LOUISIANA Comprehensive Frequently Asked Questions Disclaimer: This guide is designed for informational purposes only. It is not legal advice and is not intended to create an attorney-client relationship. The Election Protection Coalition does not warrant any information contained in this guide, nor does the Coalition suggest that the information in this guide should be used as a basis to pursue legal advice or decision making. Absentee Voting 1) Eligibility 2) Deadlines 3) First Time Voters 4) Obtaining and Completing an Absentee Ballot 5) Military and Overseas Voters 6) Requested but Unreceived Ballots 7) Requesting an Absentee Ballot for Others 8) Returning an Absentee Ballot 9) Voting in Person after Requesting an Absentee Ballot 10) Assistance with an Absentee Ballot Election Official Authority 1) State Election Officials 2) County/Local Election Officials Registration 1) Eligibility 2) Residency Requirements 3) Application 4) Timing 5) Changes 6) College Students 7) Military Personnel and Overseas Voters 8) Removal from Registration List 9) Restoration of Voting Rights 10) Third-Party Registration 1 10/03/2012 Responding to Challenges, Intimidation and Deceptive Practices 1) 2) 3) 4) 5) 6) 7) Solicitation Boundaries Challenges by Poll Workers Challenges by Other Voters Deceptive Information Intimidation by Poll Workers Intimidation by Other Voters Police Presence Voting In Person 1) Early Voting 2) Where to Vote 3) Hours Polling Places are Open 4) Duties of Poll Workers 5) Who May Be Present 6) Identification Required 7) Missing from the Rolls 8) Changed Name or Address 9) Provisional Ballot 10) Assistance 11) Equipment Malfunctions 2 10/03/2012 Absentee Voting See Also: Voting in Person – Early Voting Table of Contents: 1) Eligibility 2) Deadlines 3) First Time Voters 4) Obtaining and Completing an Absentee Ballot 5) Military and Overseas Voters 6) Requested but Unreceived Ballots 7) Requesting an Absentee Ballot for Others 8) Returning an Absentee Ballot 9) Voting in Person after Requesting an Absentee Ballot 10) Assistance with an Absentee Ballot 1. Eligibility: Am I eligible to vote absentee? See Also: Registration – Eligibility to Register Response: If you are qualified to vote in person, then you may vote an absentee ballot by mail. There are different requirements for who can vote absentee based on whether the voter expects to be in his or her parish on Election Day, or outside of his or her parish on Election Day. Voting absentee by mail is different than voting early (see below). You need a reason to vote absentee, but do not need a reason to vote early. Any voter qualified to vote may vote early without a reason. [ R.S. 18:1303(A)-(B) ] Further Explanation: Absentee Voting By Mail – Out of Parish If the voter expects to be out of his or her parish on Election Day, he or she may vote by absentee ballot through mail only if he or she is: 1. Military- Any member of the United States Service and his or her spouse and dependents, as defined in R.S. 18:1302; 2. Higher Education- Any student, instructor, or professor of higher education at a school located outside of the parish in which he or she is qualified to vote. The individual must live outside the parish because of his or her school or work at the institution. Any spouse or dependent living with the student or professor may also vote absentee under this reason. 3. Religious Clergy- Any minister, priest, rabbi, or other member of the clergy assigned to a religious post outside of the parish in which he or she is registered. Any spouse or dependent living with the clergy may also vote absentee under this reason. 4. Temporary Absence- Any person who is or who expects to be temporarily outside the territorial limits of the state or absent from the parish in which he or she is qualified to vote during the early voting period and on Election Day. The voter must put in his or her application to vote absentee for the dates he or she will be outside the parish. [ R.S. 18:1307(A)(2) ] 5. Moved out of Parish- Any person who has moved his or her residence to another parish, and the new residence is more than 100 miles from the parish seat of his or her former 3 10/03/2012 residence. The voter must have moved AFTER the registration books close, which is 30 days before the election. Therefore, to vote in one’s old parish, he or she must have moved at least 100 miles from the parish seat in the former parish, less than 30 days before an election. [ R.S. 18:135(A)(1) ] 6. Involuntary Confinement- Any person involuntarily confined in an institution for mental treatment outside the parish in which he or she is qualified to vote, who is not interdicted and not judicially declared incompetent. 7. Outside of U.S.- A person residing outside the United States. [ R.S. 18:1303(B) ] Absentee Voting By Mail – In Parish If the voter expects to be inside his or her parish on Election Day, he or she may vote by absentee ballot through mail only if he or she is: 1. Jury Duty- Any member of a sequestered jury on Election Day. The voter must attach a certified copy of the court order in his or her application. [ R.S. 18:1307.1 ] 2. Hospitalized- Any person who expects to be hospitalized on Election Day and who did not have knowledge of his proposed hospitalization until after the time for early voting has expired (14 to 7 days before the election); OR a person who expects to be hospitalized on Election Day and who was hospitalized during the early voting period; OR a person who was hospitalized and released prior to an election but who is either hospitalized or restricted to his or her bed by his or her physician during early voting and is restricted to his or her bed by his physician on Election Day. 3. Employed Upon State Waters- Any person who, because of his or her employment or occupation expects to be out of his or her precinct of registration and upon the waters of the state both during the early voting period and on Election Day. 4. Handicapped Voter- Any person who lives at home and who prior to January 1, 2010, was approved by a parish board of election supervisors as being eligible to participate in the Special Program for Handicapped Voters as such program existed prior to January 1, 2010. Applying to vote absentee as a handicapped voter will be valid indefinitely. [ R.S. 18:1307(G) ] 5. Incarcerated- Any person incarcerated in an institution inside or outside the parish in which he is qualified to vote, who is not under an order of imprisonment for conviction of a felony, may only vote absentee by mail, all other conditions being satisfied. The incarcerated voter must attach a certificate by the sheriff of the parish that the voter is not a convicted felon. If someone is incarcerated, but not yet convicted, he or she has a right to vote, but he or she must vote absentee by mail. [ R.S. 18:1303 ] 6. Address Confidentiality Program- Any participant in the Department of State Address Confidentiality Program for victims of sexual abuse or stalking (see R.S. 44:52). The voter’s substitute address shall be used for all purposes relative to voter registration and voting. The voter’s name and physical address shall not be included on any list of registered voters available to the public. Voters who are part of this program cannot vote during early voting or in person at the polls on Election Day. If the voter applies to vote absentee, it will remain valid as long as the applicant is part of the program. If the voter leaves the program, the Department of State will notify the registrar of the parish, who will send notice by forwarded mail that the application is no longer valid. The voter will then have to submit a 4 10/03/2012 new application and provide a new address to be eligible to vote absentee again. [ 2012 La. Sess. Law Serv. Act 138 (H.B. 852) (WEST) (amending R.S. 18:1307(H)) ] 7. Disabled Voter- Any qualified voter who submits any of the following to the Registrar: o A copy of a current mobility-impaired identification card issued by the Secretary of the Department of Public Safety and Corrections. o A copy of current documentation showing eligibility for social security disability benefits, veteran's disability benefits, paratransit services, benefits from the office for citizens with developmental disabilities, or benefits from Louisiana Rehabilitation Services. o Current proof of disability from a physician. o When submitting any of the three pieces of information above to become a qualified disabled voter, the voter must include either a Louisiana driver’s license, special identification card, or other picture ID card with the voter’s name and signature, OR the voter must list two persons residing in the precinct who could make oath that the voter is disabled. o Applying to vote absentee as a disabled voter will be valid indefinitely. [ R.S. 18:1307(G) ] 8. Senior Citizen- If the voter is age 65 or older. Applying to vote absentee as a senior citizen will be valid indefinitely. [ R.S. 18:1307(G) ] [ R.S. 18:1303.C-J ] Early Voting: Any voter who is qualified to vote can vote early, which is 14 to 7 days before the actual election. Voters can vote at their parish Registrar office from 8:30 a.m. to 6 p.m. Monday through Saturday, in that allotted time period before the election. Voters do not need a reason to vote early in Louisiana, but they do need a reason to vote absentee (see reasons above). If there is not enough room at the Registrar’s office, the Registrar will provide an alternate location, which will usually be a courthouse or public building nearby. Notification of this new location will be posted at the Registrar’s office. [ R.S. 18:1303(A); 18:1309(A); Louisiana Secretary of State, Elections Division website at: http://www.sos.la.gov/tabid/168/Default.aspx ] ID When Voting Early: Voters may be asked to show a Louisiana driver’s license, or a special ID card, or another form of photo ID when voting early. [ R.S. 18:1309(D)(1) ] 2. Deadlines: How far in advance should I request and return the application for an absentee ballot and return the actual absentee ballot? See Also: Absentee Voting – Military and Overseas Voters 5 10/03/2012 Response: There are specific deadlines for the following activities related to absentee ballots: (1) requesting and returning the application to obtain an absentee ballot; and (2) returning the actual absentee ballot to have the vote counted. Voters should be aware that there are different deadlines for returning the application and returning the actual ballot. Further Explanation: Information Required to Request an Absentee Ballot - Generally The election or elections for which the voter is requesting an absentee ballot; The reason for the request to vote absentee, and any documents in support of the reason that are required by law; The address to which the absentee ballot should be sent. If the address is within the parish or an adjacent parish, the applicant should only provide the address at which he or she is registered to vote, the applicant’s mailing address on file with the registrar of voters, or an address at which he or she regularly receives mail; The ward and precinct in which the applicant is qualified to vote, if known; The voter’s date of birth; The maiden name of the voter’s mother or other identifying information provided in the voter's application for registration; The street address in the parish where the voter resides. If the applicant requests both a ballot for the general and the primary election, he or she must declare in writing to the Registrar that he or she will be eligible to vote absentee by mail in the general election. [ R.S. 18:1307(A) ] Submitting: Returning the Absentee Ballot Application to the Registrar The absentee ballot application should be mailed to the Registrar for the parish for which the voter is registered. The application can be returned by any means, including mail, hand delivery (requires signature), commercial delivery, or facsimile (but not a candidate’s or party’s fax machine). [ R.S. 18:1307(B) ] Returning the Application for an Absentee Ballot: 1. Generally- An application must be received no earlier than 60 days before and no later than 4:30 p.m. on the fourth day prior to the election for which it is requested. If the deadline falls on a Saturday, Sunday, or other legal holiday, then the next day which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day of the deadline. The Registrar will note on the application the date that it was received. 2. Nursing Home Residents- Applications from persons confined to a nursing home who are applying under R.S. 18:1333 must be submitted to and received by the Registrar at least 30 days prior to the election. Section 18:1333 sets out who is eligible to vote by absentee because he or she lives in a nursing home. The following voters are eligible to vote: (1) a voter who prior to January 1, 2010, was approved by a parish board of election supervisors as being eligible to participate in the Special Program for Handicapped Voters, and who is a resident or has become a resident of a nursing home; and (2) residents of nursing homes 6 10/03/2012 who provide the Registrar with current proof of disability from a physician along with a certification from the physician which indicates that the voter cannot appear either during early voting or at the polls on Election Day because of the voter’s disability. 3. Others- Applications from the following types of individuals must be received by the Registrar no later than 4:30 p.m. on the day before the election: o United States Service members o Overseas citizens o Applicants who submit documentation from a physician or hospital showing his or her hospitalization [ R.S. 18:1307(B); R.S. 18:1307(C); R.S. 18:1307(D); R.S. 18:1333(D)(2) ] Returning the Actual Absentee Ballot: 1. Generally- All ballots received by the Registrar by 4:30 p.m. on the day before Election Day will be counted. There are a few exceptions (see below). [ R.S. 18:1308(C) ] 2. Jury Member- All ballots of persons serving on a jury that are received by the time of closing of the polls on Election Day will be counted. [ R.S. 18:1308.1(C) ] 3. Military or Overseas Resident- By the closing of the polls on Election Day. [ R.S. 18:1311(D)(1)(a) ] 4. Hospitalized- By the closing of the polls on Election Day. [ R.S. 18:1311(D)(1)(b) ] Return to Top of Document 3. First Time Voters and Absentee Ballots: If I’m a first time Louisiana voter, can I cast an absentee ballot? Response: Voters who have registered by mail and have not previously voted in the parish in which they are registered must vote either during early voting or in person on Election Day. Further Explanation: If the voter previously registered in the parish, and is (a) a military or overseas citizen, (b) in the Special Program for Physically Handicapped Voters, (c) a student at an institution for higher learning located outside of his or her parish of residence, or (d) appears in person in the Registrar’s office prior to the election to prove his or her identity, then the voter MAY VOTE ABSENTEE BY MAIL THE FIRST TIME. Students are required to submit a copy of their fee bill or ID card with their application to vote absentee by mail the first time. [ R.S. 18:115(F); FAQs Regarding Voting Absentee By Mail, prepared by Louisiana Secretary of State, available at: http://www.sos.la.gov/Portals/0/elections/pdf/FAQ%20Regarding%20Voting%20Absentee%20by%20M ail%20Rev.%206-2012.pdf ] Return to Top of Document 4. Obtaining and Completing an Absentee Ballot: How do I get an absentee ballot and how do I complete it? 7 10/03/2012 See Also: Requesting an Absentee Ballot for Others; Eligibility; Deadlines for Obtaining and Submitting an Absentee Ballot Response: This answer outlines the instructions for the following activities related to absentee ballots: (1) requesting an absentee ballot by application; (2) returning the application for the absentee ballot; (3) receiving the actual absentee ballot; (4) completing the absentee ballot; and (5) returning the absentee ballot. Voters should be aware that there are different procedures for requesting and returning the application and returning the actual ballot. Further Explanation: Requesting the Absentee Ballot: 1. By mail- A voter can download an application for an absentee ballot from the Secretary of State’s website and return it by mail. The application is available at http://www.sos.la.gov/Portals/0/elections/pdf/request_absentee_ballot.pdf. If a voter does not have access to a computer, the voter can write a letter (see below) and sign it. If the voter cannot sign his name, then he or she can submit the letter signed by two witnesses who witnessed the applicant’s mark. [ R.S. 18:1307(A) ] The letter must contain the following information: 1. The election or elections for which the voter is requesting an absentee ballot. 2. The reason for the request to vote absentee, and any documents in support of the reason that are required by law. If the voter is temporarily absent from the parish, he or she should indicate on the application the dates he or she will be outside of the parish. 3. The address to which the absentee ballot should be sent. If the address is within the parish or an adjacent parish, the applicant should only provide the address at which he or she is registered to vote, the applicant’s mailing address on file with the Registrar of Voters, or an address at which he or she regularly receives mail. 4. The ward and precinct in which the applicant is qualified to vote, if known. 5. The voter’s date of birth. 6. When the voter registered, he or she had to give information to verify that he or she is the person he or she claims to be. This information might be mother’s maiden name, father’s middle name, name of spouse, occupation, and employer. [ R.S. 18:104(A)(12) ]; 7. The street address in the parish where the voter resides. A P.O. Box is insufficient. 8. If the applicant requests both a ballot for the general election and for the primary, he or she must declare in writing to the Registrar that he or she will be eligible to vote absentee by mail in the general election. [ R.S. 18:1307(A) ] 2. Online- An application to vote absentee may be made by completing and submitting an electronic application on the Secretary of State’s website, at the Louisiana Voter Portal, available at https://voterportal.sos.la.gov/. [ 2012 La. Sess. Law Serv. Act 138 (H.B. 852) (WEST) (amending R.S. 18:1307(B)(1)(d)) ] 8 10/03/2012 Returning the Application for the Absentee Ballot: 1. Delivery Method- An absentee ballot application can be delivered to the Registrar by any means, including USPS, another commercial delivery service, hand delivery, or by fax (or online if submitted electronically). If the application is hand delivered by someone besides USPS or another delivery service, the Registrar will require the person making the delivery to sign the application. No one may hand deliver more than one voter’s application, except the immediate family of any voter. An application sent by fax cannot be sent on a fax machine that is owned, controlled, or operated by a candidate or agent of a party or candidate, unless the application is the candidate’s. [ R.S. 18:1307(B) ] 2. Deliver to Registrar- The application for an absentee ballot should be returned to the voter’s Registrar for his or her registered parish. The list of Registrars, addresses, and fax numbers can be found at http://www.sos.la.gov/tabid/1175/Default.aspx. Receiving the Absentee Ballot: Beginning on the date that the Registrar receives the actual ballots from the Secretary of State, and immediately after the Registrar receives the voter’s application, the Registrar will mail the necessary instructions, certificates, ballots, and envelopes to the address that such voter provided. If the voter feels that he or she would not have time to vote by mail, the voter can request that the Registrar send him or her the absentee ballot by fax, including the affidavit. But, if the voter has already received a ballot by mail, then the Registrar is not required to send a second ballot to the voter by fax. [ R.S. 18:1308(A) ] Completing the Absentee Ballot: When the voter receives the absentee ballot materials, he or she must first fill in all the blanks on the certificate on the ballot envelope flap. The voter must then mark the ballot according to the printed instructions. Then the voter must place the ballot in the envelope, seal the envelope, and sign the certificate on the ballot envelope flap. A voter's signature on the envelope flap of an absentee ballot must either be signed in the presence of two witnesses, or notarized. [ R.S. 18:1310(A)(1); Op. Atty. Gen., No. 07-0091 (Oct. 11, 2007) 2007 WL 4098098] Returning the Absentee Ballot: 1. By Mail- If the voter receives a mailed ballot, the envelope mailed to the voter will contain four envelopes, two of which are the ballot envelopes and two of which are the return envelopes. Each return envelope will have the name and address of the Registrar. The voter must return his primary election ballot and special ballot for the general election to the Registrar in the appropriate envelopes. [ R.S. 18:1308(A)(1)(d) ] 2. By Fax- If a voter does not feel as though he or she will have time to vote by mail before the absentee deadline (noted below), the voter may request that the Registrar transmit by fax the ballot, including the affidavit. Then, a voter may fax OR mail his or her completed ballot to the Registrar, but if it is faxed, it must include the following written statement: “I understand that by faxing my voted ballot I am voluntarily waiving my right to a secret ballot.” This statement must be dated and 9 10/03/2012 followed by the voter’s handwritten signature and social security number. Upon receiving the voted ballot, affidavit and signed statement, the Registrar will place the documents in a sealed envelope. The Registrar will keep the faxed ballots as confidential as practicable. [ R.S. 18:1308(A)(1)(b) ] Deadlines for Returning the Absentee Ballot: For military or overseas residents- By the closing of polls on Election Day For jury members- By the closing of polls on Election Day For hospitalized voters- By the closing of polls on Election Day For all others- By 4:30 pm on the day before Election Day [ R.S. 18:1308(C); 18.1311(D)(1)(a) ] Return to Top of Document 5. Military and Overseas Voters: How do I request, obtain and return an absentee ballot, and what are the deadlines for me to do so? See Also: Registration – Military Personnel and Other Voters Living Overseas Response: Members of the United States Service, their spouses and dependents, and overseas citizens who expect to be out of the parish on Election Day are permitted to vote by absentee ballot. This answer outlines the deadlines and procedures for the following activities related to military and overseas voters voting absentee: (1) requesting an absentee ballot by application; (2) returning the application; (3) receiving the actual absentee ballot; (4) completing the absentee ballot; and (5) returning the absentee ballot. Military and overseas voters should be aware that there are different deadlines and procedures for requesting and returning the application, and returning the absentee ballot. Further Explanation: “United States Service” includes the following persons, and their spouses and dependents: A member of the armed forces while in active service. A member of the merchant marine of the United States. Civilian employees of the U.S. Government serving outside the U.S. Members of religious or welfare groups attached to and serving with the Armed Forces. [ R.S. 18:1302(8) ] “Overseas citizens” are “people residing outside the United States” who are otherwise qualified to vote [ R.S. 18:1303(8) ] Requesting the Absentee Ballot: 1. Online- Military and overseas voters can submit an application to vote absentee by completing and submitting an electronic application on the Secretary of State’s website at the Louisiana Voter 10 10/03/2012 Portal, available at https://voterportal.sos.la.gov/ [ R.S. 18:1307(B)(1)(c) ] 2. By mail/fax- A military or overseas voter, as long as he or she is otherwise qualified to vote, can download an application for an absentee ballot for military and overseas citizens only from the Secretary of State’s website and return it by mail OR fax to the Registrar. The application is available at http://www.sos.la.gov/Portals/0/elections/pdf/ApplicforAbsbyMailorelectronicBallotMO2012.pdf . If a voter does not have access to a computer, the voter can write a letter and sign it. If the voter cannot sign his name, then he or she can submit the letter signed by two witnesses who witnessed the applicant’s mark. [ R.S. 18:1307(A) ] The letter must contain the following information: 1. The election or elections for which the voter is requesting an absentee ballot. 