ASIAN AMERICAN LEGAL DEFENSE AND EDUCATION FUND
99 HUDSON STREET, 12th FL • NEW YORK, NY 10013 • TEL 212.966.5932 • www.aaldef.org • [email protected]
Voter Rights, Legal Issues in Voter Registration, and Election Rules for Nonprofits
LOUISIANA
Voting is a fundamental right. Yet participating in the American electoral system either as a
citizen or as a nonprofit organization involves certain rights and responsibilities. A voter is
entitled to certain rights so that they can access the ballot in their own language, cast an informed
vote, and preserve their vote should problems arise. Organizations are able to help their
constituents and members participate in the electoral process, but special rules apply to taxexempt organizations. Moreover, a series of new state laws may make voting on Election Day or
registering to vote more difficult.
This legal fact sheet is intended to inform a voter of their rights and review legal issues when
organizations seek to encourage voter participation. This fact sheet will review state law and
federal laws under the Help America Vote Act of 20021, National Voter Registration Act of
19932, Voting Rights Act of 19653 and rules and opinions from the Internal Revenue Service.4
Nonprofit organizations that are tax-exempt under the IRS (i.e., designated as a 501(c)(3) are
expressly allowed by the IRS to engage in election-related activities, such as voter registration
drives, voter education, and voter turnout. But all activities must be nonpartisan in that they do
not endorse or prefer a particular candidate for elective office or a political party (i.e., Democrat
or Republican).5
This fact sheet provides an overview of the law. However, individuals and organizations that
have specific concerns or questions should contact an AALDEF attorney for customized legal
advice through emailing [email protected] or calling 212-966-5932.
I. Voter Registration
In order to vote, a citizen must first complete a voter registration form. A voter should also reregister if he or she moved, had a change of name, or wants to change party affiliation.
In order to be eligible to register, a resident in Louisiana must be a U.S. citizen and 18 years old
by the date of the general election.6
Federal and Louisiana laws generally allow anyone to conduct nonpartisan voter registration
drives.7 Louisiana laws are mostly silent on voter registration help from private parties, although
1
Pub. L. 107-252, 42 U.S.C. 15301
42 U.S.C. § 1973gg
3
42 U.S.C. § 1973
4
26 U.S.C. § 501(c)(3)
5
26 U.S.C. § 501(c)(3), Rev. Rul. 2007-41, 2007-25 I.R.B. 1421
6
La. Rev. Stat. Ann. § 18:101 (2011)
7
National Voter Registration Act, 42 U.S.C. § 1973gg
2
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they require completed registration applications collected through a registration drive be
submitted within 30 days of receipt of the applications.8 At voter registration drives, volunteers
and staff distribute voter registration forms, encourage citizens to complete these forms, provide
assistance such as translation, and answer questions.
AALDEF advises that organizations:



collect the completed forms
photocopy the forms before submitting them to the elections office, and
hand-deliver them to the appropriate elections office.
Copying the forms is recommended as proof that the forms were submitted, in case they are later
lost or mishandled by elections officials. The hand delivery of forms may prevent a voter from
being subject to additional voter identification requirements required under federal law.9
Although citizens can register to vote at any time during the year, they must complete
registration at least 30 days before the election to take effect.10
Voter registration drives can target a particular racial or ethnic group, neighborhood, or the
organization’s clients / members / constituents.11 But if citizens who are not members of that
minority group or neighborhood, or are not affiliated with the target population, want to register
to vote, the organization must still accept, deliver, and process their forms, along with all the
other voter registration forms.
Once a voter is registered, they will receive official notices about the location of their poll sites,
date and time of the election, and other information such as their assigned district numbers. It
generally takes a few weeks after the registration form is submitted for the voter to receive their
voter registration card in the mail. If a voter does not receive a confirmation, he or she should
check his or her status at https://voterportal.sos.la.gov/ or call the local Registrar of Voters before
the registration deadline to confirm that he or she is registered. A list of Registrar of Voters is
available at http://www.sos.la.gov/Portals/0/elections/pdf/COC-ROVlist.pdf.
A. Completing the Forms and Providing Assistance
The citizen individuals should complete the form. But if he or she cannot complete the form on
their own, the organization can assist them. If individuals cannot write, someone else may write
the applicant’s name, address, etc., at the direction of the applicant. Volunteers may also
translate questions on the form. However, only the voter may sign the form (since signing
indicates taking a legal oath).
