§ 18:1308 — Absentee voting by mail

Louisiana § 18:1308

• Jurisdiction: Louisiana
• Title 18: Conservation

Text

§1308. Absentee voting by mail
A.(1)(a) Beginning with the date on which the registrar receives the absentee by mail
ballots and other necessary paraphernalia from the secretary of state, and thereafter,
immediately upon receipt of an application by mail, the registrar shall mail the necessary
instructions, certificates, ballots, and envelopes to the applicant at the address furnished by
the applicant.
(b) If the voter feels he will not have time to vote timely by mail, the voter may
request that the registrar transmit to him by facsimile a ballot, or a second ballot, as the case
may be, along with a certificate and waiver of the right to a secret ballot as provided in
Subsection D of this Section, and the registrar shall do so if he has a facsimile machine in
his office. However, the registrar shall not be required to send a second ballot by facsimile
if the voter received a ballot by mail. The voter may mail his voted ballot and completed
certificate and waiver back to the registrar or transmit the documents by facsimile at the
facsimile machine number designated by the registrar. Upon receipt, the registrar shall place
the voted ballot along with the completed certificate and waiver in an appropriately marked
envelope and seal it.
(c)(i) A voter who is eligible to vote absentee by mail pursuant to R.S. 18:1303(D)(1)
and who feels he will not have time to vote timely by mail may request that the registrar
transmit electronically to him a ballot along with a certificate and waiver of the right to a
secret ballot as provided in Subsection D of this Section, and the registrar shall do so.
Alternatively, an immediate family member of the voter may pick up the necessary
instructions, certificate, ballot, and envelope at the registrar's office.
(ii) If the materials are transmitted electronically to the voter, the voter shall mark
the ballot as provided in R.S. 18:1310 and complete the certificate and waiver and return his
voted ballot and completed certificate and waiver to the registrar by facsimile or any means
authorized by Subsection B of this Section.
(iii) If an immediate family member of the voter picks up the voter's materials, the
voter shall mark the ballot as provided in R.S. 18:1310 and return his voted ballot and
completed certificate to the registrar by facsimile or any means authorized by Subsection B
of this Section. If the voter returns the voted ballot and completed certificate by facsimile,
he shall also include his completed waiver, and the registrar and his staff shall take the steps
necessary to keep the voted ballot as confidential as practicable.
(d)(i) Upon request, the registrar shall transmit electronically a ballot, certificate, and
waiver of the right to a secret ballot as provided in Subsection D of this Section to a voter
who is eligible to vote absentee by mail pursuant to R.S. 18:1303(F) or (I) and who is unable
to vote an absentee by mail ballot without assistance because of a disability.
(ii) The voter shall mark the ballot and complete the certificate and waiver as
provided in R.S. 18:1310 and return his voted ballot and completed certificate and waiver
to the registrar by facsimile or any means authorized by Subsection B of this Section.
(2)(a) With respect to members of the United States Service and persons residing
outside of 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
52 U.S.C. 20301 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 of the United
States who are registered to vote, these materials may be electronically transmitted as
follows:
(i) For candidates for United States senator or United States representative in
congressional primary and general elections, the registrar shall 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.
(ii) 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.
(iii) For candidates for state, local, and municipal offices, the registrar shall include
the special ballot or ballots as provided in R.S. 18:1306(A)(4) for the general election.
(iv) Materials may be electronically transmitted for candidates for political party
offices and for recall, proposed constitutional amendments, proposition, and question
elections.
(c) For mailed ballots, the envelope mailed to the voter shall contain ballot
envelopes, an adequate number of certificates required pursuant to R.S. 18:1306, and a return
envelope. The return envelope shall bear the official title and mailing address of the registrar
and the name, return address, and precinct or district number of the voter. The voter shall
return his voted primary election ballot and certificate and special ballot and certificate for
the general election to the registrar in the appropriate envelope. The registrar of voters shall
mail a regular general election absentee ballot to a member of the United States Service or
to persons residing overseas only if the regular general election absentee ballot includes one
or more elections that were not included on the special ballot sent, as provided herein, to the
voter. The envelope for the special ballot shall contain language on the outside of the
envelope that clearly designates which envelope is to be used for return of the general
election ballot.
(d)(i) For electronically transmitted ballots, the registrar shall transmit the ballot or
ballots, certificate, and waiver of the right to a secret ballot as provided in Subsection D of
this Section to the voter for each ballot mailing. The voter shall return by facsimile or any
means authorized by Subsection B of this Section his voted ballot or ballots and completed
certificate and waiver for each ballot mailing.
(ii) The voter may use a separate "Security Envelope" and ballot transmittal envelope
from the Federal Write-in Absentee Ballot to mail the electronically transmitted presidential
preference primary, presidential, congressional primary, or congressional general election
ballot or ballots, certificate, and waiver of the right to a secret ballot to the parish registrar
of voters for each ballot mailing.
(e) Notwithstanding the provisions of Subparagraphs (a) and (b) of this Paragraph,
a voter who is a member of the United States Service or who resides outside of the United
States and who feels he will not have time to vote timely by mail may request that the
registrar transmit to him by facsimile a ballot, or a second ballot, as the case may be, along
with a certificate and waiver of the right to a secret ballot as provided in Subsection D of this
Section, and the registrar shall do so. The voter may then mail his voted ballot and completed
certificate and waiver back to the registrar or transmit the documents by facsimile at the
facsimile machine number designated by the registrar. Upon receipt, the registrar shall place
the voted ballot along with the completed certificate and waiver in an appropriately marked
envelope and seal it.
(f)(i) The secretary of state as the chief election officer of the state shall take all
actions reasonably necessary to allow members of the United States Service and persons
residing outside of the United States to vote according to the Uniformed and Overseas
Citizens Absentee Voting Act or otherwise, whether by mail, facsimile, or other means of
transmission of the ballot, notwithstanding any provision of this Code to the contrary.
(ii) The secretary of state as the chief election officer of the state shall take all actions
reasonably necessary to allow registered voters who are unable to vote during early voting
or at the polling place on election day due to out-of-parish or out-of-state work
responsibilities relating to a declared emergency to vote, whether by mail, facsimile, or other
means of transmission of the ballot.
B.(1) The ballot shall be marked as provided in R.S. 18:1310 and returned to the
registrar by the United States Postal Service, a commercial courier, or hand delivery. If
delivered by other than the voter, a commercial courier, or the United States Postal Service,
the registrar shall require that the person making such delivery sign a statement, prepared by
the secretary of state, certifying that the person has the authorization and consent of the voter
to hand deliver the marked ballot. For purposes of this Subsection, "commercial courier"
shall have the same meaning as provided in R.S. 13:3204(D). No person except the
immediate family of the voter, as defined in this Code, shall submit by any means or send
for delivery by the United States Postal Service or commercial courier more than one marked
ballot per election to the registrar. Upon its receipt, the registrar shall post the name and
precinct of the voter as required by R.S. 18:1311.
(2) If the ballot is hand delivered, the voter or person authorized by the voter
pursuant to Paragraph (1) of this Subsection shall deliver the absentee ballot to the registrar
or to an employee of the registrar at one of the following locations:
(a) The registrar's principal office, as long as the absentee by mail ballot is returned
during the time period set forth in Subsection C of this Section.
(b) The registrar's branch office, as long as the absentee by mail ballot is returned
during the time period set forth in Subsection C of this Section.
(c) An early voting location in the parish in which the voter is registered to vote, as
long as the ballot is returned during the applicable period of time set forth for early voting
in R.S. 18:1309.
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.
D.(1) The waiver of the right to a secret ballot shall contain the following statement:
"My ballot was transmitted by facsimile to me, and I am voluntarily waiving my right to a
secret ballot." The waiver shall also contain spaces for the voter's handwritten signature, the
date, and the last four digits of the voter's social security number.
(2) The registrar and his staff shall take the steps necessary to keep all voted ballots
accompanied by a completed certificate and waiver as confidential as practicable.