2. The reason for the request to vote absentee, and any documents in support of the reason that are required by law. If the voter is temporarily absent from the parish, he or she should indicate on the application the dates he or she will be outside of the parish. 3. The address to which the absentee ballot should be sent. If the address is within the parish or an adjacent parish, the applicant should only provide the address at which he or she is registered to vote, the applicant’s mailing address on file with the Registrar, or an address at which he or she regularly receives mail. 4. The ward and precinct in which the applicant is qualified to vote, if known. 5. The voter’s date of birth. 6. When the voter registered, he or she had to give information to verify that he or she is the person he or she claims to be. This information might be mother’s maiden name, father’s middle name, name of spouse, occupation, and employer. [ R.S. 18:104(A)(12) ] 7. The street address in the parish where the voter resides. A P.O. Box is insufficient. 8. If the applicant requests both a ballot for the general election and for the primary, he or she must declare in writing to the Registrar that he or she will be eligible to vote absentee by mail in the general election. [ R.S. 18:1307(A); 18:1307(C) ] 3. By Federal Postcard Application- A military or overseas voter can use the federal postcard application to submit an application to vote absentee. This is available at http://www.fvap.gov/index.html. This option is only available for federal general elections (e.g. presidential elections and congressional general elections) because Louisiana does not allow for write-in candidates in state or local races. [ R.S. 18:1307(C); 50 U.S.C. 1464; Louisiana Secretary of State, Elections Division website at: http://www.sos.la.gov/tabid/618/Default.aspx ] Returning the Application for the Absentee Ballot: 1. Delivery Method- An absentee ballot application can be delivered to the Registrar by any means, including USPS, another commercial delivery service, hand delivery, or by fax (or online if submitted electronically). If the application is hand delivered by someone besides USPS or another delivery service, the Registrar will require the person making the delivery to sign the application. No one may hand deliver more than one voter’s application, except the immediate family of any voter. An application sent by fax cannot be sent on a fax machine that is owned, controlled, or operated by a 11 10/03/2012 candidate or agent of a party or candidate, unless the application is the candidate’s. [ R.S. 18:1307(B) ] 2. Deliver to Registrar- The application for an absentee ballot should be returned to the voter’s Registrar for his or her registered parish. The list of Registrars, addresses, and fax numbers can be found at http://www.sos.la.gov/tabid/1175/Default.aspx . 3. Deadline for applying to vote absentee- For military and overseas citizens, the application for an absentee ballot must be received by the Registrar by 4:30 p.m. on the day before the election. [ R.S. 18:1307(C) ] 4. Length of validity- A military or overseas citizen’s application to vote absentee will be valid from the date the application is received by the Registrar’s office through two subsequently regularly scheduled federal general elections. [ R.S. 18:1307(C) ] Receiving the Absentee Ballot: 1. By mail- The materials will be mailed as provided by the Uniformed and Overseas Citizens Absentee Voting Act (39 U.S.C. 3406). The materials will include both the primary election ballot and the special ballot for the general election. For voters who have applied to vote absentee at least 45 days before the election, the Registrar will mail the materials for candidates for U.S. senator or representative in congressional primary and general elections, candidates for presidential nominee in presidential preference primary elections, and candidates in presidential election at least 45 days prior to the election. [ R.S. 18:1308(A)(2)(a) ] The mailing should consist of both the primary and special ballots for the general election and four envelopes (two of which are return envelopes and two of which are ballot envelopes). Each return envelope will show the official title and mailing address of the Registrar, whether it contains a primary or general election ballot, and the name, return address, and precinct or district number of the voter. The voted ballots must be returned in the appropriate envelopes. If the voter believes that he or she is unable to vote in time, he or she can receive and return the ballot by fax in the manner described in Question 4. 2. Online- In presidential preference primary elections, presidential elections, and U.S. senator or U.S. representative congressional primary and general elections, military and overseas citizens may receive the ballot electronically. The Registrar will transmit the materials at least 45 days prior to the election for voters who have requested electronic transmission by that time. When the military or overseas voter submits his or her application he or she may request to receive his or her ballot electronically. If so, he or she must provide an email address. [ R.S. 18:1308(A)(2); Louisiana Secretary of State, Elections Division website at: http://www.sos.la.gov/tabid/618/Default.aspx ] 12 10/03/2012 Completing the Absentee Ballot: 1. When the ballot is mailed- When the voter receives the absentee ballot materials, he or she must first fill in all the blanks on the certificate on the ballot envelope flap. The voter must then mark the ballot according to the printed instructions. Then the voter must place the ballot in the envelope, seal the envelope, and sign the certificate on the ballot envelope flap. A voter's signature on the envelope flap of an absentee ballot must either be signed in the presence of two witnesses, or notarized. [ R.S. 18:1310(A)(1); Op. Atty. Gen., No. 07-0091 (Oct. 11, 2007) 2007 WL 4098098 ] 2. When the ballot is electronically transmitted- The military or overseas voter should first print all the documents and fill in the blanks on the certificate and the waiver of the right to a secret ballot for each ballot mailing. The voter should then follow the instructions on the printed ballot, and then place the ballots, completed certificates, and completed waiver of the right to a secret ballot for each ballot mailing in a separate envelope, seal the envelope, mark “Absentee Ballot Enclosed” on the envelope, and mail the envelope and its contents to the Registrar. [ R.S. 18:1310(A)(2) ] The voter may use a separate “Security Envelope” and ballot transmittal envelopes from the Federal Write-in Absentee Ballot to mail the electronically transmitted presidential preference primary, presidential, congressional primary, or congressional general electronic ballot, certificate, and waiver of the right to a secret ballot to the Registrar. [ R.S. 18:1308(A)(2)(e) ] Returning the Absentee Ballot: 1. When the ballot is mailed- If the voter receives a mailed ballot, the envelope mailed to the voter will contain four envelopes, two of which are the ballot envelopes and two of which are the return envelopes. Each return envelope will have the name and address of the Registrar. The voter must return his primary election ballot and special ballot for the general election to the Registrar in the appropriate envelopes. [ R.S. 18:1308(A)(1)(d) ] 2. When the ballot is electronically transmitted- For electronically transmitted ballots, the voter must return the voted ballots, completed certificate, and signed waiver of the right to a secret ballot by MAIL to the Registrar. [ R.S. 18:1308(A)(2)(e) ] 3. When the ballot is faxed- If a military or overseas voter does not feel as though he or she will have time to vote by mail before the absentee deadline (noted below), the voter may request that the Registrar transmit by fax the ballot, including the affidavit. Then, a voter may fax OR mail his or her completed ballot to the Registrar, but if it is sent by fax, it must include the following written statement: “I understand that by faxing my voted ballot I am voluntarily waiving my right to a secret ballot.” This statement must be dated and followed by the voter’s handwritten signature and social security number. Upon receiving the voted ballot, affidavit and signed statement, the Registrar will place the documents in a sealed envelope. The Registrar will keep the faxed ballots as confidential as practicable. [ R.S. 18:1308(A)(2)(f) ] 13 10/03/2012 4. Deadlines for Returning the Absentee Ballot- Military and overseas citizens must return their absentee ballot by the closing of polls on Election Day. [ R.S. 18:1311(D)(1)(a) ] Note: Citizens who were going into the armed forces prior to election could not be given their military ballots to take with them to cast as absentee ballots. Source: Op. Atty. Gen. 1950-52, p. 29. Return to Top of Document 6. Requested but Unreceived Ballots: What do I do if I requested an absentee ballot and never received it? Response: The voter should first check the status of his or her absentee ballot online. This can be done by going to the Louisiana Voter Portal at https://voterportal.sos.la.gov/ and clicking the Ballot Information tab. [Louisiana Secretary of State, Elections Division website, http://www.sos.la.gov/tabid/618/Default.aspx] Further Explanation: If the voter still has questions, he or she should contact the Registrar, which he or she can find at http://www.sos.la.gov/tabid/1175/Default.aspx , or the voter can contact the Secretary of State Elections Division at http://www.sos.la.gov/tabid/159/Default.aspx . If the voter is not eligible to vote, has not registered, or has filled out or submitted the application incorrectly, then the voter’s application for an absentee ballot will be rejected. If the Registrar rejects an application for an absentee ballot, the Registrar will provide the applicant with written reasons for the rejection. [ R.S. 18:1307(F) ] Return to Top of Document 7. Requesting an Absentee Ballot for Others: Can I request a ballot for someone else or have someone request a ballot for me? Response: The immediate family of a voter may hand deliver that voter’s application for an absentee ballot to the Registrar. The voter must fill out the application him or herself because it must be signed (and if the voter can’t sign, then two witnesses must sign it who witnessed the voter’s mark), but another family member can mail or hand deliver the application. [ R.S. 18:1307(A); 18:1307(B)(1)(a) ] Further Explanation: “Immediate family” mean the individual’s children, the spouses of his or her children, his or her brothers and their spouses, his or her sisters and their spouses, his or her parents, his or her spouse, and the parents of his or her spouse. [ R.S. 18:2(4) ] Return to Top of Document 8. Returning an Absentee Ballot: How do I return a completed ballot? See Also: Deadlines for Obtaining and Submitting an Absentee Ballot 14 10/03/2012 Response: This answer outlines the deadlines and procedures for the following activities related to absentee voting: (1) completing the absentee ballot; and (2) returning the absentee ballot. Generally, voters should follow the instructions on the ballot to complete the absentee ballot. Voters should be aware that most absentee ballots are returned by mail, and only by fax in special circumstances. There are certain deadlines by which the absentee ballot must be returned in order to be counted. Further Explanation: Completing the Absentee Ballot: When the voter receives the absentee ballot materials, he or she must first fill in all the blanks on the certificate on the ballot envelope flap. The voter must then mark the ballot according to the printed instructions. Then the voter must place the ballot in the envelope, seal the envelope, and sign the certificate on the ballot envelope flap. A voter's signature on the envelope flap of an absentee ballot must either be signed in the presence of two witnesses, or notarized. [ R.S. 18:1310(A)(1); Op.Atty.Gen., No. 07-0091 (Oct. 11, 2007) 2007 WL 4098098 ] Returning the Absentee Ballot: 1. By Mail- If the voter receives a mailed ballot, the envelope mailed to the voter will contain four envelopes, two of which are the ballot envelopes and two of which are the return envelopes. Each return envelope will have the name and address of the Registrar. The voter must return his primary election ballot and special ballot for the general election to the Registrar in the appropriate envelopes. 2. By Fax- If a voter does not feel as though he or she will have time to vote by mail before the absentee deadline (noted below), the voter may request that the Registrar transmit by fax the ballot, including the affidavit. Then, a voter may fax his or her completed ballot to the Registrar, but must include the following written statement: “I understand that by faxing my voted ballot I am voluntarily waiving my right to a secret ballot.” This statement must be dated and followed by the voter’s handwritten signature and social security number. Upon receiving the voted ballot, affidavit and signed statement, the Registrar will place the documents in a sealed envelope. The Registrar will keep the faxed ballots as confidential as practicable. [ R.S. 18:1308(A)(1)(b) ] 3. Deadlines for Returning the Absentee Ballot: For military or overseas citizens- By the closing of polls on Election Day For jury members- By the closing of polls on Election Day For hospitalized voters- By the closing of polls on Election Day For all others- By 4:30 p.m. on the day before Election Day [ R.S. 18:1308(C); 18.1311(D)(1) ] For information about how military and overseas citizens should complete and return a ballot, see Question 5. 15 10/03/2012 Return to Top of Document 9. Voting in Person after Requesting an Absentee Ballot: Can I change my mind and vote in person after having requested an absentee ballot? See Also: Voting in Person – Provisional Ballots Response: As long as the voter has NOT already submitted the absentee ballot, and is otherwise qualified, he or she should be allowed to vote in person by REGULAR ballot. Further Explanation: But, a person who has voted either by absentee by mail ballot or during early voting may not vote in person at the polls on Election Day. [ R.S. 18:1305 ] Return to Top of Document 10. Assistance with an Absentee Ballot: Can I obtain assistance in voting an absentee ballot if a disability makes it difficult for me to do so otherwise? See Also: Voting in Person –Assistance Response: Certain individuals who are disabled may receive assistance in voting absentee. They can receive assistance from any person they choose. Further Explanation: Who May Receive Assistance A person may receive assistance in voting who is otherwise qualified to vote by absentee by mail and who is: Visually impaired; Physically disabled; Unable to read; or Unable to write. [ R.S. 18:1310(B)(2) ] Who May Assist The voter may receive assistance in voting absentee by mail or early voting from any person selected by him or her. [ R.S. 18:1310(B)(2) ] No candidate in any election shall assist any voter in casing his or her ballot in that election. [ R.S. 18:1310(B)(1) ] Assistance with Signature A person who is eligible for assistance in voting absentee by mail or early voting may, in the same manner, seek assistance in the signing of his or her name or making of his or her mark. Any person who assists a voter in signing his or her name or making his or her mark shall explain to the voter that a signature or mark so made certifies that all statements in the certificate, if applicable, are true and correct and that any person who knowingly provides false or incorrect statements is subject to 16 10/03/2012 a fine or imprisonment, or both. Any person who assists a voter in voting absentee by mail or during early voting if paper ballots are utilized in early voting, shall execute the acknowledgment on the ballot envelope flap prepared by the Secretary of State, verifying that the person providing the assistance has marked the ballot in the manner dictated by the voter. [ R.S. 18:1310(C) ] Return to Top of Document Election Official Authority Table of Contents: 1) What are the Duties of the Secretary of State? 2) What are the Duties of County/Local Election Officials? 1. What are the Duties of the Secretary of State? Response: The Secretary of State is the chief election officer of the state. The first assistant generally has all of the power and authority granted by law to the Secretary of State and may perform any of the duties and exercise any of the functions of the Secretary of State. The first assistant and other employees of the Secretary of State are subject to the Secretary of State’s direction and supervision. They must perform the duties assigned to them by law and by the Secretary of State. The Secretary of State is responsible for the performance or nonperformance of their official duties by his or her first assistant and other employees. Further Explanation: The duties of the Secretary of State include: developing and printing instruction cards to voters and commissioners; developing uniform rules and regulations for the purchase, preparation, and use of voting machines and absentee by mail and early voting counting equipment; making available on Election Day mechanics and experts at convenient locations who can repair or adjust machines as needed; developing an informational pamphlet for commissioners-in-charge and commissioners on Election Day, which must contain instructions on conducting elections at the polls, counting and tabulating the votes, and transmitting the election returns and other election records, and must also explain the powers and duties of the commissioners-in-charge, commissioners, and watchers; and preparing examinations for commissioners and commissioners-in-charge. [ R.S. 18:421; 18:423; 18:1353 ] 17 10/03/2012 Return to Top of Document 2. What are the Duties of County/Local Election Officials? Response: Although the clerk of the court serves as chief election officer for each parish, a board of election supervisors in each parish supervises the preparation for and conduct of elections. Within each parish, every precinct has a commissioner-in-charge whose duties include enforcing election laws and maintaining order at the polling place. Each polling place may have “watchers,” who will call violations of the law to the attention of the commissioner-in-charge. Further Explanation: Clerks of Court, Deputy Clerks and Other Employees of the Clerk The clerk of court is the chief election officer of the parish. A deputy clerk of court generally possesses all of the powers and authority granted by law to the clerk. Deputy clerks and other employees of a clerk of court are subject to his or her direction and supervision. They must perform the duties assigned to them by law, the court and the clerk. The clerk of court is responsible for the performance or nonperformance of their official duties by his or her deputies and other employees. [ R.S. 18:422 ] Parish Boards of Election Supervisors There is a board of election supervisors for each parish. The board supervises the preparation for, and the conduct of, all elections held in the parish. In each parish, the board of election supervisors is composed of: the Registrar of voters; the clerk of court; the chairman of the parish executive committee of each recognized political party or his or her designee who must be a member of the parish executive committee of the same recognized political party; and one member appointed by the Governor. In a parish where a parish executive committee of a recognized political party has not been formed, the chairperson of the state central committee of that political party may appoint a voter who is registered in the parish as being affiliated with the political party to serve on the parish board of election supervisors. [ R.S. 18:423 ] Precinct Election Officials Commissioners-in-Charge: There will be one commissioner-in-charge at every precinct. The commissioner-in-charge performs the following duties: 18 10/03/2012 receives the sealed key envelope from the deputy parish custodian of voting machines at least 30 minutes before the polls open on Election Day; administers the oath to the commissioners; presides over the election, as well as the counting and tabulation of votes; delivers the following to the clerk of court: o keys to the voting machines, if applicable, o the original machine certificates, o the original signed list of commissioners, and o one of the original tabulation blank and compiled statement forms. The commissioner-in-charge shall not: electioneer; engage in political discussions; unnecessarily delay a voter at the polls; or prepare a list of persons voting at the polling place other than the official poll lists. [ R.S. 18:424 ] Commissioners There will generally be four commissioners for precincts with more than 300 registered voters, and three commissioners for precincts with less than 300 registered voters for the following elections: gubernatorial primary and general elections congressional primary and general elections and primary and general elections for municipal officers held every four years in a parish containing a municipality with a population of 475,000 or more. For all other elections, there will generally be three commissioners for precincts with more than 300 registered voters and two commissioners for precincts with 300 registered voters or less. The commissioners will: conduct primary and general elections at each polling place; enforce the election laws; and maintain order at the polling place during the election and the counting and tabulation of votes. A commissioner shall not: electioneer; engage in political discussions; unnecessarily delay a voter at the polling place; or prepare a list of persons voting at the polling place other than the official poll lists. [ R.S. 18:425 ] Consolidation of Polling Places; Reduction of Voting Machines and Election