§ 18:1309 — Early voting; verification

Louisiana § 18:1309

• Jurisdiction: Louisiana
• Title 18: Conservation

Text

§1309. Early voting; verification
A.(1)(a)(i) The period for conducting early voting shall be from fourteen days to
seven days prior to any scheduled election. However, for the presidential election, the period
for conducting early voting shall be from eighteen days to seven days prior to the presidential
election.
(ii) The period for conducting early voting shall also include the day added pursuant
to Subparagraph (b) of this Paragraph, if applicable.
(b)(i) One day of early voting shall be added to the period specified in Item (a)(i) of
this Paragraph if one or more holidays is required to be observed on a weekday during that
period pursuant to Paragraph (4) of this Subsection.
(ii) The additional day shall be the first day preceding the period described in Item
(a)(i) of this Paragraph that is not a Sunday or a holiday required to be observed pursuant to
Paragraph (4) of this Subsection.
(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 each
day of the early voting period shall 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 secretary of state determines that 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 an
accessible and conveniently located public facility within the parish, 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.
(3) A law enforcement officer shall not interfere with the conduct of the election, the
voters, or the election officials. However, a registrar may use law enforcement officers to
maintain order at any location where early voting is conducted.
(4) A registrar shall observe the holidays which are provided by law or proclaimed
by the governor for state departments during any period for conducting early voting.
(5) Notwithstanding any provision of this Section to the contrary, law enforcement
officers may enter the early voting location when there is a reasonable belief there is an
emergency and the registrar is unable to summon the law enforcement officers.
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 or
more branch offices wherein early voting may be conducted. Any such branch office shall
be located in a public building, and the days during which early voting may be conducted
therein shall be fixed by the registrar, with the approval of the secretary of state, at least thirty
days prior to a primary election and twenty-one days prior to a general election, as provided
in Subsection A of this Section, and the registrar shall post at his office adequate notice of
the days on which early voting will be held at each branch office. However, if a branch
office of a registrar is destroyed, inaccessible, or unsafe during or following a gubernatorially
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 voters' bill of rights and informational
posters, if required, the statement of proposed constitutional amendments on the ballot, and
a sample ballot prepared by the secretary of state 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. 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)(a) 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 one of the following:
(i) 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.
(ii) A United States military identification card that contains the voter's name and
picture.
(b) If the voter does not have one of the forms of identification provided in
Subparagraph (a) of this Paragraph, the voter shall complete and sign, in the presence of the
registrar or his deputy, a voter identification affidavit to that effect provided by the secretary
of state, which affidavit shall include the voter's date of birth and mother's maiden name. If
the voter is unable to read or write or is otherwise unable to complete the affidavit due to
disability, the voter may receive assistance in completing the affidavit, and the registrar or
his deputy shall make a notation on the affidavit. The voter may receive the assistance of any
person of his choice, including the registrar or his deputy, except a candidate, the voter's
employer or employer's agent, or the voter's union agent. The registrar or his deputy shall
retain the affidavit in the office of the registrar of voters.
(c) If satisfied that the voter has identified himself as the voter registered in the state
voter registration computer system and that he is qualified to vote, the registrar or his deputy
shall initial the early voting register kept by the registrar opposite the voter's signature or
mark. The voter then shall be allowed to vote.
(d) A voter who votes without the picture identification required by Subparagraph
(a) of this Paragraph is subject to challenge as provided in R.S. 18:1315.
(2) If the voter's name is found in the state voter registration computer system on the
inactive list of voters, the voter shall be required to complete an address confirmation card
to determine his eligibility to vote.
E.(1) The voter's identity having been established as provided in Subsection D of this
Section, the voter shall sign or make his mark prior to voting in the early voting register.
(2) The registrar or deputy registrar shall electronically generate an early voting
confirmation sheet for each voter using the state voter registration computer system or a form
prepared by the secretary of state and retain the confirmation sheet in the office of the
registrar to be used by the registrar to verify each early voter at the end of the early voting
period. If a paper ballot is used for early voting in lieu of a voting machine, the registrar or
deputy registrar shall write "early voting paper ballot voter" across the early voting
confirmation sheet for the voter and attach it to the paper ballot envelope.