A citizen who has difficulty reading the English language can also complete and submit the
National Mail Voter Registration Forms that are translated into Chinese, Korean, Vietnamese,
Japanese and Tagalog.12 All states are required to accept and process these translated forms.13
8
La. Rev. Stat. Ann. § 18:1461.7 (2011). As a matter of policy, Louisiana seems encouraging third party to conduct
voter registration drive. Louisiana Secretary of State, Register Now, http://www.sos.la.gov/tabid/483/Default.aspx.
9
HAVA, 42 U.S.C. § 15483(b).
10
La. Rev. Stat. Ann. § 18:135 (2011)
11
Rev. Rul. 2007-41, 2007-25 I.R.B. 1422, Tax Advice Memorandum 9117001
12
42 U.S.C. § 1973gg-4(a)(1)
13
42 U.S.C. § 1973gg-4(a)(1)
2
However, it is preferred to complete the state voter registration form. The National Voter
Registration Act requires the state election official to ensure that voter registration forms are
“available for distribution through governmental and private entities, with particular emphasis on
making them available for organized voter registration programs.14”
A few obligations apply in completing the voter registration form. The individuals must
affirmatively check off the boxes that ask whether the individual is a citizen of the United States
and is over 18 years old. If those questions are left blank, the form will automatically be
rejected, even if the voter’s date of birth or oath of citizenship clearly shows that the voter is of
age and is a citizen. Furthermore, the individual must legibly write his or her name, date of birth,
current residential mailing address, driver’s license number (or the last four digits of his or her
social security number), and other requested information on the form. A citizen must take the
oath by signing the registration form.
Organizations may not lead the voter to enroll in a particular political party or to vote for
particular candidates.15 However, organizations can advise the voter of the effect of not
enrolling in a political party. Voters enrolled in the political party are allowed to vote in the
party primary election.
B. Inadvertent Registration by Non-Citizens
Non-citizens may not register to vote. Accidentally registering to vote and signing the oath
declaring that one is a citizen of the United States may be a deportable offense.16 Non-citizens
who accidentally complete voter registration forms, either at a voter registration drive or through
the motor vehicles office, must affirmatively de-register by requesting that their registration be
cancelled. This request must be made in writing. Contact AALDEF for assistance.
C. Proof of Identity and Citizenship
Some states require that a voter prove his or her identity or United States citizenship before
registering to vote or before voting on Election Day.
Under both Federal and Louisiana state law, when registering to vote, new registrants are
required to provide their driver's license number, or the last four digits of their social security
number with their registration application.17 If the registrant does not provide either a driver's
license or a social security number, he or she shall attach one of the following items to the
application:


A copy of a current and valid photo identification
A copy of a current utility bill, bank statement, government check, paycheck, or other
government document that shows the name and address of the applicant18
If a first-time voter registers in person, he or she must submit a current Louisiana driver’s
license, birth certificate or any other documentation which reasonably and sufficiently
14
42 U.S.C. § 1973gg-4(b)
Rev. Rul. 2007-41, 2007-25 I.R.B. 1421 et seq.
16
Agholor v. Holder, 454 Fed. Appx. 360, 362 (5th Cir. 2011)(unpublished); “Any alien who falsely represents, or
has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under ...
Federal or State law is inadmissible.” 8 U.S.C. § 1182(a)(6)(C)(ii)(I).
17
42 U.S.C. § 15483(a)(5)(A)(i); see also La. Rev. Stat. Ann. § 18:104(A)(16) (2011)
18
La. Rev. Stat. Ann. § 18:104(A)(16) (2011)
15
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established his or her identity, age, and residency.19 If the first-time voter is a naturalized citizen,
a certificate of naturalization or U.S. passport must also be presented.20
At the polling place on election day, a voter is generally required to present one of the following
photo identifications in order to vote:21



Louisiana driver's license
Louisiana special identification card
Other generally recognized photo identification card that contains the name and signature
of the voter
If a voter fails to present the required photo identifications, he or she may still vote by
completing and signing an affidavit providing his or her date of birth and mother’s maiden name,
and attesting his or her qualification to vote.22
II. Voter Education and Turnout
A voter often wants information or guidance about whom to vote for in upcoming elections. The
IRS prohibits tax-exempt nonprofit organizations from preferring a political party or a particular
candidate for office. Such preferences constitute endorsement.23
However, organizations can provide information about candidates through a nonpartisan voter
guide or candidate forum.24 In both of these, candidates are asked particular questions and their
responses are made available to the public. To ensure nonpartisan compliance, all the candidates
running for office (or at least the top major candidates) must be invited to participate.
Impartiality in asking and reporting answers to questions is required.
Organizations may also inform the voter of his or her rights on Election Day, such as where to
vote, what identification documents to bring, whether language assistance will be available, and
what to do in case of any problems.