Officials: When polling places are consolidated, a commissioner-in-charge will serve at each consolidated polling place and the number of 19 10/03/2012 commissioners and alternate commissioners at each polling place should not be less than two. [ R.S. 18:425.1 ] Alternate Commissioners: An alternate commissioner who replaces an absent or unqualified commissioner will have the same powers and duties and possess the same qualifications as a commissioner. An alternate commissioner who does not replace a commissioner will have the same powers and duties as a watcher. A person shall not be selected as an alternate commissioner unless he or she has attended a course of instruction for commissioners, has received a certificate of instruction during the term of office of the clerk who conducted the course, and has provided his correct party affiliation to the clerk. [ R.S. 18:426 ] Watchers: A watcher must be a qualified voter who is not entitled to assistance in voting and who is not a candidate in the election. A watcher will be admitted within all parts of the polling place during the election and the counting and tabulation of votes. If the number of watchers inside a polling place is so great as to interfere with the orderly conduct of the election, the commissioners must regulate the number of watchers inside the polling place for each precinct so that the election may be conducted in an orderly manner. The watchers will draw lots under the supervision of the commissioners to determine which watchers will be the first to wait outside the polling place, but the amount of time each watcher spends inside the polling place will, as nearly as practicable, be equal. A list of watchers shall be filed with the clerk of court before 5:00 p.m. on the tenth day before the primary or general election. A watcher: shall call any violation of the law to the attention of the commissioners; and can take notes on the conduct of the election. A watcher cannot: take part in the counting and tabulation of votes; electioneer; engage in political discussions; unnecessarily delay a voter at the polling place; or interfere with the commissioners in the performance of their duties. [ R.S. 18:427 ] A full list of Louisiana Parish Election Officials, as of April 2012, is available at http://www.sos.la.gov/Portals/0/elections/pdf/COC-ROVlist.pdf. Return to Top of Document 20 10/03/2012 Registration See Also: Voting in Person – Registration Missing from the Rolls Table of Contents: 1) Eligibility 2) Residency Requirements 3) Applications 4) Timing 5) Changes 6) College Students 7) Military Personnel and Overseas Voters 8) Removal from Registration List 9) Restoration of Voting Rights 10) Third Party Registration 1. Eligibility to Register: Who can register to vote? See Also: Restoration of Voting Rights; Residency Requirements Response: To register to vote in Louisiana, a person must: be a United States citizen; be at least 17 years old, but must be 18 years old to vote in the election; not be under an order of imprisonment for conviction of a felony; not be under a judgment of full interdiction for mental incompetence or limited interdiction where voting rights have been suspended; and reside in the state and parish in which he or she seeks to register. [ R.S. 18:101(A); 18:102; Louisiana Secretary of State, Elections Division website at: http://www.sos.la.gov/tabid/457/Default.aspx .] Further Explanation: Persons with Intellectual or Cognitive Disabilities Louisiana encourages all state citizens to vote, including persons with intellectual and cognitive disability who have not been declared to be mentally incompetent pursuant to a full interdiction, or whose right to vote has not been suspended by a limited interdiction, regardless of the person's living arrangements, such as a group home, long-term care facility, or treatment facility. [ R.S. 18:102.1 ] Return to Top of Document 2. Residency Requirements: Am I a legal Louisiana resident? Response: A “resident” is defined as a citizen who resides in Louisiana and in the parish, municipality, if any, and 21 10/03/2012 precinct in which he or she offers to register and vote, with an intention to reside there indefinitely. Essentially, the voter must intend for Louisiana to be the voter’s legal residence, and the voter is therefore a Louisiana resident. The voter must have a residence address within the parish; a P.O. Box address does not qualify. Further Explanation: If a Louisiana citizen has more than one residence, he or she can only register at one of the places of residence; however, if a person claims a homestead exemption on one of the residences, he or she must register and vote in the precinct in which that residence is located, except a person located in a nursing or veterans’ home operated by the state or federal government may register where the nursing or veterans’ home is located. [ R.S. 18.101.A(1); 18:110(A); 18:110(C); Louisiana Secretary of State, Elections Division website at: http://www.sos.la.gov/tabid/457/Default.aspx ] Moving A registrant who moves before the close of registration for an election to an address within the same parish may simply change his or her registration by notifying the Registrar by mail or in person without re-registering. A registrant who moves to an address in another parish remains entitled to vote at his or her former parish for three months after the move or until he or she re-registers in such new parish, whichever is sooner. [ R.S. 18.101.A(1); 18:110(A); 18:110(C); Louisiana Secretary of State, Elections Division website at: http://www.sos.la.gov/tabid/457/Default.aspx ] Displaced Voters A person who has been involuntarily displaced from his residence by a Governor's declared state of emergency shall still be considered a resident of the state and parish in which he or she is registered to vote unless he or she has either established a new residence or has changed his or her registration to an address outside the voting district. The voter should provide a “mailing address,” if different from the voter’s pre-emergency residence address, to the Registrar to remain an active voter. [ R.S. 18:101(F) ] Return to Top of Document 3. Applications for Registration: How do I apply and what information do I have to provide? See Also: Eligibility to Register; Military Personnel; Timing of Registration; Residency Requirements Response: This answer outlines the procedures for the following activities related to voter registration: (1) procedures to register to vote; (2) information that the applicant must provide on his or her application to vote; and (3) identification requirements to register to vote. Voters should be aware that 22 10/03/2012 there are multiple ways they can register to vote. Voters will also need to provide multiple pieces of information, and have the appropriate ID in order to register to vote. Further Explanation: Ways to Register to Vote; 1. Online Louisiana Voter Registration Application forms can be submitted electronically at the Louisiana Secretary of State website, available at http://www.sos.la.gov/tabid/955/Default.aspx . 2. In Person, at: Any parish Registrar of Voters office, which can be found at http://www.sos.la.gov/tabid/1175/Default.aspx ; Louisiana Department of Motor Vehicle offices; Louisiana agencies that provide services under the food stamp, Medicaid, supplemental food for Women, Infants, and Children (WIC), and the Family Independence Temporary Assistance Program (FITAP), and any other public assistance agencies that the Secretary shall designate; Social Service offices and offices administering state-funded programs to serve persons with disabilities; Armed Forces Recruitment offices; Public colleges, universities and high schools; Private colleges, universities, and high schools who have chosen to participate; and Municipalities who have chosen to participate. 3. By Mail Voters can download and fill out The National Mail Voter Registration Form, available at the Election Assistance Commission website at http://www.eac.gov/voter_resources/register_to_vote.aspx . The voter should mail this registration form to his or her Registrar office; OR Voters can download the Louisiana Voter Registration Application form, available at http://www.sos.la.gov/Portals/0/elections/pdf/F%20VoterRegApp_Rev05-11_.pdf . The voter should also mail this registration form to his or her Registrar office. The list of Registrar offices is included on the form. Voters should NOT mail or otherwise send voter registration forms to the Secretary of State Elections Division office. 4. NOT by Fax The voter registration form should be addressed and mailed OR hand-delivered to the Registrar in the parish in which the voter is registered. Faxed voter registration forms are not accepted. [ R.S. 18:103(A); 18:114; 18.116; La. Admin. Code tit. 31, pt. 2 § 503; Louisiana Secretary of State, Elections Division website at: http://www.sos.la.gov/tabid/457/Default.aspx . ] 23 10/03/2012 Information Applicant Must Provide: Each application form will ask for the following: Date of application; Name; Sex and date of birth; Municipality, parish or county, state or province, and country of birth; Whether the applicant is currently under an order of imprisonment for conviction of a felony; Whether the applicant is currently under a judgment of full interdiction for mental incompetence, or a limited interdiction in which the right to register and vote has specifically been suspended; Place of residence, including street or apartment number or both, municipality (if any), and if a rural address, sufficient information, in addition to route and post box number, to identify the precinct of residence, and mailing address. Note: a P.O. box address or mail center box does not qualify as a residence address; Name of state, parish, ward and precinct number, and the registration number; Place of last residence; The state and parish or county of last registration; Political party affiliation or, if none, an entry to that effect; Information sufficient for clear and precise identification of the applicant as the person he or she claims to be and subsequently for identification at the polls. This information may include mother's maiden name, father's middle name, name of spouse, occupation, and employer; Whether or not the applicant requires assistance when voting, and if so, why. If the person is unable to read or write English, the form shall show in which language he or she is entitled to printed materials and ballots and assistance if his or her language is one of a minority language group under a determination made under the federal Voting Rights Act; [ See 42 U.S.C.A. Sec. 1973(b) ] Space for changes of address within the parish, changes of name, changes of party affiliation, dates of any of these, and remarks; Signature of the applicant attesting that the applicant is a United States citizen and that the facts given on this application are true to the applicant’s best knowledge and belief. When the registration application is completed at the office of motor vehicles of the Department of Public Safety and Corrections, an electronically captured signature of the applicant may suffice as a handwritten signature of the applicant; Louisiana driver's license number or Louisiana special identification card number, if issued, or if no Louisiana driver's license or Louisiana special identification card has been issued, the last four digits of the social security number, if issued. The full social security number of the applicant may be provided on a voluntary basis by the applicant: o If the applicant has neither a Louisiana driver's license, a Louisiana special identification card, or a social security number, the applicant shall attach one of the following items to the application: A copy of a current and valid photo identification; OR 24 10/03/2012 A copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the applicant. Ethnic origin, which shall at least include Hispanic, American Indian, Asian, and other as choices. This is not required for registration, but may be provided voluntarily. [ R.S. 18:104 ] Identification Requirements: 1. Online- Applicants must have a valid Louisiana driver’s license or special ID card to register to vote online. Simply having a social security number will not allow an applicant to apply online. [ R.S. 18:115.1 ] 2. In Person- A voter needs his or her current Louisiana driver’s license, if he or she has one, or his or her birth certificate, or other documentation which reasonably and sufficiently establishes the applicant’s identity, age, and residency. A birth certificate establishes only identity and age, so the applicant will need other supplemental documentation to prove residency. If the applicant doesn’t have a photo ID, he or she will be asked identifying questions by the poll worker and will be asked to sign an identification affidavit before voting. If the person authorized to accept voter registration doesn’t believe the applicant is the person he or she represents him or herself to be, he or she can require the applicant to produce two witnesses who reside in his precinct to make oath to establish the applicant’s identity, age, and residency. An applicant of foreign birth who has been naturalized must prove that he or she has been legally naturalized, either by a certificate of naturalization under the seal of the court in which the naturalization took place, or his or her current U.S. passport. If the applicant claims to be a citizen of the United States other than by birth or naturalization, he or she must prove his or her U.S. citizenship, either by certificate of citizenship, certificate of repatriation, or his current U.S. passport. Mandated Site- If the applicant is applying at a mandated site, then the applicant does not have to provide any other identification other than whatever proof is required for the services received that the applicant has applied for. [ R.S. 18:105; Louisiana Secretary of State, Elections Division website at: http://www.sos.la.gov/tabid/457/Default.aspx . ] 3. By Mail- The form will have a space for the applicant to put his or her Louisiana driver’s license number or Louisiana special ID card number, if issued, or if neither of these have been issued, then the applicant’s last four digits of his or her social security number. The applicant may voluntarily provide his or her full social security number. If the applicant doesn’t have a Louisiana driver’s license, special ID card, or social security number, then the applicant must attach one of the following items to his or her application: (1) a copy of current and valid photo ID; (2) a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the applicant. [ R.S. 18:104 ] 25 10/03/2012 Return to Top of Document 4. Timing of Registration: How far in advance of the election do I need to register? Response: Louisiana voters must be registered 30 days prior to an election to be eligible to vote in that particular election. If a deadline falls on a legal holiday, the Registrars shall close registration on the first day after the holiday which is not a Saturday, Sunday, or other legal holiday. Further Explanation: If there’s an emergency as declared by the governor or the parish president and the Registrar is unable to open at least one office in the parish on the day registration is supposed to close, the Registrar will not close registration on that day, but will close registration on the first business day thereafter that the Registrar opens an office in the parish. While the Registrar closes registration 30 days prior to an election, the Registrar will still accept applications for registration, change of address, change of party affiliation or non-affiliation, change of name, or application for any other lawful entry or change in a registration. However, none of these changes will become effective until after that election.[ R.S. 18:135 ] Return to Top of Document 5. Changes to Registration Information: How and when do I change the name, address or party affiliation on my registration? Response: This answer outlines the deadlines and procedures for the following activities related to voter registration: (1) ways to change registration information (e.g. online, by mail); (2) procedures for changing residences; (3) procedures for changing names; and (4) procedures for changing party affiliation. Voters should be aware that they can change this information in multiple ways, and that the procedures for changing residences differs depending on whether the voter moves into a new precinct or parish or not. Further Explanation: Ways to change registration information: 1. Online- Voters can make changes to their registration through an online application, available at http://www.sos.la.gov/tabid/955/Default.aspx . 2. By Mail- The original voter registration application also allows voters to: (1) change address; (2) request a name change; or (3) change party affiliation. The voter should fill out the form according to the instructions and mail it to the Registrar. 3. In Person- The Louisiana Code and Secretary of State website are silent as to whether a voter can change his or her address, name, and party affiliation in person, but it is likely that a voter can do so at the Registrar’s office. 26 10/03/2012 When to change registration information: A voter must change his or her information 30 days prior to the election, or it will not become effective until after the election. [ R.S. 18:135 ] Changing Residence: 1. Inquiry by Registrar- If the Registrar believes that a voter has changed his or her residence or mailing address within the parish, the Registrar shall mail an address confirmation card to the voter. The card will inform the voter that he or she must notify the Registrar of his or her current address. If the voter fails to return the card, the Registrar will follow procedures for inactive/cancellation of voting under R.S. 18:193. [ R.S. 18:198 ] Voters who have been mailed an address confirmation card are placed on an inactive list of voters, which is governed by R.S. 18:196. The following applies to these voters: 2. Moving within the same parish and precinct- The voter may vote at the polling place of the last address on file upon affirming that the voter resides in the precinct by completing an address confirmation card affirming the new address within the precinct. [ R.S. 18:196 ] 3. Moving to a new precinct in the same parish- The voter may vote at the polling place of the last address on file, for that election only, upon affirming that the voter still resides in the parish by completing an address confirmation card affirming the new address in the parish. [ R.S. 18:196 ] 4. Moving outside the parish- The voter may vote at the polling place of the last address on file, for that election only, upon affirming in writing that the voter has moved within the last three months and no longer resides in the parish by completing an address confirmation card affirming the new address outside the parish and that the length of time since the move is not more than three months. If the voter does not affirm that he or she has moved within the last three months, he or she will not be allowed to vote. [ R.S. 18:196; 18:110(C) ] 5. Moving after the 30th day prior to an election- If the voter has moved to another state or another political subdivision of Louisiana after the 30th day before an election for U.S. president and vice president (or for electors for president and vice president), the voter may vote: (1) in the place the voter lived before he or she moved; or (2) by absentee ballot in the place where he or she lived before he or she moved. [ R.S. 18:101 ] 6. Prior registration in a different parish- Before registering in a new parish, the voter must cancel his or her old voter registration. The Registrar in the new parish will alert the Registrar in the former parish, and the former Registrar shall verify the cancellation of the voter’s registration. But the voter’s registration should not be canceled as long as the registrant still has a right to vote in the parish of the former residence. (See voting rules above- R.S. 18:110(C)). [ R.S. 18:108 ] 7. Reinstatement in a prior parish- If a voter’s registration has been canceled because he or she moved to a new parish, and then the voter registers in the former parish and is still qualified to vote in that parish, then the voter’s registration in the former parish will be reinstated. [ R.S. 18:108 ] 8. Moving to another state- The voter must send his or her Registrar a letter requesting to have his or her voter registration canceled if the voter wants to register in his or her new state. The voter may not be registered in more than one state. [ Louisiana Secretary of State, Elections Division website at: http://www.sos.la.gov/tabid/457/Default.aspx ] 27 10/03/2012 Changing Name: 1. An applicant may change his or her name online, by mail (by filling out a new voter registration form), or in person. (See above “Ways to Change Registration Information”) 2. Married Women- May be registered under her maiden name, her present husband’s name, or a hyphenated combination thereof. 3. Divorced, Widowed, or Remarried Women- May be registered under her maiden name, in the surname of her deceased OR former OR present husband, or in a hyphenated combination thereof. [ R.S. 18:111 ] Changing Party Affiliation: 1. An applicant does not need to declare a party affiliation in order to register to vote, but he or she must circle “no party” on the application form. 2. If the voter has no party affiliation- If the applicant registered without affiliating with a party, he or she must apply in writing (or electronically) to the Registrar to declare a party by the means above. 3. If the voter wants to switch parties- If the voter wants to switch parties, he or she must apply in writing (or electronically) to the Registrar by the means above. 4. If the voter wants to affiliate with no party- If the applicant registered and affiliated with a party, and now would like to disaffiliate, then he or she must apply in writing (or electronically) to the Registrar by the means above. [ R.S. 18:107 ] Return to Top of Document 6. College Students: Can I register to vote in Louisiana if I’m a college student from out of state? See Also: Eligibility to Register; Residency Requirements Response: Yes, college students from out-of-state can register to vote in Louisiana using their school addresses, but each voter can only be registered in one state at any given time. Further Explanation: College Student Eligibility A full-time student at institutions of higher learning in Louisiana can choose as his or her residence either: (1) the place where he or she resides when not attending school (in which case the student would register in that state, or if in Louisiana, in that parish); OR (2) the place where he or she resides while attending school (effectively, any full-time college student in Louisiana can use his or her school address to register to vote in Louisiana, as long as he or she uses his or her mailing address and not a P.O. Box address). The student does not need to have an intent to reside indefinitely at the place where he or she registers. [ R.S. 18:101(C) ] 28 10/03/2012 Students from Louisiana who attend a school in another parish may also qualify to vote absentee. If a student chooses Louisiana as his or her residence, but attends an institution of higher education in a different parish (or state), then the student can vote absentee by mail, even if it is the student’s first time voting (this applies both if the student originally registered in person, and if the student originally registered to vote by mail). If the student registered to vote by mail, then he or she must include a copy of his or her fee bill or student ID card with his or her first application to vote absentee by mail. [ R.S. 18:115(F); FAQs Regarding Voting Absentee By Mail, prepared by Louisiana Secretary of State, available at: http://www.sos.la.gov/Portals/0/elections/pdf/FAQ%20Regarding%20Voting%20Absentee%20by%20Mail% 20Rev.