(3) The voter then shall be allowed to cast his vote in an area and in a manner that
protects the secrecy of his vote.
(4)(a)(i) A voter shall not remain in a voting machine longer than six minutes. If a
voter fails to leave a voting machine promptly after the registrar or deputy registrar has
notified him that six minutes have elapsed, the registrar or deputy registrar shall have the
voter removed from the voting machine.
(ii) Notwithstanding Item (i) of this Subparagraph, if the ballot is lengthy or if it
contains complex propositions or constitutional amendments, the registrar or deputy registrar
may allocate additional time in an equitable manner.
(b) Notwithstanding Subparagraph (a) of this Paragraph, a voter receiving assistance
in voting pursuant to R.S. 18:1309.3 or a voter using the audio ballot shall be allowed to
remain in a voting machine for up to twenty minutes. If such a voter fails to leave a voting
machine promptly after the registrar or deputy registrar has notified him that twenty minutes
have elapsed, the registrar or deputy registrar shall have the voter removed from the voting
machine.
(5)(a) In order to cast a vote on a voting machine, a voter shall make a selection in
a candidate or proposition election. Voting is completed by activating the cast vote
mechanism. If the voter has made any selection in a candidate or proposition election but
has failed to activate the cast vote mechanism, the registrar or his deputy, observed by a
deputy registrar or, in the absence of a deputy registrar, a witness, shall activate the cast vote
mechanism for the fled voter without altering any selections made by the voter. In the case
of vote activation in the presence of a witness, the registrar or deputy registrar shall record
the name and address of the witness.
(b)(i) In order to cast a vote on a paper ballot, a voter must make a selection for a
candidate or for or against a proposition by completely filling in the oval to the right of a
selection and returning the ballot to the appropriate election official within the applicable
deadline set forth by law. If a voter makes selections for more than the number of candidates
to be elected for an office or makes selections for and against the same proposition, the
selections for that office or proposition will be void.
(ii) If the paper ballot includes a certificate, the voter shall not be required to sign the
certificate. The registrar of voters or deputy registrar shall write "early voting ballot" across
the certificate and include the voter's name, ward, precinct, and registration number and
attach it to the early voting confirmation sheet so that the ballot may be identified for
purposes of a challenge filed pursuant to R.S. 18:1315.
(iii) If a voter determines that his ballot is spoiled because he wants to change or
correct his vote on the ballot before it is cast and counted but is unable to do so, he may
obtain a replacement ballot upon returning the spoiled ballot to the registrar or deputy
registrar. The voter shall cast his vote as provided in Item (i) of this Subparagraph using the
replacement ballot. The registrar or deputy registrar shall write the words "spoiled and
replaced" on the ballot and attach it to the early voting confirmation sheet.
(6) If a person who votes during early voting at the registrar's office casts his vote
on an incorrect ballot as provided to him by the registrar or his deputy and the time for early
voting has not expired, the registrar or his deputy shall write "void, challenge removal" and
the reason for the challenge on the confirmation sheet, retain the confirmation sheet, and
permit the voter to vote the correct ballot using a paper ballot. The confirmation sheet shall
be attached to the paper ballot envelope for review by the parish board of election
supervisors on election day and for use by the secretary of state's office in removing the
voided ballot from the voting machine as a challenged ballot on election day.
F.(1) At the end of each day during early voting, the registrar shall document on the
early voting verification form provided by the secretary of state for each early voting location
each of the following:
(a) The total number for the public counters of all early voting machines for the day.
(b) The total number of early voting confirmation sheets for the day.
(c) The total number of early voters from the state voter registration computer system
for the day.
(d) Any discrepancies or irregularities observed that prevent the total public counter
number from matching the total early voting confirmation sheet number for the day and the
total number of early voters from the state voter registration computer system for the day.
(2) Each day, the registrar shall compare the information in the early voting
confirmation sheets to the information contained in the state voter registration computer
system. If the registrar finds any discrepancies, he shall make a note thereof on the early
voting verification form or on a notice of irregularity form provided by the secretary of state
that he shall attach to the early voting verification form.