Legislative History

Acts 1976, No. 697, §1, eff. Jan. 1, 1978; Acts 1977, No. 513, §1, eff. Jan. 1, 1978; Acts 1980, No. 506, §1, eff. Jan. 1, 1981; Acts 1981, No. 77, §1, eff. June 26, 1981; Acts 1981, No. 475, §1; Acts 1983, No. 519, §1, eff. July 8, 1983; Acts 1986, No. 425, §1; Acts 1987, No. 831, §1, eff. Jan. 1, 1988; Acts 1988, No. 909, §1, eff. Jan. 1, 1989; Acts 1991, No. 201, §1, eff. July 2, 1991; Acts 1992, No. 438, §1, eff. June 20, 1992; Acts 1993, No. 418, §1, eff. Jan. 1, 1994; 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 2005, No. 220, §4, eff. Jan. 1, 2006; Acts 2006, No. 560, §1, eff. Jan. 1, 2007; Acts 2009, No. 369, §1; 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 2012, No. 138, §1, eff. May 14, 2012; Acts 2012, No. 140, §1, eff. May 14, 2012; Acts 2013, No. 241, §1, eff. June 12, 2013; Acts 2013, No. 383, §1, eff. June 18, 2013; Acts 2014, No. 60, §1, eff. May 16, 2014; Acts 2015, No. 307, §1, eff. June 29, 2015; Acts 2016, No. 508, §1, eff. Jan. 1, 2017; Acts 2021, No. 381, §1, eff. June 17, 2021; Acts 2022, No. 274, §1, eff. June 3, 2022; Acts 2022, No. 539, §1, eff. June 17, 2022; Acts 2023, No. 91, §1, eff. June 6, 2023; Acts 2024, No. 380, §1.