%206-2012.pdf .] Return to Top of Document 7. Military Personnel and Other Voters Living Overseas: How do I register if I’m a serving abroad in the military or otherwise living abroad? Response: This answer outlines deadlines and procedures for the following activities related to military and overseas voter registration: (1) who is eligible to vote; (2) ways for military and overseas citizens to vote; (3) the deadline for requesting an absentee ballot; and (4) the deadline for returning an absentee ballot. Military and overseas voters should note that many of their deadlines and procedures are different from non-military and non-overseas voters. Further Explanation: Voting Eligibility for Military and Overseas Citizens: A U.S. citizen living outside the U.S. who was domiciled in Louisiana immediately before leaving the U.S., who is at least 18 (or will be 18 on or before the next national election), and who is not disenfranchised, is eligible to register absentee and vote absentee by mail, if he or she meets the following conditions: has complied with Louisiana registration procedures; is not domiciled, registered to vote, or voting in any other state, territory or possession of the United States; and has a valid passport or card of identity and registration issued under the authority of the Secretary of State of the United States. If the applicant does not have one of these documents, he or she must have a certified copy of a birth certificate or a naturalization certificate and a proof of identity, such as a vehicle operator's license or an expired passport that includes a photograph and handwritten signature. A short-form birth certification card shall be acceptable as a certified copy of the birth certificate. Certain intent to return to Louisiana is not necessary for the applicant to be eligible to register to vote in Louisiana. [ R.S. 18:101(E) ] 29 10/03/2012 Ways for Military and Overseas Citizens to Register to Vote: 1. By Federal Post Card Application (FPCA)- This is the primary form for members of the United States Services, their family members, and overseas citizens to use when requesting registration and/or an absentee ballot. The FPCA is available at the Federal Voting Assistance Program (FVAP) website: http://www.fvap.gov/ . The applicant may transmit the application to his or her Registrar by mail, fax, or other means. An applicant may use a single FPCA to request ballots for all elections held from the date the Registrar receives the application through two subsequent federal general elections (local, state and federal offices). [ R.S. 18:103(D) ] 2. By Louisiana Voter Registration Application form- The applicant must notify the Registrar that he or she would like to register to vote, and provide the Registrar with the applicant’s address outside the United States. (in writing, either by mail or electronically). The Registrar will mail the applicant a registration form to the applicant’s address outside the U.S. The applicant must complete the form and sign it. The applicant may return the registration form to the Registrar by mail, fax, or other means. [ R.S. 18:103(C) ] “United States Service” includes the following persons, and their spouses and dependents: • A member of the armed forces while in active service. • A member of the merchant marine of the United States. • Civilian employees of the U.S. Government serving outside the United States. • Members of religious or welfare groups attached to and serving with the Armed Forces. [ R.S. 18:1302(8) ] Deadline To register and request an absentee ballot, the local Registrar must receive the applicant’s registration form (Federal Post Card or state application) at least 30 days prior to the election. [ R.S. 18:135 ] Once registered, the voter must request an absentee ballot by 4:30 p.m. on the day before the election. The voter must return the absentee ballot (i.e., the Registrar must receive it) by the closing of polls on Election Day. The request to vote absentee will remain valid through two subsequent federal general elections from the date of receipt of the application in the Registrar’s office. [ R.S. 18:1307(C); 18:1311(D)(1)(a) ] [ R.S. 18:103(D); Louisiana Secretary of State, Elections Division website at: http://www.sos.louisiana.gov/tabid/620/Default.aspx; Federal Voting Assistance Program website at: http://www.fvap.gov .] 30 10/03/2012 Return to Top of Document 8. Removal from Registration List: Under what circumstances can my name be removed from the list of registered voters? Response: This answer outlines the procedures for the following situations related to voting registration: (1) when a voter’s registration can be revoked or suspended; and (2) how a voter reinstates his or her revoked or suspended registration. Voters should be aware that there are multiple situations which can cause his or her voting rights to be suspended or revoked. Further Explanation: Generally Once a voter is registered in a parish, the voter will remain registered unless his or her registration is canceled for cause (which is set out in the following rules). [ R.S. 18:191 ] No Cancellation After Primary Election No registration can be canceled between a primary election and the general election unless the registrant’s name has been fraudulently placed upon the registration records or the registrant’s registration has been canceled as a result of the Registrar’s annual canvass. [ R.S. 18:197 ] Cancellation of Registration Registration will be canceled if (some of the following examples include just suspension, not full cancellation): Written Request- If the registrant files a written request to cancel his or her registration with the Registrar for the parish in which he or she is registered, then his or her registration will be canceled. Not responding to an address confirmation card- If the registrant is on the list of inactive voters (by way of the registrant being no longer qualified to vote, or changing his or her residence to one outside the parish) and fails to respond to an address confirmation card for two regularly scheduled federal general elections and his or her address cannot otherwise be confirmed, then his or her registration will be canceled. Death- If the Registrar receives a certified copy of a voter’s death certificate or confirms a voter’s death from an obituary notice with the office of vital records, then the voter’s registration will be canceled. Unlawful registration or no longer qualified- If the registrant has unlawfully registered OR the registrant is no longer qualified to vote for a reason other than a change of residence or address, then his or her registration may be canceled. The voter will receive a notice of this suspicion, and the voter has 21 days to appear at the Registrar with show cause why he or she should not be removed. If the voter does not do this within 21 days, then his or her registration will be canceled. If the voter shows up and shows cause, his or her registration will not be canceled. 31 10/03/2012 Change of residence outside of parish- If the resident has permanently moved out of the parish OR has changed his or her residence, then his or her registration may be canceled. The voter will receive an address confirmation card and once the Registrar receives the card confirming that the voter has moved outside the parish, the voter’s registration will be canceled. Moving within the parish- If the Registrar has information from the USPS that the voter has moved to another address within the parish, the Registrar shall not place the voter on the inactive voter list. If the Registrar was mistaken and a voter received an address confirmation card when he or she has actually not moved (or has only moved within the parish), then the voter should fill out the address confirmation card and the Registrar should remove the voter’s name from the list of inactive voters (if the voter’s name has been placed on the inactive list). If the voter fails to respond to the address confirmation card, then the voter will remain on the inactive list until his or her address is confirmed. Once two regularly scheduled federal general elections have passed without an answer, the Registrar will cancel the voter’s registration. Felony conviction and under an order of imprisonment- The Registrar will receive a report of convicted felons, and will send those individuals a notice. The voter then has 21 days to appear at the Registrar office to show cause why he or she should not be suspended. If the voter does not do this within 21 days, then his or her registration will be suspended. If the voter shows up and shows cause, his or her registration will not be suspended. The felon will receive notification of his or her suspension and the reason why. The felon can reinstate his or her voting rights by appearing at the office of the Registrar and providing documentation that he or she is no longer under an order of imprisonment. [ R.S. 18:177 ] Mental Incompetence- The Registrar will receive a report of interdicts, and will suspend the registration of each person listed on the report for the period of interdiction. The individual will receive notification of the suspension and the reason for it. A previously interdicted person can reinstate his or her voting rights once the Registrar receives a certified copy of a definitive judgment revoking the interdiction. [ R.S. 18:177 ] Legal Name Change- If the voter legally changes his or her name, the Registrar will receive a report pursuant to 18:174. If the Registrar determines that the voter is in violation of R.S. 18:111 by not filing the name change with the Registrar, then the Registrar shall challenge the registration of the voter and shall take other action, including cancellation. Erroneous Revocation- If the Registrar cancels or suspends a voter’s registration by error, the Registrar will reinstate the voter’s registration as if the error never occurred and will notify the voter of the reinstatement. [ R.S. 18:110(D); 18:173; 18:176; 18:193 ] Annual Canvass Each parish’s Registrar will annually canvass the names of the registrants in all precincts in the parish. The Registrar can use the USPS to verify the names and addresses of the voters in all precincts in the state. If USPS provides a corrected address for a registrant, the Registrar must mail him or her a new voter identification card and an address conformation card using the corrected address. 32 10/03/2012 If the new voter identification card is returned to the Registrar and the voter has failed to return the address confirmation card, the Registrar must consider the address not corrected and the Registrar’s records should reflect the voter’s prior address. [ R.S. 18:192(A)(1) ] Return to Top of Document 9. Restoration of Voting Rights: Am I ineligible to vote because of a felony conviction, and if so, how can my voting rights be restored? Response: Convicted felons are only ineligible to vote if they are under an order of imprisonment. Convicted felons whose voting rights have been suspended may reinstate their voting rights by providing the appropriate documentation to the Registrar. Further Explanation: Suspension A felony conviction will only prevent an individual from voting if it is also accompanied by an order of imprisonment. The Registrar will receive a report of felony convictions, and will subsequently notify the individual. The individual has 21 days to appear at the office of the Registrar and show cause why his or her registration should not be suspended. If the individual appears and shows cause, then his or her registration will not be suspended. But if the individual does not appear, then his or her registration will be suspended. [ R.S. 18:176 ] Reinstatement The individual can reinstate his or her voting rights by appearing in the office of the Registrar and providing documentation from the appropriate correctional official showing that he or she is no longer under an order of imprisonment. At this point, the individual’s registration shall be reinstated. [ R.S. 18:177 ] Return to Top of Document 10. Third Party Registration: What does a third party registration group have to do to comply with the law? Response: Third-party registration groups must submit voters’ registration applications to the Registrar by a certain deadline. These groups must also comply with bribery and voting assistance laws that carry fines and jail time for violations. 33 10/03/2012 Further Explanation: Deadline to Return Registration Applications When a voter registers with a third-party registration group, it is considered a registration by mail. The Registrar must receive the registration applications from the third-party registration group by the registration deadline for that election in order for the applicants to be eligible to vote (usually 30 days prior to the election). [ R.S. 18:115.(E)(2) ] Complying with the Law No person, including third party registration groups, may knowingly, willfully, or intentionally: Fail, refuse, or neglect to discharge any duty imposed upon him, either individually or in an official capacity, by any provision of this Title. (Violators shall be fined not more than $2,000 or be imprisoned for not more than two years, or both.) Supply a false answer or statement to an election official in any document required by this Title, or execute an affidavit knowing it to contain false or incorrect information. (Violators shall be fined not more than $2,000 or be imprisoned for not more than two years, or both.) Sign another voter’s name in the precinct register. (Violators shall be fined not more than $500 or be imprisoned in the parish jail for not more than 6 months, or both.) Attempt to influence an election official or watcher in the performance of his duties on Election Day. (Violators shall be fined not more than $500 or be imprisoned in the parish jail for not more than 6 months, or both.) Disobey any lawful instruction of a Registrar, Deputy Registrar, commissioner-in-charge or commissioner or a law enforcement officer providing assistance to maintain order at a polling place. (Violators shall be fined not more than $500 or be imprisoned in the parish jail for not more than 6 months, or both.) Shall give, promise, or offer to give, directly or indirectly, a campaign contribution to a candidate, political committee, or other person, or accept, solicit, offer to accept, directly or indirectly, a campaign contribution by a candidate, political committee or other person, with the intention that the candidate will provide or influence another to provide the contributor or another person a position of public employment, an appointive governmental position, a public contract, or anything of apparent present or prospective value. (Violators shall be fined not more than $1,000, or be imprisoned for not more than 5 years, or both.) [ R.S. 18:1461.3; 18:1469 ] No third party organization can alter any information contained on the voter registration application. [ Louisiana Secretary of State, Elections Division website available at: http://www.sos.la.gov/tabid/565/Default.aspx ] Neither the Louisiana Elections Code nor the Administrative Code otherwise impose any restrictions or requirements on third party registration groups regarding: (1) helping others register to vote; (2) use of the National Registration form; (3) pre-filling information on the registration form; (4) putting identifying marks on completed voter registration applications; (5) third-party signatures on completed applications; 34 10/03/2012 (6) voter registration organizations registering or filing information detailing its activities; (7) training of volunteers or staff of registration drives; (8) registration of volunteers or staff of registration drives; (9) residency of volunteers or staff of voter registration drives; (10) correcting incomplete applications with the consent of the applicant; or (11) copying completed voter registration applications before delivering them to the Registrar's office. Return to Top of Document Responding to Challenges, Intimidation and Deceptive Practices Table of Contents: 1) Electioneering Boundaries 2) Challenges by Poll Workers 3) Challenges by Other Voters and Poll Watchers 4) Deceptive Information 5) Intimidation by Poll Workers 6) Intimidation by Other Voters 7) Police Presence 1. Electioneering Boundaries: What is the electioneering boundary at my polling place? Response: It is illegal for anybody to campaign or solicit voters within 600 feet of a polling place’s entrance while early voting is occurring or between 6:00 a.m. to 9:00 p.m. on Election Day. Further Explanation: The following acts are prohibited from 6:00 a.m. to 9:00 p.m. anywhere within a 600-foot radius of the entrance to any polling place on Election Day or at an early voting location: Solicitation of any person to vote for or against any candidate or proposition; Remaining within a radius of 600 feet of the entrance to the polling place or early voting location, except when voting, after having been directed by an election commissioner, law enforcement officer, Registrar, or Deputy Registrar to leave the premises; Handing out, placing or displaying campaign cards, pictures, or other campaign literature of any kind; Placing or displaying political signs, pictures, or other forms of political advertising; and Circulating a recall petition or seeking handwritten signatures to a recall petition. No election official will: Wear any badge, button, pin, or other insignia identifying him or her with any political candidate or faction; or Attempt to influence any voter to vote for or against any candidate or proposition being voted on in that election. These provisions do not prohibit displaying political signs or pictures on private property which is not being used as a polling place. Whoever violates any of the above provisions will be fined up to $500 or be imprisoned up to six months, or both. Any subsequent offense is punishable by a fine of up to $1,000 or imprisonment for up to one year, or both. [ R.S. 18:1462 ] 35 10/03/2012 Other Election Offenses: The following acts are prohibited in any polling place: Possessing an alcoholic beverage after having been directed by a commissioner, Registrar, or law enforcement officer to remove or dispose of the beverage; Being intoxicated; and Carrying or possessing a firearm. Whoever violates any of the above provisions will be fined up to $500 or be imprisoned up to six months, or both. Any subsequent offense is punishable by a fine of up to $1,000 or imprisonment for up to one year, or both. [ R.S. 18:1461.7 ] Note: The Louisiana Supreme Court declared R.S. 18:1462 unconstitutional on federal constitutional grounds; this decision is in conflict with a United States Court of Appeals for the Fifth Circuit decision. Compare State v. Schirmer, 646 So.2d 890 (1994) (holding sections of R.S. 18:1462 unconstitutional) with Schirmer v. Edwards, 2 F.3d 117 (5th Cir. 1993) (holding R.S. 18:1462 constitutional in its entirety). The Attorney General of the State of Louisiana is “of the opinion that R.S. 18:1462(A) as amended and reenacted [in] 1995 is valid and enforceable, unless and until it is challenged and declared unconstitutional by a court of proper jurisdiction.” La. Att’y Gen. Op. No. 00-49 (March 1, 2000). Return to Top of Document 2. Challenges by Poll Workers: Can I be challenged by a poll worker? Response: A commissioner or watcher may challenge a person applying to vote in a primary or general election on the ground that: The applicant is not qualified to vote in the election; The applicant is not qualified to vote in the precinct; or The applicant is not the person whose name is shown on the precinct register. [ R.S. 18:565(A) ] Election Day Challenges: The commissioners present will determine the validity of the challenge by a majority vote. If they determine by majority vote that the challenge is valid, the applicant shall not be permitted to vote, although the applicant may be permitted to cast a provisional ballot. If it is determined that the applicant has moved within the parish or has moved outside the parish within the last three months, the voter will be allowed to vote upon completing an address confirmation card. If a majority of the commissioners determine that the challenge is invalid, the applicant will be permitted to vote normally. [ R.S. 18:565(C) ] A challenge to the qualifications of a voter must be at one or two times, either prior to the election under R.S. 18:191 and R.S. 18:193 (governing challenge of voter registrations) or under R.S. 18:565 (governing challenge of voters). [ Dumas v. Jetson, 462 So.2d 266 (1984) ] A challenge should be made before the vote is cast. [ Op.Atty.Gen., 1938-40, p. 324 ] Absentee and Early Voting Challenges: A candidate or his or her representative, a member of the board, or a qualified elector may challenge an absentee by mail or early voting ballot for the grounds specified 36 10/03/2012 above in response (R.S. 18:565(A)), by personally filing his or her written challenge with the Registrar no later than the fourth day before the election for which the ballot is challenged. [ R.S. 18:1315(A) ] The terms voter and elector are synonymous. [ State v. Dauzat, 843 So.2d 526, 529 (La. App. 3 Cir. 2003) ] Return to Top of Document 3. Challenges by Other Voters: What are my rights in the event of a challenge by another voter? Response: A qualified voter may challenge a person applying to vote in a primary or general election on the ground that: The applicant is not qualified to vote in the election; The applicant is not qualified to vote in the precinct or The applicant is not the person whose name is shown on the precinct register. [R.S. 18:565(A)] Further Explanation: The procedure for challenges by voters is the same as that for challenges by poll workers. A voter is one who is registered to vote; however, a registered voter may not necessarily be a qualified voter. [ State v. Dauzat, 843 So.2d 526, 529 (La. App. 3 Cir. 2003) ] In other words, in order to challenge another voter’s qualifications, the individual bringing the challenge must meet those qualifications. Return to Top of Document 4. Deceptive Information: What should I do if I see or receive deceptive information regarding an upcoming election? Response: The hotline captain should ask the caller to make copies of all documents. The hotline captain should contact the Lawyers Committee Command Center and an attorney there will contact a parish election official or the Registrar (or possibly the clerk of the court). Further Explanation: No person shall knowingly, willfully, or intentionally deceive or misinform any voter in matters concerning voting, voter registration, or the signing of a petition, including matters concerning the voluntary affiliation or non-affiliation of