In the event of the inability to utilize voting machines for early voting within a parish, the registrar may utilize paper ballots for early voting.

I.  Upon approval of the secretary of state, a registrar of voters may utilize commissioners selected and trained by the registrar of voters to assist the registrar during the early voting period in the conduct of early voting by his office.  A registrar of voters shall, in seeking the approval of the secretary of state, indicate to the secretary the number of commissioners that is required for such assistance.  A commissioner who assists the registrar in the conduct of early voting shall be paid in accordance with R.S. 18:426.1(3) for each day of such assistance.

J.(1)  Only a certified commissioner may be selected to serve as an early voting commissioner.

(2)  A person to whom one or more of the following applies shall not serve as an early voting commissioner:

(a)  The person is a candidate in the election.

(b)  An immediate family member of the person is a candidate for election to public office in the election.

(c)  The person is marked for assistance in voting in the precinct register or requires the use of the audio ballot in voting.

(d)  The person has been convicted of an election offense enumerated in Chapter 10 of this Title.

K.  During early voting the registrar of voters shall make available to the public at each location where early voting is conducted copies of the state mail voter registration application forms.

Acts 1976, No. 697, §1, eff. Jan. 1, 1978.  Amended by Acts 1980, No. 506, §1, eff. Jan. 1, 1981; Acts 1981, No. 106, §1, eff. July 3, 1981; Acts 1982, No. 10, §1, eff. Jan. 1, 1983; Acts 1983, No. 519, §1, eff. July 8, 1983; Acts 1984, No. 672, §1; Acts 1985, No. 755, §1; Acts 1987, No. 831, §1, eff. Jan. 1, 1988; Acts 1989, No. 179, §1, eff. Jan. 1, 1990; Acts 1992, No. 949, §1, eff. Jan. 1, 1993; Acts 1997, No. 1420, §1, eff. Jan. 1, 1998; Acts 1999, No. 254, §1, eff. Jan. 1, 2000; Acts 2001, No. 1181, §1, eff. Jan. 1, 2002; Acts 2002, 1st Ex. Sess., No. 130, §§1, 3, eff. April 23, 2002; Acts 2003, No. 1220, §2, eff. July 3, 2003; Acts 2004, No. 526, §2, eff. June 25, 2004; Acts 2005, No. 220, §1, 4, eff. Jan. 1, 2006; Acts 2005, No. 431, §1, eff. Jan. 1, 2006; Acts 2006, No. 403, §1, eff. June 15, 2006; Acts 2006, No. 569, §1, eff. June 23, 2006; Acts 2007, No. 229, §1; Acts 2007, No. 240, §1; Acts 2008, No. 136, §1, eff. June 6, 2008; Acts 2008, No. 167, §1, eff. June 12, 2008; Acts 2009, No. 369, §1, eff. Aug. 15, 2009, and §2, eff. Jan. 1, 2010; Acts 2009, No. 436, §2, eff. Jan. 1, 2010.