§ 18:1306 — Preparation and distribution of absentee by mail and early voting ballots

Louisiana § 18:1306

• Jurisdiction: Louisiana
• Title 18: Conservation

Text

§1306. Preparation and distribution of absentee by mail and early voting ballots
A.(1) The secretary of state shall prepare absentee by mail and early voting ballots.
The size and weight of paper, size and type of print, and other matters pertaining to absentee
by mail and early voting ballots shall be determined by the secretary of state, subject to
approval as to content by the attorney general. All ballots and paraphernalia of the same kind
shall be identical as to size and weight of paper, size, type, and color of print, and other
matters, except for ballots transmitted electronically to members of the United States Service,
as defined in R.S. 18:1302, and to persons residing outside the United States.
(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.
(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 or a pen
containing black or blue ink, and the instructions printed on the face of the ballot shall
inform the voter of this requirement. The instructions printed on the face of the ballot shall
also inform the voter concerning how to change or correct his vote on the ballot before it is
cast and counted, including through the issuance of a replacement ballot if the voter is
otherwise unable to change or correct his vote on the ballot.
(4) The secretary of state shall prepare a special absentee ballot for candidates and
constitutional amendments to be voted on in general elections, subject to approval as to
content by the attorney general. This special ballot shall only be for use by a qualified voter
who is either a member of the United States Service or who resides outside of the United
States. Such special ballot shall contain a list of the titles of all offices being contested at the
primary election and the candidates qualifying for the primary election for each office, and
shall permit the elector to vote in the general election by indicating his order of preference
for each candidate for each office. On the special ballot shall also be printed each
constitutional amendment to be voted on in the general election. To indicate his order of
preference for each candidate for each office to be voted on in the election, the voter shall
put the number one next to the name of the candidate who is the voter's first choice, the
number two for his second choice and so forth so that, in consecutive numerical order, a
number indicating the voter's preference is written by the voter next to each candidate's name
on the ballot. A space shall be provided for the voter to indicate his preference for or against
each constitutional amendment contained on the ballot. The voter shall not be required to
indicate his preference for more than one candidate on the ballot if the voter so chooses. The
secretary of state shall also prepare instructions for use of the special ballot, including
instructions for voting by mail using an electronically transmitted ballot.
B.(1) The secretary of state shall prepare absentee by mail ballot envelopes, absentee
by mail instructions, certificates, and other absentee by mail balloting paraphernalia
consistent with the provisions of this Chapter, subject to approval of the attorney general as
to content. The specifications of the absentee by mail ballot envelopes shall be determined
by the secretary of state. Notwithstanding the provisions of R.S. 18:1316 relating to
distinguishing marks on absentee by mail ballots, absentee by mail voting instructions on
absentee by mail ballots to be transmitted by facsimile in accordance with R.S.
18:1308(A)(1)(b) shall inform the voter of the types of marks which may be used on the
ballot to indicate his vote. When a court of competent jurisdiction, a registrar of voters, the
secretary of state, or other competent authority determines that there exists a literate
linguistic minority equal to more than five percent of the total population of any parish, the
secretary of state, with approval of the attorney general as to content, shall prepare and
furnish absentee by mail and early voting ballots, absentee by mail and early voting
instructions, and certificates in the minority language in sufficient quantity to provide to each
absentee by mail and early voter requesting voting material in that language.
(2) The secretary of state shall include with the election paraphernalia accompanying
absentee by mail ballots instructions, approved by the secretary of state and the attorney
general, generally describing the particular absentee by mail counting equipment utilized in
the election to count absentee by mail ballots. The instructions shall inform the voter how
to cast his vote, which shall include if applicable instructions for marking the absentee by
mail ballot and examples of the correct and incorrect methods of marking the ballot.
(3) The secretary of state shall prepare early voting ballots and include with the
election paraphernalia accompanying early voting ballots instructions approved by the
secretary of state and the attorney general, which generally describe the particular early
voting counting equipment used in the election to count early voting ballots or voting
machines used to cast early voting ballots. The instructions shall inform the voter how to
cast his vote, which shall include if applicable instructions for marking the early voting ballot
and examples of the correct and incorrect methods of marking the ballot.
C.(1) At least twenty days before each primary election and at least thirteen days
before each general election, the secretary of state shall deliver to the registrar in each parish
in which the election is to be held the paper absentee by mail ballots, envelopes, certificates,
instructions to be used in voting an absentee by mail ballot in that election, and a statement,
approved by the attorney general, explaining the scope and nature of any proposed
constitutional amendment. The number of paper absentee by mail ballots and other
necessary paraphernalia to be delivered shall be up to ten percent of the registered voters
within each parish.
(2) At least twenty days before each primary election the secretary of state shall
deliver to the registrar in each parish in which the election is to be held the special absentee
ballot for qualified voters who are either members of the United States Service or persons
residing outside of the United States. The number of special ballots and other necessary
paraphernalia, including instructions for the use of the special ballot, to be so delivered shall
be up to one percent of the registered voters within each parish.
D. An absentee by mail ballot envelope shall have printed on its face in red bold face
type:
E.(1) The secretary of state shall prepare an absentee by mail certificate, the content
of which is subject to approval of 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 ballot
envelope and count his ballot.
(e) His mother's maiden name.
(f) An attestation followed by a line for the handwritten signature or mark 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) Repealed by Acts 2015, No. 307, §3, eff. June 29, 2015.
(h) Repealed by Acts 2005, No. 220, §2, eff. Jan. 1, 2006.
(2)(a) The certificate shall also contain a line for the handwritten signature of one
witness and a line for the printed name of the witness. The voter shall sign the certificate in
the presence of one witness, and his certificate shall be made under penalty of perjury for
providing false or fraudulent information. The voter shall include the completed certificate
when mailing the ballot. No person except the immediate family member of the voter, as
defined in this Code, shall witness more than one certificate of a voter.
(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, a member
of the United States Service or person residing outside of the United States who is registered
to vote shall not be required to sign the certificate in the presence of one witness, but his
certificate shall be made under penalty of perjury for providing false or fraudulent
information.
F. Repealed by Acts 2013, No. 395, §2, eff. June 18, 2013.
G. Repealed by Acts 2007, No. 240, §2.
H. Repealed by Acts 2005, No. 220, §2, eff. Jan. 1, 2006.