a voter with any political party. [ R.S. 1461.4 ] Return to Top of Document 5. Intimidation by Poll Workers: What should I do if a poll worker attempts to intimidate me at the polls? Response: You should report the incident to the commissioners at the polling place, who are charged with maintaining order at the polling place. If this fails to resolve the issue, you should notify this hotline again, as well as the Secretary of State’s office. Further Explanation: No person in Louisiana shall knowingly, willfully, or intentionally: 37 10/03/2012 intimidate, deceive, or misinform any voter in matters concerning voting or registration; coerce, compel or otherwise influence an assisted voter to cast his vote in a certain way when assisting that voter in the voting booth; fail to mark the ballot or vote in the manner dictated by an assisted voter when assisting that voter in the voting booth; intimidate a person by the use of violence, force, or threats with the intent to influence that person’s decision to vote, impede that person’s decision to vote, or impede that person’s access to or exit from a polling place; or obstruct or delay any voter on his way to or while returning home from any polling place. [ R.S. 18:1461.4(A); Informational Pamphlet for Election Day Voting, prepared by Louisiana Secretary of State, available at: http://www.sos.la.gov/Portals/0/elections/pdf/IPElecDayRev1-11.pdf ] Bribery of voters is also prohibited. Bribery of voters occurs when one gives or offers to give money or anything of present or future value to any voter with the intent to influence the voter in the casting of his ballot. Accepting or offering to accept a bribe under such circumstances also constitutes bribery of voters. [ R.S. 18:1461(A)(1) ] Whoever violates any provision above will be fined up to $2,000 or be imprisoned, with or without hard labor, for not more than two years, or both. Any subsequent offense, the penalty will be a fine of not more than $5,000 or imprisonment at hard labor for not more than five years, or both. [ R.S. 18:1461.4(B); 18:1416(B) ] Return to Top of Document 6. Intimidation by Other Voters: What should I do if another voter attempts to intimidate me at the polls? Response: You should report the incident to the commissioners at the polling place. If this fails to resolve the issue, you should call this hotline back. Further Explanation: No person in Louisiana shall knowingly, willfully, or intentionally: intimidate, deceive, or misinform any voter in matters concerning voting or registration; coerce, compel or otherwise influence an assisted voter to cast his vote in a certain way when assisting that voter in the voting booth; fail to mark the ballot or vote in the manner dictated by an assisted voter when assisting that voter in the voting booth; intimidate a person by the use of violence, force, or threats with the intent to influence that person’s decision to vote, impede that person’s decision to vote, or impede that person’s access to or exit from a polling place; or obstruct or delay any voter on his way to or while returning home from any polling place. [ R.S. 18:1461.4(A); Informational Pamphlet for Election Day Voting, prepared by Louisiana Secretary of State, available at: http://www.sos.la.gov/Portals/0/elections/pdf/IPElecDayRev1-11.pdf ] Bribery of voters is also prohibited. Bribery of voters occurs when one gives or offers to give money or anything of present or future value to any voter with the intent to influence the voter in the casting of his ballot. Accepting or offering to accept a bribe under such circumstances also constitutes bribery of voters. [ R.S. 18:1461(A)(1) ] 38 10/03/2012 Whoever violates any provision above will be fined up to $2,000 or be imprisoned, with or without hard labor, for not more than two years, or both. Any subsequent offense, the penalty will be a fine of not more than $5,000 or imprisonment at hard labor for not more than five years, or both. [ R.S. 18:1461.4(B); 18:1416(B) ] Return to Top of Document 7. Police Presence: What should I do if I am intimidated by police present at the polling place? Response: Police are not permitted to be routinely stationed at polling places on Election Day. Find out if the police presence has been requested by the commissioners and, if so, the reason for the request. The hotline captain should contact the local police to let them know that that police presence at the poll is intimidating voters. If the commissioners continue to insist on a police presence that appears unnecessary, the hotline captain should contact the Lawyers Committee Command Center and an attorney there will contact a parish election official or the Registrar (or possibly the clerk of the court). Further Explanation: Law enforcement officers shall not be stationed at polling places on Election Day, but the commissioners may summon law enforcement officers to assist them in preserving order, enforcing the election laws, or protecting election officials from interference with the performance of their duties. Law enforcement officers shall not be eligible to serve as commissioners-in-charge, commissioners, alternate commissioners, or watchers. A law enforcement officer at a polling place is subject only to the orders of the commissioners at that polling place. [ R.S. 18:428 ] Return to Top of Document 39 10/03/2012 Voting in Person See Also: Absentee Voting – Voting in Person after Requesting an Absentee Ballot Table of Contents: 1) Early Voting 2) Where to Vote 3) Hours Polling Places are Open 4) Duties of Poll Workers 5) Who May Be Present 6) Identification Required 7) Missing from the Rolls 8) Changed Name or Address 9) Provisional Ballot 10) Assistance 11) Equipment Malfunctions 1. Early Voting: Can I vote in person before the Election Day, and how? See Also: Hours Polling Places Are Open Response: A Louisiana voter may vote during the early voting period at a place designated by the Registrar if he or she is qualified to vote. [ R.S. 18:1303(A); 1309 ] The early voting period occurs from fourteen days to seven days prior to any scheduled election. [ R.S. 18:1309 ] You can find your Early Voting location by calling your local Registrar or by visiting: http://www.sos.la.gov/tabid/984/Default.aspx Hours: When the early voting location is the office of the Registrar, the Registrar will maintain regular office hours 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 have been allowed to vote. [ R.S. 18:1309 ] When an alternate early voting location has been designated, the hours and days of early voting may vary. [ R.S. 18:1309; R.S. 18:1309.2 ] The Registrar may fix the hours and days of early voting at these locations with the approval of the Secretary of State and shall ensure that adequate notice is posted at the office of the Registrar and on the Secretary of State’s website. [ 2012 La. Sess. Law Serv. Act 93 (H.B. 578) (West) (amending R.S. 18:1309) ] Procedures: Before a voter casts an early vote, the voter must satisfy the same identification requirements listed below under Question 6. Provisional Voting: In an election for federal office during the early voting period, a person will be permitted to cast an early voting provisional ballot for candidates for federal office under the following circumstances: the applicant’s name does not appear on the precinct register and the Registrar has not authorized the applicant to vote by affidavit; or the Registrar or Deputy Registrar asserts that the applicant is not eligible to vote, and the applicant declares himself/herself to be a registered voter and eligible to vote in the election for federal office. [ R.S. 18:566(C) ] 40 10/03/2012 Assistance: A voter entitled to assistance in voting may receive the assistance of any person of his choice, including a Registrar or Deputy Registrar. A voter shall not receive assistance in voting unless he is unable to read or is unable to vote without assistance because of a physical disability, including visual impairment. If a voter who is entitled to receive assistance in voting chooses to vote using the audio ballot instead of receiving assistance and the audio ballot equipment fails, the voter shall be entitled to assistance. The following persons, however, are prohibited from assisting voters during early voting: candidates, voter’s employers or employers’ agents, and voter’s union agents. In addition, staff at stateoperated facilities for mentally retarded/developmentally disabled persons may not assist residents in voting while at the Registrar’s office or the polls, and voters in nursing homes may not receive assistance from the owner, operator, or administrator of the nursing home or an employee of any of them. [ R.S. 18:1309; R.S. 18:1309.3; R.S. 18:1333; La. Admin Code tit. 48, pt. IX, § 509 ] A person who has voted either by absentee by mail ballot or during early voting may not vote in person at the polls on Election Day. [ R.S. 18:1305 ] Return to Top of Document 2. Where to Vote: Where is my polling place? Response: You can find your polling location by calling your local Registrar (which can be found by visiting http://www.sos.la.gov/Portals/0/elections/pdf/COC-ROVlist.pdf) or by visiting https://voterportal.sos.la.gov/ Return to Top of Document 3. Hours Polling Places Are Open: When does my polling place open and when does it close? Response: Polling places are required by law to be open between the hours of 6 a.m. to 8 p.m. on Election Day. [ R.S. 18:541 ] Any voter who is in line by the closing of the polls (at 8 p.m.) is entitled by law to cast a ballot. [ R.S. 18:542 ] [NOTE: This will change to 7 a.m. – 8 p.m. starting January 1, 2013] [ 2012 La. Sess. Law Serv. Act 577 (H.B. 209) (West) (amending R.S. 18:541) ] Further Explanation: If a voter finds that his or her polling place is not open during these hours, the voter should contact the relevant Registrar (which can be found by visiting http://www.sos.la.gov/Portals/0/elections/pdf/COC-ROVlist.pdf) . Return to Top of Document 4. Duties of Poll Workers: What functions do the different poll workers serve? 41 10/03/2012 Response: For a listing of election officials and their respective functions, see the section on Election Official Authority above. Return to Top of Document 5. Who May be Present at Polling Places: Who is permitted by law to be present at a polling place during voting hours? Response: The law permits the following people to be present at a polling place during voting hours: Commissioner-in-Charge Commissioners Watchers & Super Watchers Registrar and/or Deputy Registrar People in the care of a voter or people caring for a voter Law enforcement officers or emergency service personnel at the request of the commissioners Return to Top of Document 6. Identification Requirements: What form of identification should I bring with me to the poll? Response: At the polling place, all voters are required to present a form of identification such as: 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 voter’s name or signature. [ R.S. 18:562(A)(2) ] Further Explanation: If an applicant does not have proper photo identification, the applicant will sign an affidavit supplied by the Secretary of State before the commissioners. The applicant shall provide further identification by either presenting his current registration certificate, stating his date of birth, or providing information stated in the precinct register that is requested by the commissioners, such as mother’s maiden name. If the applicant is unable to read or write or is otherwise unable to complete the affidavit due to disability, the applicant may receive assistance in completing the affidavit and the commissioner shall make a notation on the affidavit. The applicant may receive assistance from any person of his choice, except a candidate, the commissioner-in-charge, the applicant’s employer or employer’s agent, or the applicant’s union agent. (Staff of state residential facilities or staff of nursing homes may not assist with voting, but are not prohibited from assisting with identification affidavits.) [ 2012 La. Sess. Law Serv. Act 138 (H.B. 852) (West) (amending R.S. 18:562); Informational Pamphlet for Election Day Voting, prepared by Louisiana Secretary of State, available at: http://www.sos.la.gov/Portals/0/elections/pdf/IPElecDayRev1-11.pdf ] An applicant that is allowed to vote without picture identification is subject to challenge as described above. 42 10/03/2012 No voter may be turned away for not having a driver’s license. Although poll workers often request a voter’s driver’s license, a generally recognized photo identification should be enough to permit a voter to cast a regular ballot on a voting machine. [ R.S. 18:562(A)(2) ] Return to Top of Document 7. Registration Missing from the Rolls: What do I do if I’m registered to vote but my name doesn’t appear on the rolls at my precinct? Response: If the name of a qualified voter was omitted from or incorrectly printed on the precinct register, the voter may be permitted to cast an “affidavit ballot.” Further Explanation: To determine whether a voter may cast an affidavit ballot, the commissioner must: contact the Registrar to confirm whether or not the person is registered to vote in that precinct; in the absence of a valid challenge of the voter, allow the applicant to sign an affidavit before a commissioner attesting that he or she is a qualified registered voter and describing the error or omission in the voter records; and preserve the applicant’s original affidavit as part of the election records by placing it in the envelope marked “Put in Voting Machine” and place the duplicate affidavit in the envelope marked “Registrar of Voters” and attach the envelope to the precinct register. [ R.S. 18:562(B)(3) ] Inactive List of Voters: In addition to the official list of voters, there shall be an inactive list of voters which shall consist of registrants who have been mailed an address confirmation card that has not been returned prior to the close of books for the primary election. Any registrant whose name appears on the inactive list of voters is eligible to sign a petition and, once validated, be returned to the official list of voters. [ R.S. 18:196 ] If the applicant’s name is found in the precinct register on the inactive list of voters and he or she has not voted early or absentee by mail, the applicant may still vote. [ R.S. 18:562(B)(2) ] Return to Top of Document 8. Changes to Name or Address: Am I able to vote if my name or address has changed but I haven’t updated my voter registration yet? See Also: Provisional Ballots Response: Name Change: A voter should be able to vote if his or her name has changed by completing a name correction form; if a voter is not permitted to change his or her name at the polls by completing a name change form, then he or she should ask for a provisional ballot. Moving Within the Same Parish and Precinct: Voters who have moved within the same parish and precinct may vote at the polling place of the last address on file at the office of the Registrar upon completing an address confirmation card affirming the new address within the precinct. 43 10/03/2012 [ R.S. 18:196(B)(2) ] Moving to a Different Precinct Within the Parish: Voters who have moved to a different precinct within the parish may vote at the polling place corresponding to the last address on file with the Registrar by completing an address confirmation card affirming the new address within the parish. [ R.S. 18:196(B)(3) ] Moving Outside the Parish: Voters who have moved outside the parish may vote at the polling place corresponding to the last address on file with the Registrar upon completing an address confirmation card affirming the new address and that the length of time since the move has not exceeded three months. If such registrant does not affirm that he or she has moved within the last three months, he or she will not be permitted to vote. [ R.S. 18:196(B)(4) ] Return to Top of Document 9. Provisional Ballots: Under what circumstances am I entitled to cast a provisional ballot and how can I make sure it is counted? Response: A person may cast a provisional ballot in an election for federal office under the following circumstances: the applicant’s name does not appear on the precinct register and the Registrar has not authorized the applicant to vote by affidavit; or the commissioners assert that the applicant is not eligible to vote, and the applicant declares himself/herself to be a registered voter and eligible to vote in the election for federal office; or the voter is voting in a federal election during court-ordered extended polling hours. [ R.S. 18:566(A); R.S. 18:566.1(A); Informational Pamphlet for Election Day Voting, prepared by Louisiana Secretary of State, available at: http://www.sos.la.gov/Portals/0/elections/pdf/IPElecDayRev1-11.pdf ] Early Voting In an election for federal office during the early voting period, a person will be permitted to cast an early voting provisional ballot for candidates for federal office under the following circumstances: the applicant’s name does not appear on the precinct register and the Registrar has not authorized the applicant to vote by affidavit; or the Registrar or Deputy Registrar asserts that the applicant is not eligible to vote, and the applicant declares himself/herself to be a registered voter and eligible to vote in the election for federal office. [ R.S. 18:566(C) ] Further Explanation: 44 10/03/2012 The commissioner will provide to an applicant who casts a provisional ballot or an early voting provisional ballot written instructions for how the applicant may ascertain whether the provisional vote was counted, and, if the provisional vote was not counted, the reason why the vote was not counted. [ R.S. 18:566(B)(2); R.S. 18:566(D)(2) ] Voters who cast provisional ballots and want to know whether their votes were counted can call the Secretary of State Elections Division at 1-800-883-2805. Voters should wait at least seven days after an election to call and should have their provisional ballot number when they make the call. [ Louisiana Secretary of State, Elections Division website at: http://www.sos.louisiana.gov/tabid/176/Default.aspx ] Provisional voting applies only to elections for federal office (i.e., Presidential Preference Primary, U.S. President, U.S. Senator, and/or U.S. Representative). A provisional voter must certify that he is a registered voter in the parish and eligible to vote in the election for federal offices. [ Informational Pamphlet for Election Day Voting, prepared by Louisiana Secretary of State, available at: http://www.sos.la.gov/Portals/0/elections/pdf/IPElecDayRev1-11.pdf ] Process for Voting Provisionally: If the voter’s name is not in the precinct register: Contact the local Registrar or the Secretary of State at 1-800-883-2805. If the Registrar or Secretary of State determines that the voter’s name was inadvertently omitted from the precinct register, the voter needs to complete a Precinct Register Correction (PRC). Result: Voter is allowed to vote for all eligible offices (federal and state) on the voting machine – VOTER IS NOT A PROVISIONAL VOTER. If the Registrar or Secretary of State confirms that the voter is in the wrong precinct, the voter should be encouraged to go to the correct precinct to vote. If he or she refuses, the voter may be allowed to vote a provisional ballot for federal offices. Result: Voter casts a paper provisional ballot – VOTER IS A PROVISIONAL VOTER. Voter is NOT allowed to vote on the voting machine. If the Registrar or Secretary of State confirms that the voter is NOT eligible to vote, the voter may be allowed to vote a provisional ballot. Result: Voter casts a paper provisional ballot – VOTER IS A PROVISIONAL VOTER. Voter is NOT allowed to vote on the voting machine. If the voter’s name is in the precinct register, but the voter is ineligible to vote for U.S. Senator and/or U.S. Representative because of the closed primary election(s): If the Commissioner asserts that the voter is ineligible to vote in the election for U.S. Representative and/or U.S. Senator because the voter’s registration does not authorize him or her to vote in the closed primary election(s), the voter may cast a paper provisional ballot. Result: VOTER IS A PROVISIONAL VOTER. Voter should be allowed to vote on the voting machine only for eligible state or local race(s)/constitutions/amendments/propositions. 