2009 Louisiana Laws TITLE 18 Louisiana election code :: RS 18:1461 Bribery of voters; penalties

CHAPTER 10.  ELECTION OFFENSES

§1461.  Election offenses; penalties

A.  No person shall knowingly, willfully, or intentionally:

(1)  Fail, refuse, or neglect to discharge any duty imposed upon him, either individually or in an official capacity, by any provision of this Title.

(2)  Being a commissioner, permit fraudulent votes to be cast, or knowingly count votes not entitled to be cast.

(3)  Have in his possession an official ballot in violation of any provision of this Title.

(4)  Offer, promise, solicit, or accept money or anything of present or prospective value to secure or influence a vote or registration of a person.

(5)  Forge, alter, add to, deface, take, destroy, or remove from proper custodial care any book, card, record, election return, nomination papers, withdrawals of candidacy, election supplies, election paraphernalia, or any affidavit or other document required or provided for under the provisions of this Title, unless required to be removed by a court of competent jurisdiction for inspection and photostatic copying for the court record.

(6)  Intimidate, deceive, or misinform, directly or indirectly, any voter or prospective voter in matters concerning voting or nonvoting or voter registration or nonregistration, including but not limited to any matter concerning the voluntary affiliation or nonaffiliation of a voter with any political party.

(7)  Vote or attempt to vote more than once at an election.

(8)  Offer money or anything of present or prospective value or use, directly or indirectly, any form of intimidation to influence the action or encourage inaction of any public official with regard to the duties of his office or to influence a commissioner or watcher in his decision to serve or not to serve as such or in the performance of his duties on election day.

(9)  Disobey any lawful instruction of the commissioners or a law enforcement officer assisting at the polls, or without lawful authority obstruct, hinder, or delay any voter on his way to or while returning home from any polling place where an election is being held or on his way to or while returning home from a place where he can legally exercise a vote concerning candidate representation of his party.

(10)  Vote or attempt to vote, knowing that he is not qualified, or influence or attempt to influence another to vote, knowing such voter to be unqualified or the vote to be fraudulent.

(11)  Register, vote, or attempt to register or vote in the name of another or in an assumed or fictitious name, or in any manner other than as provided in this Title.

(12)  Have in his possession the registration certificate of another with intent to violate any provision of this Title.

(13)  Supply a false answer or statement to an election official or in any document required by this Title, or execute an affidavit knowing it to contain false or incorrect information.

(14)  Forge the name of another or use a fictitious name on an affidavit or document required under this Title.

(15)  Unlawfully, directly or indirectly, possess, tamper with, break, impair, impede, or otherwise interfere with the maintenance, adjustment, delivery, use, or operation of any voting machine or part thereof or with any of the paraphernalia connected with or appertaining thereto.

(16)  As a voter, commissioner, watcher, or person assisting a voter, allow a ballot to be seen, except as provided by law; announce the manner in which a person has cast his vote; place a distinguishing mark on a ballot with intent to make the ballot identifiable, or make a false statement concerning ability to mark a ballot without assistance.

(17)  Give or offer to give, directly or indirectly, any money or thing of present or prospective value to any person who has withdrawn or who was eliminated prior or subsequent to the primary or first or second primary election as a candidate for public office, for the purpose of securing or giving his political support to any remaining candidates or to candidates for public office in the primary or first or second primary or general election.

(18)  Being a physician, certify to the disability of a voter under R.S. 18:1304, or certify that a person will be hospitalized on election day, knowing such information to be false.

(19)  Breach any mandatory provision of this Title.

(20)  Procure or submit voter registration applications that are known by the person to be materially false, fictitious, or fraudulent.

(21)  While in the voting booth assisting another person in voting, coerce, compel, or otherwise influence the assisted voter to cast his vote in a certain way.

(22)  Being a commissioner, fail to identify an applicant to vote as required by this Title.

(23)  Fail to submit to the parish registrar of voters a completed registration application collected through a registration drive within thirty days of receipt of the completed application from the applicant.

(24)  When assisting a voter in voting, fail to mark the ballot or vote in the manner dictated by the voter.

B.  Whoever violates any provision of this Section shall be fined not more than one thousand dollars or be imprisoned for not more than one year, or both.  On a second offense, or any succeeding offense, the penalty shall be a fine of not more than two thousand five hundred dollars or imprisonment for not more than five years, or both.

C.(1)  Notwithstanding any other provision of law to the contrary and in addition to the penalties provided in Subsection B of this Section, any candidate who is elected to public office and is convicted of an election offense as provided in Paragraphs (A)(4), (6), (10), (13), (14), and (17) of this Section that is related to his campaign for such public office shall forfeit such public office.  If such conviction becomes final prior to the candidate taking the oath of office for such public office, the candidate shall forfeit the public office and shall not be allowed to hold such public office and such public office shall be declared vacant at the time such conviction becomes final.  If the conviction for such election offense does not become final until after such candidate has taken the oath of office for such public office, then, at the time such conviction becomes final, he shall forfeit such public office and shall be, ipso facto, removed from such public office and such public office shall be declared vacant.

(2)  However, if such candidate held such public office at the time of the commission of the election offense, he shall be allowed to serve the remainder of the term he was then serving, but, at the time his conviction for the election offense becomes final, he shall forfeit the public office for the subsequent term.  If he has taken the oath of office for the subsequent term, he shall, at the time the conviction for the election offense becomes final, forfeit such public office and shall be, ipso facto, removed from such public office and such public office shall be declared vacant.

(3)  Any vacancy in a public office occurring as a result of the provisions of this Subsection shall be filled as in the case of ordinary vacancies and according to the constitution and laws of the state.

Acts 1976, No. 697, §1, eff. Jan. 1, 1978.  Amended by Acts 1980, No. 786, §1, eff. Jan. 1, 1981; Acts 1994, 3rd Ex. Sess., No. 10, §1, eff. Jan. 1, 1995; Acts 1997, No. 353, §1; Acts 1997, No. 594, §1; Acts 1997, No. 752, §1; Acts 1999, No. 985, §1; Acts 2001, No. 1181, §1, eff. Jan. 1, 2002; Acts 2004, No. 889, §1, eff. Jan. 1, 2005; Acts 2005, No. 431, §1, eff. Jan. 1, 2006; Acts 2006, No. 560, §1, eff. Jan. 1, 2007; Acts 2009, No. 436, §1, eff. Jan. 1, 2010.