Organizations may encourage voter turnout by reminding voters to vote on Election Day or by
answering nonpartisan questions. These activities can include a reminder mailing, notification of
poll sites, or phone calls or email messages to voters reminding them of their poll sites or to vote.
III. Voter Rights and Assistance on Election Day
A. Limited English Proficiency
Citizens who are limited English proficient may be entitled to assistance. This assistance is
usually “targeted” at particular poll sites with the largest number of limited English proficient
voters. If targeted, the poll site will have interpreters and translated signs and materials,
including ballots, in various languages.
19
La. Rev. Stat. Ann. § 18:105(A) (2011); see also Louisiana Secretary of State, Voter Registration Information and
Procedures, http://www.sos.la.gov/tabid/457/Default.aspx.
20
La. Rev. Stat. Ann. § 18:105(B) (2011)
21
La. Rev. Stat. Ann. § 18:562(A) (2011)
22
La. Rev. Stat. Ann. § 18:562(B) (2011); see also 2012 La. Sess. Law Serv. Act 138 (H.B. 852) (West).
23
Rev. Rul. 2007-41, 2007-25 I.R.B. 1421 et seq.
24
Rev. Rul. 2007-41, 2007-25 I.R.B. 1421
4
Under federal law, voters who cannot read English can always bring someone to assist them.25
These individuals can be friends, family members, or neighbors, but not the voters’ employer or
union representative.26 The assistor can enter the voting booth with the voter to translate the
ballot for the voter, but only if the voter requests.
Louisiana requires that before assistance can be rendered, the assistor is required to provide and
sign his or her name.27
B. Missing Names
The list of registered voters at poll sites often has mistakes. Sometimes the voter’s name is
missing or Asian names are inverted, so that last names appear as first names. When the voter
arrives at the poll site to vote and his or her name is missing or cannot be found, the voter should
first ask that his or her name be looked up by first name or middle name. The voter may also be
directed to a different precinct within the poll site. Voters should vote at their assigned precincts
and poll sites.
If the voters find names missing from the voter rolls and they are not allowed to vote by
affidavit, they should vote by “provisional ballots.28” An eligible registered voter should not be
denied the right to vote. Voting by provisional ballot requires that the voter certify in writing
before appropriate local election officials that he or she is eligible to vote (i.e., a citizen and over
18 years old), lives in the jurisdiction, and is registered to vote but some deficiencies prevent him
or her from voting.29
These provisional ballots are not automatically counted, but are held until after confirmation of
the voter’s registration.
After Election Day, the voter must provide proof of his or her registration and/or eligibility to
vote. The copy of the voter’s registration form from an earlier voter registration drive will help
prove eligibility. After the voter’s registration is confirmed, his or her provisional ballot is
counted.30
At the time that an individual casts a provisional ballot, the appropriate local election official will
give the voter written information to ascertain his or her status by a toll-free telephone number or
website. 31 Any Louisiana voter who casts a provisional ballot may call 1-800-883-2805 or
access to http://www.sos.la.gov/tabid/992/Default.aspx to determine whether his or her vote was
accepted and, if not, the reason for its rejection.32
Contact AALDEF if a voter was denied the right to vote or if the voter completed a provisional
ballot in order to vote.
25
42 U.S.C. § 1973aa-6
La. Rev. Stat. Ann. § 18:564 (2011)
27
Id.
28
HAVA §302, Pub. L. No. 107-252, Title III, § 302, 116 Stat. 1706 (codified at 42 U.S.C.A. § 15301 et seq.); see
also La. Rev. Stat. Ann. § 18:566(B) (2011)
29
La. Rev. Stat. Ann. § 18:566(A) (2011); see also Louisiana Secretary of State, Provisional Voting,
http://www.sos.la.gov/tabid/176/Default.aspx.
30
La. Rev. Stat. Ann. § 18:566.2 (2011). In Louisiana, provisional ballots are counted on the third day following an
election. Thus, a voter shall provide proof of his or her registration and/or eligibility to vote within that period.
31
La. Rev. Stat. Ann. § 18:566(B) (2011)
32
Louisiana Secretary of State, Provisional Voting, http://www.sos.la.gov/tabid/176/Default.aspx.
26
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C. Other Assistance
When voting, the voter may bring campaign literature, such as translated instructions or
materials showing the name of the candidate for whom they want to vote, if they need the
literature in order to help them vote.
For more information contact, AALDEF
99 Hudson Street, 12th Floor
New York, NY 10013
(212) 966-5932
[email protected]
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