45 10/03/2012 If the voter’s name is in the precinct register, but is challenged: If by majority vote the commissioners determine that the challenge is VALID, voter casts a paper provisional ballot. Result: VOTER IS A PROVISIONAL VOTER and should not be allowed to vote on the voting machine. If by majority vote the commissioners determine that the challenge is NOT VALID, proceed normally. If the voter’s name is in the precinct register and “ADDRESS CONFIRMATION REQUIRED” is in the signature block: If voter: o Completes an Address Confirmation; AND o Voter indicates that he or she has moved to an address outside the parish more than 3 months ago Result: VOTER IS A PROVISIONAL VOTER and voter is NOT allowed to vote on the voting machines. If voter: o Completes an Address Confirmation (ACC); AND o Voter indicates that he or she has either: NOT changed the registration address, moved to a new address within the parish, or moved to an address outside the parish less than three months ago; AND o Voter provides photo identification, or completes a Voter Identification Affidavit (AV34). Result: Voter is allowed to vote for all eligible offices (federal and state) on the voting machine. VOTER IS NOT A PROVISIONAL VOTER. [ R.S. 18:566(B); R.S. 18:566(D); Informational Pamphlet for Election Day Voting, prepared by Louisiana Secretary of State, available at: http://www.sos.la.gov/Portals/0/elections/pdf/IPElecDayRev1-11.pdf ] Return to Top of Document 10. Assistance: What forms of assistance are available to me at my polling place if a disability makes it difficult to vote otherwise? Response: All polling places must be accessible to individuals with disabilities. The doors should be wide enough for a wheelchair. There should be ramps or elevators if there are steps. There must be reserved accessible parking and all walkways must be accessible and free of obstacles. All electronic voting systems in Louisiana are capable of being accessible to individuals with disabilities, including audio ballots for individuals with visual impairments and those unable to read the written word or physically unable to reach the ballot on the voting system. If a voter needs assistance using the audio voting keypad to cast his or her vote, he or she should ask for help. [ For additional accessibility guidelines, see La. Admin. Code tit. 31, pt. I, § 105 ] 46 10/03/2012 Further Explanation: Moving to the Front of the Line: A voter who has a visible physical disability or who presents a current mobility-impaired identification card bearing a photograph of the voter and the international symbol of accessibility issued by the Secretary of the Department of Public Safety and Corrections (as authorized by the provisions of R.S. 47:463.4), and the person who will be assisting him in voting, shall be allowed to go to the front of the line to cast a ballot at the polls. [ R.S. 18:564(E) ] General Accommodations: Before the polls open in the morning on Election Day, poll workers must check the area for objects that might be a mobility hazard, such as electrical cords, clutter in hallways, unsecured mats or rugs, locked doors, or any other barrier that could limit access to a voter with a disability. Poll workers must also ensure the polling place has clearly marked disability signage. Entrances should be marked; ramps should be in place; and there should be at least one wheelchair van accessible parking space for every 25 spaces. If any poll workers see that there are physical barriers at the polling site that they cannot correct, they should contact the Secretary of State’s Office at 1-800-883-2805. [ Informational Pamphlet for Election Day Voting, prepared by Louisiana Secretary of State, available at: http://www.sos.la.gov/Portals/0/elections/pdf/IPElecDayRev1-11.pdf ] Audio Voting Accommodations: The audio ballot is available for any voter and is not limited to only the disabled or those needing assistance. If the voter elects to use an audio ballot, the commissioner shall assist the voter with the headset and instruct the voter and the person selected to assist the voter on the use of the audio ballot. [ Informational Pamphlet for Election Day Voting, prepared by Louisiana Secretary of State, available at: http://www.sos.la.gov/Portals/0/elections/pdf/IPElecDayRev1-11.pdf ] Visual Impairment Accommodations: A voter with a visual impairment has a choice of requesting assistance or using an audio ballot. If the voter chooses the audio ballot, the commissioner is responsible for demonstrating how it works and assisting the voter in casting his ballot, if such assistance is requested. In a permanent plastic pocket on the inside front door of the supply machine are a full page magnifier and a Braille copy of the Guide to Using the Audio Voting Keypad. Some voters with visual problems may just need the full page magnifier to better see the ballot on the voting machine or the Braille booklet to assist them in using the audio unit. Voters should replace these resources at the end of voting. Wheelchair Accommodations: A voter in a wheelchair may request that the voting machine be lowered. The voting unit can accommodate most voters in wheelchairs while in its natural voting position. If needed, a minor adjustment can be made. [ Informational Pamphlet for Election Day Voting, prepared by Louisiana Secretary of State, available at: http://www.sos.la.gov/Portals/0/elections/pdf/IPElecDayRev1-11.pdf ] Language Accommodations: Voters residing in Allen Parish are entitled to receive ballots, instructions, 47 10/03/2012 and other voting materials in certain Native American languages. [ 42 U.S.C. § 1973 et seq.; 67 Fed. Reg. 48,871 (2002) ] Children Permitted in Voting Machine: A preteen child (under 13 years old) may accompany his or her parent or legal guardian into the voting machine. [ R.S. 18:563(B) ] General Assistance: Giving voters general assistance such as demonstrating how voting machines operate, how to open and close curtains, and other general directions on voting procedures is required of election officials. [ Dumas v. Jetson, 462 So.2d 266 (1984) ] A voter may receive assistance if he or she is unable to read, or is unable to vote without assistance because of a physical disability, including being visually impaired. The person or commissioners assisting the voter shall enter the voting machine with the voter and assist him in voting. No other person shall enter the voting machine or assist the voter in voting. No person selected by the voter to assist him or her shall reveal the name of any person for whom the voter has voted, any proposition upon which he or she voted, or anything that took place while the voter was being assisted. A voter entitled to assistance in voting may receive the assistance of any person of his or her choice, including a commissioner. The following persons, however, are prohibited from assisting voters on Election Day: candidates, commissioners-in-charge, voter’s employers or employers’ agents, and voter’s union agents. In addition, staff at state-operated facilities for mentally retarded/developmentally disabled persons may not assist residents in voting while at the Registrar’s office or the polls, and voters in nursing homes may not receive assistance from the owner, operator, or administrator of the nursing home or an employee of any of them. [ R.S. 18:564; R.S. 18:1333; La. Admin Code tit. 48, pt. IX, § 509 ] In order to be able to receive assistance, the voter must file a statement with the Registrar, in person or by mail that includes proof of disability. This may be a certificate of a medical doctor, a copy of a current mobility-impaired identification card bearing a photograph of the voter and the international symbol of accessibility (issued under R.S. 47:463.4), or a copy of current documentation showing eligibility for disability benefits. The Registrar will indicate the need for assistance in the registrant's information on the state voter registration computer system and, if the original application is available in hard copy in the Registrar's office, on the original application for registration. The Registrar shall retain the statement and documentation, if applicable. Thereafter, the voter shall not be required to present evidence of any kind at the polls or during early voting. If the voter did not previously file proof of disability with the Registrar, he or she will still be entitled to assistance on Election Day by presenting proof of disability to the commissioner-in-charge using any of the documents listed above. No doctor’s certificate is needed if the assistance required is because the voter is unable to read. [ Op. Atty. Gen. No. 98-3, Jan. 29, 1998 ] The voter merely has to file a statement with the Registrar and the precinct register will indicate that he or she is entitled to receive assistance. 48 10/03/2012 However, if the precinct register does NOT indicate that a voter is entitled to assistance and the voter requests assistance for the reason that he or she is unable to read, he or she may be offered an audio ballot or may vote with assistance after signing a statement indicating this need. [ R.S. 18:564; Informational Pamphlet for Election Day Voting, prepared by Louisiana Secretary of State, available at: http://www.sos.la.gov/Portals/0/elections/pdf/IPElecDayRev1-11.pdf ] The Disability Program: The Disability Program includes an automatic early voting process for residents in nursing or veterans’ homes who are homebound. Once an eligible resident applies for the program and the application is accepted by the Registrar, the Registrar will notify the voter to go to the nursing or veterans’ home to allow the resident to vote early for each election. The automatic early voting process will stop when the voter is no longer a resident of the nursing or veterans’ home. [ R.S. 18:1333; Louisiana Secretary of State, Elections Division website at: http://www.sos.la.gov/tabid/462/Default.aspx ] If the Polling Place is Not Accessible, the Disabled Voter should: Check for an alternate route. Obtain special authorization from the parish Registrar at least ten days before the election, to cast the ballot at another accessible polling place that is near and has the same ballot. [ R.S. 18:531(B) ] Call his or her parish governing authority and complain. Call the Secretary of State’s Office at 800-883-2805 to complain. A voter may also call one of the following disability advocacy groups: The Advocacy Center 1010 Common St., Ste. 2600 New Orleans, LA 70112 800-960-7705 (ask for Intake) Governor’s Office of Disability Affairs 150 N. 3rd St. Ste. 129 Baton Rouge, LA 70801 P.O. Box 94004 Baton Rouge, LA 70804-9004 225-219-7550 FAX 225-219-7551 [ Voting Rights for Senior Citizens and Individuals with Disabilities, prepared by Louisiana Secretary of State, available at: http://www.sos.la.gov/Portals/0/elections/pdf/SOSVtgRtsforSenCitizandIndwithDisBrochure12-710.pdf ] 49 10/03/2012 Return to Top of Document 11. Equipment Malfunctions: What should I do if malfunctioning voting equipment prevents me from voting? Response: Paper ballots may be used when voting machines fail. [ 2012 La. Sess. Law Serv. Act 138 (H.B. 852) (West) (amending R.S. 18:1352) ] Return to Top of Document STATUTORY CITATIONS Accessibility of Absentee Ballots: La. Rev. Stat. Ann. § 18:1310 provides: B. (1) No candidate in any election shall assist any voter in casting his ballot in that election. (2) Except as otherwise provided in Paragraph (1) of this Subsection, a person otherwise qualified to vote by absentee by mail who is visually impaired or physically disabled or who is unable to read or write may receive assistance in voting absentee by mail from any person selected by him. The failure of a voter to furnish notice and proof during the time that the registration records are closed shall not deprive the voter of his right to receive assistance in voting if he complies with the requirements of the laws governing the conduct of elections with respect to assistance to voters in casting their votes as required by R.S. 18:564 or 1309.3. (3) A person who is eligible for assistance in voting absentee by mail or early voting may, in the same manner, seek assistance in the signing of his name or making of his mark. Any person who assists a voter in signing his name or making his mark shall explain to the voter that a signature or mark so made certifies that all statements in the certificate, if applicable, are true and correct and that any person who knowingly provides false or incorrect statements is subject to a fine or imprisonment, or both. C. Any person who assists a voter in voting absentee by mail or during early voting if paper ballots are utilized in early voting, shall execute the acknowledgment on the ballot envelope flap prepared by the secretary of state, verifying that the person providing the assistance has marked the ballot in the manner dictated by the voter. [ Back to Assistance with an Absentee Ballot ] [ Back to Assistance ] 50 10/03/2012 Return to Top of Document Deadlines for Requesting and Submitting Absentee Ballots: La. Rev. Stat. Ann. § 18:1307 provides: B. (1)(a) An application to vote by mail may be delivered to the registrar by any means, including the United States Postal Service, commercial delivery service, hand delivery, or facsimile. If hand delivered by other than a commercial delivery service or the United States Postal Service, the registrar shall require that the person making such delivery sign the application. No person, except the immediate family of any voter, as defined in this code, shall hand deliver more than one voter's application to vote by mail to the registrar of voters. (b) An application to vote by mail transmitted by facsimile to the registrar of voters shall not be sent on a facsimile machine that is owned, operated, or under the control of a candidate or agent of a party or campaign in the election, unless the application is for the candidate. (c) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, with respect to members of the United States Service and persons residing outside the United States who are registered to vote, an application to vote by mail may be delivered to the registrar by electronic transmission. (2) Except as provided in Subsections C and D of this Section and R.S. 18:1333(D)(2), an application must be received by the registrar not earlier than sixty days or later than 4:30 p.m. on the fourth day prior to the election for which it is requested, and the date received shall be noted thereon. However, if the deadline falls on a Saturday, Sunday, or other legal holiday, then the next day which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day of the deadline. C. If the applicant is a member of the United States Service or resides outside the United States, he may use the federal postcard application or an application electronically transmitted by the registrar or secretary of state, and the application shall be received by the registrar no later than 4:30 p.m. on the day before the election. Such application shall be valid for a period extending from the date the application is received in the office of the registrar of voters through two subsequent regularly scheduled federal general elections. If the registrar rejects the application of an applicant who is a member of the United States Service or resides outside the United States, the registrar shall provide the applicant with written reasons for the rejection. D. If the applicant is eligible to vote absentee by mail pursuant to R.S. 18:1303(D)(1) and submits with his application documentation showing his hospitalization from his physician or the hospital, the 51 10/03/2012 application shall be received by the registrar of voters no later than 4:30 p.m. on the day before the election. La. Rev. Stat. Ann. § 18:1308 provides: C. Except as provided in R.S. 18:1308.1(C) and 1311(D)(1) and (5), all ballots received by the registrar by 4:30 p.m. on the day before election day shall be counted. La. Rev. Stat. Ann. § 18:1308.1(C) provides: C. All ballots of persons serving on a sequestered jury received by the registrar by the time of closing of the polls on the day of the election shall be counted. La. Rev. Stat. Ann. § 18:1311 provides: D. (1)(a) Any absentee ballot submitted by a member of the United States Service or person who resides outside of the United States who has made application to vote absentee by mail timely and which ballot is received by the registrar on election day shall be endorsed with the day and hour of receipt and shall be segregated from and kept separately from any other absentee by mail ballot received on or after election day. (5)(a) Upon receipt of the special ballot for members of the United States Service and persons residing outside of the United States, the registrar shall endorse the day and hour of receipt on said ballots and place those received on the day of the election for which the ballot is cast, in an envelope separate from any other mail ballot. The registrar shall include, on a separate list for this purpose, in alphabetical order and by precinct, the name of each voter submitting such special absentee by mail ballot. [ Back to Deadlines for Obtaining and Submitting an Absentee Ballot ] Return to Top of Document Electronic Transmission of Election Materials: La. Rev. Stat. Ann. § 18:1307 provides: 52 10/03/2012 B. (1)(a) An application to vote by mail may be delivered to the registrar by any means, including the United States Postal Service, commercial delivery service, hand delivery, or facsimile. If hand delivered by other than a commercial delivery service or the United States Postal Service, the registrar shall require that the person making such delivery sign the application. No person, except the immediate family of any voter, as defined in this code, shall hand deliver more than one voter's application to vote by mail to the registrar of voters. (b) An application to vote by mail transmitted by facsimile to the registrar of voters shall not be sent on a facsimile machine that is owned, operated, or under the control of a candidate or agent of a party or campaign in the election, unless the application is for the candidate. (c) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, with respect to members of the United States Service and persons residing outside the United States who are registered to vote, an application to vote by mail may be delivered to the registrar by electronic transmission. [ Back to Military and Overseas Voters ] Return to Top of Document Instructions to Absent Electors: La. Rev. Stat. Ann. § 18:1308 provides: C. Except as provided in R.S. 18:1308.1(C) and 1311(D)(1) and (5), all ballots received by the registrar by 4:30 p.m. on the day before election day shall be counted. La. Rev. Stat. Ann. § 18:1311 provides: D. (1)(a) Any absentee ballot submitted by a member of the United States Service or person who resides outside of the United States who has made application to vote absentee by mail timely and which ballot is received by the registrar on election day shall be endorsed with the day and hour of receipt and shall be segregated from and kept separately from any other absentee by mail ballot received on or after election day. [ Back to Military and Overseas Voters ] Request for Absentee Ballot: 53 10/03/2012 La. Rev. Stat. Ann. § 18:1308 provides: (2)(a) With respect to members of the United States Service and persons residing outside the United States who are registered to vote, these materials shall be mailed as provided by the Uniformed and Overseas Citizens Absentee Voting Act (39 U.S.C. 3406 and 42 U.S.C. 1973ff et seq.) and shall include both the primary election ballot and the special ballot for the general election. The registrar shall mail the materials for candidates for United States senator or United States representative in congressional primary and general elections, candidates for presidential nominee in presidential preference primary elections, and candidates in presidential elections at least forty-five days prior to the election to those voters who have made application to vote absentee by mail by such time. (b) Notwithstanding the provision of Subparagraph (a) of this Paragraph, with respect to members of the United States Service and persons residing outside the United States who are registered to vote, these materials may be electronically transmitted for candidates for United States senator or United States representative in congressional primary and general elections and must include the special ballot or ballots as provided in R.S. 18:1306(A)(4) for the congressional general election. The registrar shall transmit the materials at least forty-five days prior to the election to those voters who have requested electronic transmission by such time. (c) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, with respect to members of the United States Service and persons residing outside the United States who are registered to vote, these materials may be electronically transmitted for candidates for presidential nominee in presidential preference primary elections and candidates in presidential elections. The registrar shall transmit the materials at least forty-five days prior to the election to those voters who have requested electronic transmission by such time. [ Back to Military and Overseas Voters ] Return to Top of Document Absentee Ballots to Overseas Electors: La. Rev. Stat. Ann. § 18:1311 provides: D. (1)(a) Any absentee ballot submitted by a member of the United States Service or person who resides outside of the United States who has made application to vote absentee by mail timely and which ballot is received by the registrar on election day shall be endorsed with the day and hour of 54 10/03/2012 receipt and shall be segregated from and kept separately from any other absentee by mail ballot received on or after election day. [ Back to Military and Overseas Voters ] Return to Top of Document Special Absentee Ballot Instructions For First-Time Voters: La. Rev. Stat. Ann. § 18:115 provides: F. (1) Any registered voter who has registered by mail and has not previously voted in the parish in which he is registered shall vote: (a) During early voting in the office of the registrar of voters, or (b) In person at the precinct in which he is registered to vote. [ Back to First Time Voters and Absentee Ballots ] Return to Top of Document Special Absentee Ballot Instructions For First-Time Voters (Exceptions): La. Rev. Stat. Ann. § 18:115 provides: (2) The provisions of Paragraph (1) of this Subsection shall not apply in the case of the following: (a)(i) A person who is otherwise entitled to vote under the provisions of the Uniformed and Overseas Citizens Absentee Voting Act or the Voting Accessibility for the Elderly and Handicapped Act. (ii) Any person who is otherwise entitled to vote and who prior to January 1, 2010, was approved by a parish board of election supervisors as being eligible to participate in the Special Program for Handicapped Voters as such program existed prior to January 1, 2010. (iii) Any person who is otherwise entitled to vote and who has submitted to the registrar of voters current proof of disability from a physician along with a certification from the physician which indicates that by reason of the person's disability the person is unable to appear in person to vote either during early voting or at the polling place on election day, and if the person submitted the proof of disability to registrar by mail, who included in his submission to the registrar a copy of his Louisiana driver's license, his Louisiana special identification card issued pursuant to R.S. 40:1321, or other generally recognized 55 10/03/2012 picture identification card that contains the name and signature of the person, or a form on which the person has listed the names and addresses of at least two persons residing in his precinct who could make oath, if required, to the effect that the person is physically disabled. (b) A person who is a student at an institution for higher learning located outside of the registrant's parish of residence, when such student submits a copy of his student identification or fee bill showing current enrollment with the application to vote by mail. (c) A person who appears in the office of the parish registrar of voters where he is registered to vote prior to the opening of the period for conducting early voting for the scheduled election and establishes his identity pursuant to the provisions of R.S. 18:105(A). (d) A person who is a program participant in the Louisiana Department of State Address Confidentiality Program pursuant to Part III of Chapter 1 of Title 44 of the Louisiana Revised Statutes of 1950. [ Back to First Time Voters and Absentee Ballots ] Return to Top of Document Request for Absentee Ballot: La. Rev. Stat. Ann. § 18:1307 provides: B. (1)(a) An application to vote by mail may be delivered to the registrar by any means, including the United States Postal Service, commercial delivery service, hand delivery, or facsimile. If hand delivered by other than a commercial delivery service or the United States Postal Service, the registrar shall require that the person making such delivery sign the application. No person, except the immediate family of any voter, as defined in this code, shall hand deliver more than one voter's application to vote by mail to the registrar of voters. (d) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, with respect to applicants who have a valid Louisiana driver’s license or special identification card issued pursuant to R.S. 40:1321 who are registered to vote, an application to vote by mail may be made by completing and submitting an electronic application to vote by mail on the secretary of state’s website. [ Back to Obtaining and Completing an Absentee Ballot ] Return to Top of Document Instructions to Absent Electors: 56 10/03/2012 La. Rev. Stat. Ann. § 18:1310 provides: A. (1) When a voter receives the absentee voting materials by mail, he first shall fill in all blanks on the certificate on the ballot envelope flap. The voter then shall mark the ballot according to the printed instructions on its face. Then the voter shall place the voted ballot in the envelope, seal the envelope, and sign the certificate on the ballot envelope flap. La. Rev. Stat. Ann. § 18:1306 provides: (2)(a) Each ballot shall have printed on its face instructions informing the voter of the types of marks which may be used on that ballot to indicate his vote. Depending on the type of ballot used in an election, one of the following marks may be used by a voter to indicate his vote: (i) A cross [X] mark. (ii) A check [✓] mark. (iii) A mark that is made by filling in the appropriate space or box. (b) The instructions shall inform the voter that a combination of marks may not be used on the same ballot and that the use of more than one type of mark on the same ballot will result in that ballot being voided. (3) A ballot shall be marked by the voter with a pencil containing black lead, and the instructions printed on the face of the ballot shall inform the voter of this requirement. E. (1) An absentee by mail or early voting ballot envelope also shall have a perforated extension or flap below the sealing line, which shall bear a certificate prescribed by the secretary of state and approved by the attorney general. The certificate shall include but not necessarily be limited to: (a) The full name and place of residence of the voter in Louisiana, including state, parish, ward, precinct, city, and street. (b) The statement of the voter certifying that he applied for the ballot, marked the enclosed ballot(s) himself or that they were marked for him according to his instructions and in his presence. (c) The statement of the voter that he is entitled to vote at the precinct he names. (d) Authorization to the parish board of election supervisors to open the envelope and count his ballot. (e) His mother's maiden name. (f) An affidavit followed by a line for the handwritten signature of the voter, certifying that the statements made by him are true and correct and that the voter is aware of the penalties for knowingly making a false statement therein, which penalties shall be stated on the certificate. (g) Spaces for the state and parish or county where it is executed, if executed outside the voter's parish of registration. 