Legislative History

Acts 1976, No. 697, §1, eff. Jan. 1, 1978. Amended by Acts 1977, No. 513, §1, eff. Jan. 1, 1978; Acts 1978, No. 292, §1, eff. July 6, 1978; Acts 1980, No. 506, §1, eff. Jan. 1, 1981; Acts 1981, No. 77, §1, eff. June 26, 1981; Acts 1982, No. 10, §1, eff. Jan. 1, 1983; Acts 1982, No. 166, §1, eff. July 14, 1982; Acts 1985, No. 755, §1; Acts 1986, No. 425, §1; Acts 1987, No. 831, §1, eff. Jan. 1, 1988; Acts 1988, No. 909, §1, eff. Jan. 1, 1989; Acts 1989, No. 179, §1, eff. Jan. 1, 1990; Acts 1992, No. 438, §1, eff. June 20, 1992; Acts 1992, No. 949, §1, eff. Jan. 1, 1993; Acts 1995, No. 300, §1, eff. June 15, 1995; Acts 1997, No. 1420, §1, eff. Jan. 1, 1998; Acts 2001, No. 451, §6, eff. Jan. 12, 2004; Acts 2001, No. 1032, §7; Acts 2002, 1st Ex. Sess., No. 130, §1, eff. April 23, 2002; Acts 2003, No. 1220, §2, eff. July 3, 2003; Acts 2005, No. 220, §§1, 2, eff. Jan. 1, 2006; Acts 2006, No. 560, §1, eff. Jan. 1, 2007; Acts 2007, No. 240, §§1, 2; Acts 2008, No. 136, §1, eff. June 6, 2008; Acts 2008, No. 304, §1, eff. Jan. 1, 2009; Acts 2009, No. 369, §1; Acts 2009, No. 436, §1, eff. Jan. 1, 2010; Acts 2010, No. 570, §1, eff. Jan. 1, 2011; Acts 2010, No. 624, §1, eff. June 25, 2010; Acts 2011, No. 195, §1, eff. June 24, 2011; Acts 2013, No. 395, §§1, 2, eff. June 18, 2013; Acts 2015, No. 307, §§1, 3, eff. June 29, 2015; Acts 2016, No. 281, §2, eff. Jan. 1, 2017; Acts 2020, No. 210, §1, eff. June 11, 2020; Acts 2022, No. 274, §1, eff. June 3, 2022; Acts 2023, No. 91, §1, eff. June 6, 2023; Acts 2025, No. 386, §1.