57 10/03/2012 [ Back to Obtaining and Completing an Absentee Ballot ] [ Back to Returning an Absentee Ballot ] Return to Top of Document Request for Absentee Ballot: La. Rev. Stat. Ann. § 18:1306 provides: B. (1)(a) An application to vote by mail may be delivered to the registrar by any means, including the United States Postal Service, commercial delivery service, hand delivery, or facsimile. If hand delivered by other than a commercial delivery service or the United States Postal Service, the registrar shall require that the person making such delivery sign the application. No person, except the immediate family of any voter, as defined in this code, shall hand deliver more than one voter's application to vote by mail to the registrar of voters. La. Rev. Stat. Ann. § 18:2 provides: (4) “Immediate family” means the individual's children, the spouses of his children, his brothers and their spouses, his sisters and their spouses, his parents, his spouse, and the parents of his spouse. [ Back to Requesting an Absentee Ballot for Others ] Return to Top of Document Voting In Person; Return of Absentee Ballot: La. Rev. Stat. Ann. § 18:1305 provides: A person who has voted either by absentee by mail ballot or during early voting shall not vote in person at the polls on election day. [ Back to Voting in Person after Requesting an Absentee Ballot ] Return to Top of Document 58 10/03/2012 Voter Registration by Department of Highway Safety and Motor Vehicles: La. Rev. Stat. Ann. § 18:114 provides: A. It is the intention of the legislature to encourage the broadest possible participation in the electoral process by the citizens of this state. Therefore, voter registration services provided for in this Section shall be available at all drivers’ license facilities in this state. B. (1) Each application to obtain, renew, or change the name or address on a driver's license or identification card issued by the Department of Public Safety and Corrections made by an applicant who is eighteen years or older shall also serve as an application for voter registration by the applicant unless the applicant declines to register to vote through specific declination or by failing to sign the voter registration application. In addition, any person age seventeen may register to vote at any time prior to the first election at which he shall have attained the age of eighteen years. However, no one under the age of eighteen years shall be permitted to vote in any election. (2) Any change of address or change of name submitted to the Department of Public Safety and Corrections for the purpose of changing the information contained on a driver's license or identification card issued by the Department of Public Safety and Corrections shall serve as a notification of change of address or change of name for voter registration unless the registrant states at the time of submitting the change of address or change of name that the change is not for voter registration purposes. D. The secretary of state shall design and provide a standard notice informing the public of the eligibility requirements for and availability of voter registration, which notice shall be posted in each driver's license facility of the state. [ Back to Applications for Registration or Changes to Registration Information ] Return to Top of Document Registration Requirements: La. Rev. Stat. Ann. § 18:104 provides: A. The secretary of state, subject to approval by the attorney general as to content, shall prescribe the form that shall be used uniformly by each registrar in the state and any person authorized to accept voter registration applications in registering qualified citizens to vote. The form shall contain spaces for at least the following information with respect to the applicant: (1) Date of application. 59 10/03/2012 (2) Name. (3) Sex and date of birth. (4) Municipality, parish or county, state or province, and country of birth. (5) Whether the applicant is currently under an order of imprisonment for conviction of a felony. (6) Whether the applicant is currently under a judgment of full interdiction for mental incompetence, or a limited interdiction in which the right to register and vote has specifically been suspended. (7) Place of residence, including street or apartment number or both, municipality (if any), and if a rural address, sufficient information, in addition to route and post box number, to identify the precinct of residence, and mailing address. (8) Name of state, parish, ward and precinct number, and the registration number. (9) Place of last residence. (10) The state and parish or county of last registration. (11) Political party affiliation or, if none, an entry to that effect. (12) Information sufficient for clear and precise identification of the applicant as the person he claims to be and subsequently for his identification at the polls. This information may include mother's maiden name, father's middle name, name of spouse, occupation, and employer. (13) Whether or not the applicant requires assistance when he votes, and if so, the reason therefor. If the person is unable to read or write English, the form shall show in which language he is entitled to printed materials and ballots and assistance if his language is one of a minority language group under a determination made under the federal Voting Rights Act.1 (14) Space for changes of address within the parish, changes of name, changes of party affiliation, dates of any of these, and remarks. (15) The application form also shall inform the applicant of the penalty for violation of applicable laws relating to registration of voters and shall contain an affidavit to be subscribed, through a handwritten signature, before the registrar, deputy, or any person authorized to accept voter registration applications attesting that the applicant is a United States citizen and that the facts given by him on this application are true to the best of his knowledge and belief. When the registration application is completed at the office of motor vehicles of the Department of Public Safety and Corrections or electronically on the secretary of state's website, an electronically captured signature of the applicant may suffice as a handwritten signature of the applicant. (16) Louisiana driver's license number or Louisiana special identification card number, if issued, or if no Louisiana driver's license or Louisiana special identification card has been issued, the last four digits of the social security number, if issued. The full social security number of the applicant may be provided on a voluntary basis by the applicant. If the applicant has neither a Louisiana driver's license, a Louisiana 60 10/03/2012 special identification card, nor a social security number, the applicant shall attach one of the following items to his application: (a) A copy of current and valid photo identification. (b) A copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the applicant. (17) Ethnic origin, which shall at least include Hispanic, American Indian, Asian, and other as choices. B. In no event shall information with respect to race or ethnic origin be required for registration. However, such information may be given voluntarily by the applicant for registration and a registrar may keep statistics with respect to race and ethnic origin. [ Back to Applications for Registration ] Return to Top of Document Notice of Change of Residence, Change of Name, or Change of Party Affiliation: La. Rev. Stat. Ann. § 18:196 provides: B. A registrant whose name is on the inactive list of voters may vote: (1) If the registrant has not changed residence, at the polling place of such registrant's last address upon affirming in writing by completing an address confirmation card affirming that such registrant still resides at the address on file at the office of the registrar of voters. (2) If the registrant has moved to an address within the parish in the same precinct, at the polling place of such registrant's last address on file at the office of the registrar of voters upon affirming in writing that such registrant resides in the precinct by completing an address confirmation card affirming the new address within the precinct. (3) If the registrant has moved to an address within the parish in a different precinct, at the polling place of such registrant's last address on file at the office of the registrar of voters for that election only upon affirming in writing that such registrant still resides in the parish by completing an address confirmation card affirming the new address within the parish. C. (1) If a registrant whose name appears on the inactive list of voters has appeared at the polls and voted as provided under Paragraph B(1), (2), or (3) of this Section, the registrar shall transfer the registrant's name to the official list of voters and make any necessary corrections in the registrant's 61 10/03/2012 registration records. If the registrant appeared at the polls and confirmed that he has moved outside of the parish, the registrar shall cancel the registration of such registrant. (2) If a registrant whose name appears on the inactive list of voters has voted absentee by mail or during early voting, the registrar shall transfer the registrant's name to the official list of voters and make any necessary corrections in the registrant's registration records if the information on the address confirmation card, as required by R.S. 18:1309, or the residence address provided in an application to vote by mail so indicates. However, if the registrant has confirmed that he has moved outside of the parish, the registrar shall cancel the registration of such registrant. (3) If a registrant whose name appears on the inactive list of voters has returned an address confirmation card or other signed notice confirming an address change to the registrar of voters that was received after the close of books prior to a primary election and before the close of books for the general election, the registrar shall transfer the registrant's name to the official list of voters prior to the general election and make any necessary corrections in the registrant's registration records. D. If a registrant who has failed to respond to an address confirmation card and whose name appears on the inactive list of voters does not vote in any election from the date he is placed on the inactive list of voters until the day after the second regularly scheduled general election for federal office held after such date, the registrar shall cancel the registration of the registrant. [ Back to Changes to Registration Information ] Return to Top of Document Voter Registration at Qualifying Educational Institutions: La. Rev. Stat. Ann. § 18:133 provides: C. Any bona fide full-time student attending an institution of higher learning in this state may choose as his residence and may register to vote either at the place where he resides while attending the institution or at the place where he resides when not attending such institution, but he shall not have more than one residence at any one time for purposes of registering to vote. Such a student need not have an intent to reside indefinitely at the place where he offers to register. La. Admin. Code tit. 31, pt. II, § 305 provides: A. The following offices are hereby designated as voter registration agencies: 1. all public colleges and universities; 62 10/03/2012 2. all public high schools; 3. all private colleges and universities with their permission; 4. all private high schools with their permission; and 5. all municipalities with their permission. [ Back to College Students ] Return to Top of Document Eligibility: La. Rev. Stat. Ann. § 18:101 provides: A. (1) Every citizen of Louisiana who is at least eighteen years of age or will attain that age on or before the next election, is an actual bona fide resident of this state, and the parish, municipality, if any, and precinct in which he offers to register as a voter, is not disfranchised, and who complies with the provisions of this Chapter shall be eligible to register to vote in local, state and national elections held in this state. (2) Any person age seventeen and who is otherwise qualified to vote may register to vote at any time prior to the first election at which he shall have attained the age of eighteen years. However, no one, under the age of eighteen years shall be permitted to vote in any election. [KQ] [ Back to Eligibility to Register ] Return to Top of Document Ineligibility: La. Rev. Stat. Ann. § 18:102 provides: A. No person shall be permitted to register or vote who is: (1) Under an order of imprisonment, as defined in R.S. 18:2(8), for conviction of a felony; or (2) Interdicted after being judicially declared to be mentally incompetent as a result of a full interdiction proceeding pursuant to Civil Code Article 389. A person subject to a limited interdiction pursuant to 63 10/03/2012 Civil Code Article 390 shall be permitted to register and vote unless the court in that proceeding specifically suspends the interdicted person's right to vote in the judgment of interdiction. If a person was previously subject to full interdiction, which has been changed to a limited interdiction, that person shall be eligible to register and vote unless the judgment of limited interdiction specifically suspends that right. B. Notwithstanding the provisions of Paragraph (A)(1) of this Section or any other provision of law to the contrary, a person who was convicted of a felony prior to the effective date of the 1974 Constitution of Louisiana who has fully satisfied and completed his sentence shall not be ineligible to register to vote, nor shall he be prohibited from voting, based upon that conviction. [ Back to Eligibility to Register ] Return to Top of Document Suspension of Civil Rights: La. Rev. Stat. Ann. § 18:176 provides: A. (1) The registrar shall send a notice to each person listed on a report received pursuant to R.S. 18:171 or 171.1 and to any person the registrar has reason to believe has been convicted of a felony and is under an order of imprisonment. The notice shall be mailed first class, postage prepaid, to the address on file at the registrar's office. (2) The notice shall state that the registrar has information that the registrant has been convicted of a felony and is under an order of imprisonment and shall inform the person that he must appear in person at the office of the registrar of voters within twenty-one days after the date on which the notice was mailed to show cause why his registration should not be suspended. (3)(a) If the registrant appears and shows cause within the twenty-one days, the registrar shall not suspend the registration. (b) If the registrant fails to appear within the required twenty-one days, the registrar shall suspend the registration in the state voter registration computer system and, if necessary, by drawing in red ink a line through the registrant's name on the precinct register and the duplicate precinct register. Such line shall be initialed by the registrar or employee of the registrar. The registrar shall note in the registrant's information on the state voter registration computer system and, if the original application is available in 64 10/03/2012 hard copy in the registrar's office, on the original application for registration that the registrar has been notified of conviction of a felony for which there is an order of imprisonment, and he shall note also the date of the suspension and the date of the report, when applicable. If the original application is available in hard copy in the registrar's office, the registrar shall remove the original application from his file of eligible voters and shall place it in his suspension file. In addition, each person whose registration is suspended under this Subsection shall immediately be notified of the suspension and the reason therefor. [ Back to Restoration of Voting Rights ] Return to Top of Document Initiation of Restoration of Civil Rights: La. Rev. Stat. Ann. § 18:177 provides: A. The registration of a person whose registration has been suspended by the registrar of voters pursuant to R.S. 18:176 for conviction of a felony shall be reinstated when the person appears in the office of the registrar and provides documentation from the appropriate correction official showing that such person is no longer under an order of imprisonment. La. Rev. Stat. Ann. § 18:177.1 provides: The Department of Public Safety and Corrections shall provide each person who completes all orders of imprisonment applicable to him for felony convictions with the following: (1) Information apprising the person of the requirements and procedures for registering to vote and for reinstatement of registration. (2) A state mail voter registration application. [ Back to Restoration of Voting Rights ] Return to Top of Document Domicile: La. Rev. Stat. Ann. § 18:101 provides: 65 10/03/2012 B. For purposes of the laws governing voter registration and voting, “resident” means a citizen who resides in this state and in the parish, municipality, if any, and precinct in which he offers to register and vote, with an intention to reside there indefinitely. If a citizen resides at more than one place in the state with an intention to reside there indefinitely, he may register and vote only at one of the places at which he resides. If a person claims a homestead exemption, pursuant to Article VII, Section 20 of the Constitution of Louisiana, on one of the residences, he shall register and vote in the precinct in which that residence is located, except that a person who resides in a nursing home as defined in R.S. 40:2009.2 or in a veterans' home operated by the state or federal government may register and vote at the address where the nursing home or veterans' home is located. For purposes of voter registration and voting, the residence of a married woman shall be determined in the same manner as is required for any other citizen. A citizen of this state shall not be or remain registered or vote in more than one place of residence at any one time. [ Back to Residency Requirements ] Return to Top of Document Administration of Voter Registration: La. Rev. Stat. Ann. § 18:191 provides: The registration of any person as provided in this Chapter shall remain in effect for so long as the registration is not canceled for a cause and in the manner set forth in this Chapter. [ Back to Removal from Registration List ] Return to Top of Document Timing of Removal from Registration List: La. Rev. Stat. Ann. § 18:191 provides: A. (1)(a) No later than June thirtieth in each parish, the registrar of voters shall annually canvass the names of the registrants in all precincts in the parish. Failure of the registrar to conduct an annual 66 10/03/2012 canvass as provided in this Paragraph shall constitute willful misconduct relating to his official duty for the purposes of R.S. 18:53. The Department of State shall use the United States Postal Service or its licensee to verify the names and addresses of the registrants in all precincts in the state. A verification by the United States Postal Service or its licensee shall constitute a valid canvass of the registered voter. La. Rev. Stat. Ann. § 18:197 provides: No registrar of voters shall cancel the registration of any voter in his parish between any primary election and the subsequent general election occurring in that parish as a result of any of the processes authorized by this part, except in the case of a person who has been fraudulently placed upon the registration records or in the case of a person whose registration is canceled pursuant to the annual canvass conducted by the registrar. [ Back to Removal from Registration List ] Return to Top of Document Procedures for Removal: La. Rev. Stat. Ann. § 18:193 provides: A. When the registrar has reason to believe that a registrant no longer is qualified to be registered, or that a registrant has changed his residence, he shall immediately notify the person by sending the address confirmation card to the registrant and place the voter on the inactive list of voters. However, a person shall not be placed on the inactive list of voters if there is address information available to the registrar from the United States Postal Service or its licensee which indicates the voter has moved to another address within the parish. B. For the purposes of this Section, “address confirmation card” shall mean a postage prepaid and preaddressed return card, sent by forwarded mail. The Department of State shall be responsible for developing the address confirmation card and for informing the registrant about his voting rights under the address confirmation process and the address confirmation card shall be submitted by the Department of State to the House and Governmental Affairs Committee of the House of Representatives and the Senate and Governmental Affairs Committee of the Senate for review. 67 10/03/2012 C. If the registrant responds to the address confirmation card and has not moved or has moved within the parish, the registrar shall remove the person's name from the inactive list of voters if it is on the inactive list and correct the voter's address if necessary. D. If the voter responds to the address confirmation card and has permanently moved outside the parish, the registrar shall cancel the voter's registration. E. A voter on the inactive list of voters who fails to respond to the address confirmation card shall remain on the inactive list of voters until his address is confirmed in accordance with the procedures set forth in R.S. 18:196 or not later than a period of two regularly scheduled federal general elections, at which time the registrar shall cancel the voter's registration. F. A list of names and addresses to whom address confirmation notices are sent and whether or not each person responded to the confirmation notice shall be maintained for a period of two years and shall be open to inspection and copying as provided in R.S. 18:154. Ninety days prior to a regularly scheduled federal primary election, the names and addresses of those persons on the inactive list shall be published for one day in the official journal of the parish governing authority or in a newspaper calculated to provide maximum notice in the parish. G. (1) If the registrar has reason to believe that the name of a person has been illegally or fraudulently placed upon the registration records or that a registrant no longer is qualified to be registered for a reason other than a change of residence or address, or that the registrant has deliberately given an incorrect address, he shall immediately notify the person. The notice shall be mailed first class, postage prepaid, to the address on file at the registrar's office. (2) The notice shall state the alleged irregularity in the registration and shall inform the person that he must appear in person at the office of the registrar of voters within twenty-one days after the date on which the notice was mailed to show cause why his name should not be removed. (3) If the registrant fails to appear within the required twenty-one days, the registrar shall cancel his name from the list of eligible voters. If the registrant appears and shows cause within the twenty-one days, the registrar shall not cancel the registration. (4) Records of such activity shall be maintained in accordance with the provisions provided in Subsection F of this Section. H. If the registrar determines that a voter's registration has been cancelled through error of the registrar, the registrar shall reinstate the voter's registration as though the cancellation had never occurred and shall notify the registrant of the reinstatement. [ Back to Removal from Registration List ] Return to Top of Document 68 10/03/2012 Appeal of Determination of Ineligibility: La. Rev. Stat. Ann. § 18:113 provides: A. Any person who alleges that he possesses the qualifications for voting who is denied registration or reinstatement may apply for relief, without cost, to the district court having jurisdiction of civil causes for the district in which he offers to register or seeks to be reinstated. B. In addition to the rights and remedies established by Subsection A of this Section, a person who violates the provisions of the National Voter Registration Act of 1993 shall be subject to the provisions for enforcement and to the penalties contained in such Act. [ Back to Removal from Registration List ] Return to Top of Document Third Party Voter Registrations: La. Rev. Stat. Ann. § 18:115 provides: (2) Mail voter registration applications returned by a third party must be received by any registrar of voters no later than the registration deadline for a particular election in order for the applicant to be eligible to vote in that election. [ Back to Third Party Registration ] Return to Top of Document Third Party Voter Registrations: La. Rev. Stat. Ann. § 18:1461.3 provides: A. No person shall knowingly, willfully, or intentionally: 69 10/03/2012 (1) Being an election official, permit fraudulent votes to be cast, or knowingly count votes not entitled to be cast. (2) Fail, refuse, or neglect to discharge any duty imposed upon him, either individually or in an official capacity, by any provision of this Title. (3) 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. B. Whoever violates any provision of Subsection A of this Section shall be fined not more than two thousand dollars or be imprisoned, with or without hard labor, for not more than two years, or both. C. No person shall knowingly, willfully, or intentionally: (1) Being a registrar, deputy registrar, commissioner-in-charge or commissioner fail to identify an applicant to vote as required by this Title. (2) Sign another voter's name in the precinct register. (3) Attempt to influence an election official or watcher in the performance of his duties on election day. (4) Disobey any lawful instruction of a registrar, deputy registrar, commissioner-in-charge or commissioner or a law enforcement officer providing assistance to maintain order at a polling place. D. Whoever violates any provision of Subsection C of this Section shall be fined not more than five hundred dollars or be imprisoned in the parish jail for not more than six months, or both. La. Rev. Stat. Ann. § 18:1469 provides: A. Bribery of a candidate is the giving, promising or offering to give, directly or indirectly, a campaign contribution to a candidate, political committee, or other person, or the accepting, soliciting, offering to accept, directly or indirectly, a campaign contribution, by a candidate, political committee or other person, with the intention that the candidate will provide or influence another to provide the contributor or another person a position of public employment, an appointive governmental position, a public contract, or anything of apparent present or prospective value. B. The definitions of terms in Chapter 11 of the Louisiana Election Code shall be applicable to this Section. C. Whoever commits the crime of bribery of a candidate shall be fined not more than one thousand dollars, or imprisoned, with or without hard labor, for not more than five years, or both. [ Back to Third Party Registration ] Return to Top of Document 70 10/03/2012 Identification Requirements: La. Rev. Stat. Ann. § 18:135 provides: A. (1) Registrars shall close the registration records thirty days prior to an election. However, if the deadline falls on a legal holiday, the registrars shall close the registration records on the first day after such holiday which is not a Saturday, Sunday, or other legal holiday. (2)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection, if because of an emergency as declared by the governor or by the parish president the registrar is unable to open at least one office in the parish on the day on which the registration records are to be closed pursuant to Paragraph (1) of this Subsection, the registrar shall not close the registration records on that day. In such case, the registrar shall close the registration records on the first business day thereafter that the registrar opens an office in the parish, and an application for any entry or change in a registration received by the registrar on this day shall be deemed to have been received as of the day the registration records were to be closed pursuant to Paragraph (1) of this Subsection. (b) The registrar shall notify the secretary of state as soon as possible upon determining that the registrar will be unable to open at least one office in the parish on the day on which the registration records are to be closed pursuant to Paragraph (1) of this Subsection. (c) This Paragraph shall not apply if the registrar fails to open an office before the twentieth day prior to the day of the election. In such case, the registration records shall be considered to have been closed as provided in Paragraph (1) of this Subsection. La. Rev. Stat. Ann. § 18:115.1 provides: A. A person who has a valid Louisiana driver's license or Louisiana special identification card issued pursuant to R.S. 40:1321 may apply to register to vote or make changes to his existing registration by completing and submitting an electronic voter registration application on the secretary of state's website. La. Rev. Stat. Ann. § 18:105 provides: A. Except as otherwise provided by the laws governing absentee registration, electronic registration, and mail registration, each applicant shall establish his identity, age, and residency. The registrar or any person authorized to accept voter registration applications shall require the applicant to submit his current Louisiana driver's license, if he has one, or his birth certificate, or other documentation which reasonably and sufficiently establishes the applicant's identity, age, and residency. A birth certificate shall 71 10/03/2012 be used only to establish the applicant's identity and age. For the purposes of this Subsection, a shortform birth certification card shall be acceptable as a birth certificate. If the registrar or any person authorized to accept voter registration applications has good reason to believe that the applicant is not the person he represents himself to be or is not qualified to register as provided in R.S. 18:101, he shall require the applicant to produce two witnesses who reside in his precinct to make oath to establish his identity, age, and residency. La. Rev. Stat. Ann. § 18:104 provides: A. The secretary of state, subject to approval by the attorney general as to content, shall prescribe the form that shall be used uniformly by each registrar in the state and any person authorized to accept voter registration applications in registering qualified citizens to vote. The form shall contain spaces for at least the following information with respect to the applicant: (16) Louisiana driver's license number or Louisiana special identification card number, if issued, or if no Louisiana driver's license or Louisiana special identification card has been issued, the last four digits of the social security number, if issued. The full social security number of the applicant may be provided on a voluntary basis by the applicant. If the applicant has neither a Louisiana driver's license, a Louisiana special identification card, nor a social security number, the applicant shall attach one of the following items to his application: (a) A copy of current and valid photo identification. (b) A copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the applicant. [ Back to Timing of Registration ] Return to Top of Document Accessibility of polling places for people having a disability:. La. Admin. Code tit. 31, pt. I, § 105 provides: A. To be accessible to handicapped and elderly voters a polling place must have at least one circulation route which meets the following criteria. 1. Exterior Circulation Routes. There shall be at least one path of travel that shall have no steps or slope greater than 1:12 from the curb or parking area to an entrance of the polling place building and facilities. This route shall be as direct as site conditions allow. a. Walks and Sidewalks 72 10/03/2012 i. The minimum clear width of walks and sidewalks shall be 3' - 0'. ii. Walks and sidewalks shall be of a continuing common surface, not interrupted by abrupt changes in level. Surfaces shall be firm and stable. iii. Walks with gradients steeper than 1:20 shall be considered as ramps and conform to the requirements of §105.A.4. Ramps on walks shall not be steeper than 1:12. iv. Walks with sustained gradients of no greater than 1:20 shall have level areas of at least 5' - 0' in length at approximately 100' - 0' intervals for the purpose of rest. v. No rigid or hard object shall project into the space above a walk lower than 7' 6' measured from the surface. vi. Wherever walks and sidewalks intersect with other walks and sidewalks, parking lots, driveways, or streets, the surfaces shall blend to a common level to allow smooth passage of wheelchairs. b. Parking i. If parking areas are provided as part of the premises used as a polling place by voters, they shall have parking spaces specifically for the handicapped and an accessible path of travel to the polling place building. If general parking is not provided, every effort shall be made to set aside/reserve a temporary parking area for handicapped persons. If passenger loading zones are provided, they shall be accessible to the handicapped and be close to the aforementioned path of travel. ii. If parking spaces for the handicapped are provided, they shall be marked to indicate that they are reserved for disabled drivers, using the International Symbol for Accessibility and should be of the appropriate dimensions (see Illustration D below) to allow the safe exit and entry of persons with disabilities from their vehicles. Such markings shall be placed on a pole or wall mounted and may be accompanied by markings painted on the surface. 2. Entrances, Doors and Doorways a. At least one entrance (exit) to the polling place building and rooms shall be accessible. The accessible entrance to the polling place should be identified and marked using the International Symbol for Accessibility. b. The floor on the inside and outside of each doorway shall preferably be level, but may slope no more than 1:50. c. Entrances shall have a minimum clear width of 2' - 8'. This dimension shall be measured from the face of the door to the face of the door stop. Where double doors are used, at least one leaf shall allow a 2' - 8” clear opening (see Illustration B below). d. The minimum space between two hinged doors in a series shall be the width of the door swinging into the space plus 4' 0'. Door swings of doors in series shall open in the same direction. Single doors hung in series shall be hinged at the same side. e. At vestibules where doors are at right angles to each other, the dimension between the wall with the in-swinging door and the facing wall shall be 6' - 6' minimum. The minimum dimension in the other direction shall be 5' - 0'. f. If the above specification cannot be satisfied, then one of the two doors shall be securely fastened in an open position during the hours when the polling place is open (see Illustration C below). g. The maximum height of thresholds at exterior and interior doors shall be 1/2‘. Where there are differences in floor level between rooms or spaces, the threshold shall be sloped at no more than 1:20. 73 10/03/2012 h. Doors should be operable without movements requiring a tight grasp, complex hand movements, or the exertion of great force. 3. Interior Circulation Routes a. There shall be an accessible and convenient path of travel from an accessible entrance to the voting area. b. The voting area in the polling place building shall be served from an accessible entrance by at least one path of travel that does not have stairs or escalators. c. The minimum clear width of halls, corridors, passage-ways and aisles shall be 3' - 0'. d. No rigid or hard objects shall project into the space above a path of travel unless the dimension from the bottom edge of the object to the walk surface is at least 7' - 6'. 4. Ramps a. If possible, alternative design solutions to ramps should be provided because of the substantial energy demands required to negotiate them by those in wheelchairs, plus the difficulties encountered by amputees and others with gait problems on ascent and descent ramps shall allow unrestricted traffic flow, and be free of hazards. All ramps constructed or temporarily installed in a polling place building shall meet the requirements of this standard. b. Any part of a circulation path shall be considered a ramp if it has a slope that is greater than 1:20. The following table gives allowable slopes and maximum lengths. Allowable SlopeMaximum Rise in a Single Ramp Maximum Length of a Single Ramp Segment 1:12 2' - 6” 30' - 0” 1:16 2' - 6” 40' - 0” 1:20 2' - 6” 50' - 0” c. All ramps in a rampway shall have identical slopes. Ramps of 1:8 may be used where existing physical constraints prevent the construction of more gradually sloped ramps. d. All ramps with a rise greater than 9” shall have handrails on both sides. Handrails shall be continuous along the ramp segment. e. Ramps shall have a minimum clear width of 3' - 0'. f. Ramps shall level platforms at the bottom and the top of each run, at least 5' - 0” long and be at least as wide as the ramp. Intermediate platforms shall be 5' - 0” minimum between each ramp segment. See above table for the maximum allowable lengths of ramp segments. g. Intermediate turning platforms shall be a minimum of 5' - 0” in length and 7' - 0” wide to allow wheelchair maneuvering through 180 degrees, and at least 5' - 0” long in both directions for turns of 90 degrees. h. If doors open out onto the ramp platform, a level area at least 5' - 0” deep and 5' - 0” wide shall be provided. i. The ramp surface shall be slip resistant. j. No objection shall be hung from above or the sides that projects into a rampway lower than 7' - 6” from the surface of the ramp or landing. Below this height, no object shall project into a rampway other than the handrails. 4. Elevators. If elevators are necessary to access the voting area, the elevators shall be on an accessible route and shall comply with the American National Standard Safety Code for Elevators, Dumb-Waiters, Escalators and Moving Walks, ANSI A117.1 1980. [ Back to Assistance ] Return to Top of Document 74 10/03/2012 Voting Machine Accessibility: Help America Vote Act, 42 U.S.C. § 15481(a)(3) provides: (3) Accessibility for individuals with disabilities.--The voting system shall-(A) be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; (B) satisfy the requirement of subparagraph (A) through the use of at least one direct recording electronic voting system or other voting system equipped for individuals with disabilities at each polling place; and (C) if purchased with funds made available under title II on or after January 1, 2007, meet the voting system standards for disability access (as outlined in this paragraph). [ Back to Assistance ] Return to Top of Document State Compliance with Federal Accessibility Laws: La. Admin. Code tit. 31, pt. I, § 101 provides: A. The purpose [of this Chapter] is to establish minimum guidelines to be used in determining whether facilities used as polling places in all elections are accessible to handicapped and elderly voters pursuant to the federal “Voting Accessibility for the Elderly and Handicapped Act,” Public Law 98-435. La. Admin. Code tit. 31, pt. I, § 107 provides: A. The parish governing authority shall survey every polling place facility to be used throughout the jurisdiction to determine whether such facilities are in compliance with the criteria set forth herein. ... C. If an existing polling place fails to satisfy the criteria set forth herein and cannot be temporarily altered in a reasonable manner to satisfy the criteria, it will be deemed inaccessible and shall not be used unless an exemption is granted by the Committee for Voting Accessibility (hereinafter referred to as C.V.A.). In accordance with the provisions herein C.V.A. reserves the right to conduct on-site inspections of polling places. [ Back to Assistance ] 75 10/03/2012 Return to Top of Document Early Voting: La. Rev. Stat. Ann. § 18:1309 provides: 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. ... 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 gubernatorial 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. 76 10/03/2012 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. ... L. (1)(a) In a parish where early voting is conducted at an additional location pursuant to R.S. 18:1309.2, the registrar may fix the hours and days during which early voting shall be conducted at the additional location during the early voting period if such hours and days of voting are approved by the secretary of state no later than seven days after the close of qualifying for the election. La. Rev. Stat. Ann. § 18:1309.2 provides: A. Notwithstanding any other provision of law to the contrary, the secretary of state may develop and implement a program for the conduct of early voting at additional locations within any parish of the state. B. The secretary of state shall select additional locations for the program based on feasibility, accessibility, and the number of registered voters. [ Back to Early Voting ] Return to Top of Document Opening and Closing of Polls, All Elections; Expenses: La. Rev. Stat. Ann. § 18:541 provides: 77 10/03/2012 In the primary and general elections, the polls shall open at 6:00 a.m. on Election Day and shall close at 8:00 p.m. on Election Day. [NOTE: This will change to 7 a.m. – 8 p.m. starting January 1, 2013. See 2012 La. Sess. Law Serv. Act 577 (H.B. 209) (West) ] La. Rev. Stat. Ann. § 18:542 provides: A person who is in line to vote when the polls close on Election Day shall be allowed to vote. Voting in a primary or general election shall terminate (1) when the polls close, if no one is in line to vote at that time, or (2) when all the persons who were in line to vote at 8:00 p.m. have been allowed to vote. [ Back to Hours Polling Places Are Open ] Return to Top of Document Identification Required at Polls: La. Rev. Stat. Ann. § 18:562(A)(2) provides: Each applicant shall identify himself, in the presence and view of the bystanders, and present to the commissioners 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 applicant. [ Back to Identification Required ] Return to Top of Document Identification Required at Polls (ID without Signature): La. Rev. Stat. Ann. § 18:562(A)(2), as amended by 2012 La. Sess. Law Serv. Act 138 (H.B. 852) (West), provides: If an applicant does not have proper photo identification, the applicant will sign an affidavit, which is supplied by the Secretary of State, to that effect before the Commissioners, which shall include the applicant’s date of birth and mother’s maiden name. If the applicant is unable to read or write or is otherwise unable to complete the affidavit due to disability, the applicant may receive assistance in completing the affidavit and the commissioner shall make a notation on the affidavit. The applicant may receive the assistance from any person of his choice, except a candidate, the commissioner-in-charge, 78 10/03/2012 the applicant’s employer or employer’s agent, or the applicant’s union agent. The commissioner shall place the affidavit in the envelope marked “Registrar of Voters” and attach the envelope to the precinct register. However, an applicant who is allowed to vote without the picture identification required by this Paragraph is subject to challenge as provided in R.S. 18:565. [ Back to Identification Required ] Return to Top of Document Identification Required at Polls (ID without Signature): See above. [ Back to Identification Required ] Return to Top of Document Provisional Ballot Eligibility: La. Rev. Stat. Ann. § 18:566(A) provides: In an election for federal office, when an applicant's name does not appear on the precinct register and the registrar of voters has not authorized the applicant to vote by affidavit, or the commissioners assert that the applicant is not eligible to vote, and the applicant declares himself to be a registered voter and eligible to vote in the election for federal office, the applicant may cast a provisional ballot for candidates for federal office. La. Rev. Stat. Ann. § 18:566.1(A) provides: If the poll hours in an election for federal office are extended as a result of a federal or state court order or any other order extending the time established for closing the polls, an individual who votes during the extension shall vote by provisional ballot for federal offices as set forth in R.S. 18:566(B). [ Back to Changed Name or Address ] Return to Top of Document 79 10/03/2012
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