(3) At the end of the early voting period, the registrar shall complete the early voting
verification form for each location and sign and certify to its correctness and print an early
voter report from the state voter registration computer system listing all early voters from the
parish. All early voting verification forms, early voting machine public counter logs, early
voting confirmation sheets, early voter reports, and paper ballots voted during early voting
shall be placed in the special, secure absentee by mail and early voting container for delivery
to the parish board of election supervisors on election day for the tabulation and counting of
early voting ballots.
G. By no later than the day before an election, the registrar shall have received from
the branch office and all early voting locations all early voting machine results cartridges,
early voting confirmation sheets, early voting verification forms, early voting machine public
counter logs, paper ballot envelopes, certificates, early voting lists or duplicate precinct
registers, and other election paraphernalia.
H. Prior to delivery of the precinct register to the parish custodian, the registrar shall
ensure that the precinct register reflects for each voter whether the voter voted during early
voting or voted timely absentee by mail using the words "voted absentee" and, if the register
was not used during early voting, "voted early" in the signature line for the voter in the
precinct register.
I. In the event of the inability to utilize voting machines for early voting within a
parish, the registrar may utilize paper ballots for early voting.
J.(1) Upon approval of the secretary of state, a registrar of voters may utilize
commissioners selected and trained by the registrar of voters to assist the registrar during the
early voting period in the conduct of early voting by his office. A registrar of voters shall, in
seeking the approval of the secretary of state, indicate to the secretary the number of
commissioners that is required for such assistance. A commissioner who assists the registrar
in the conduct of early voting shall take an oath of office as a deputy registrar for the early
voting period and shall complete an affidavit prepared by the secretary of state that contains
the name, address, and last four digits of the social security number of the early voting
commissioner and an acknowledgment that the law prohibits the disclosure of confidential
voter information listed in the precinct register or early voting list kept by the registrar. The
affidavit shall be retained in the office of the registrar of voters. A commissioner who assists
the registrar in the conduct of early voting shall be paid one hundred fifty dollars for each day
of such assistance. Commissioners shall also be paid in accordance with R.S. 18:426.1(B),
if applicable.
(2)(a) For an election held within one year following the date of the issuance of a
gubernatorial declaration of an emergency, if a registrar of voters determines that there is a
parishwide shortage of early voting commissioners because a significant number of early
voting commissioners have been temporarily displaced due to such emergency, the registrar
of voters may submit a written request to the secretary of state, on or before the fourteenth
day prior to the start of early voting, for additional early voting commissioners from other
parishes to assist the registrar in the conduct of early voting. A registrar of voters shall, in
seeking the approval of the secretary of state, indicate to the secretary the number of early
voting commissioners that is required for such assistance and an explanation of the need for
additional early voting commissioners.
(b) If the secretary of state determines that there is a need for additional early voting
commissioners and that the allocation of additional commissioners is feasible, the secretary
of state shall approve the request and notify the registrar of voters of the parish affected by
the emergency. The registrar of voters of the affected parish shall select early voting
commissioners to serve in the affected parish based on availability and proximity. The
registrar of voters of the affected parish shall ensure that the selected early voting
commissioners have received adequate training on the voting machines that are used in the
affected parish and on any procedures necessary for the conduct of the election.
(c) A commissioner who assists the registrar of voters in the conduct of early voting
shall take an oath of office as a deputy registrar of voters for the early voting period and shall
complete an affidavit prepared by the secretary of state that contains the name, address, and
last four digits of the social security number of the early voting commissioner and an
acknowledgment that the law prohibits the disclosure of confidential voter information listed
in the precinct register or early voting list kept by the registrar. The affidavit shall be
retained in the office of the registrar of voters. A commissioner who assists the registrar in
the conduct of early voting shall be paid in accordance with R.S. 18:426.1(A)(3) and (B), if
applicable, for each day of such assistance. The selected early voting commissioners, upon
approval by the secretary of state, shall be entitled to appropriate reimbursement for travel
expenses.
K.(1) A person may serve as an early voting commissioner only if he has received
a certificate of instruction as provided in R.S. 18:431(A) and has attended a course of
instruction for early voting commissioners and received a certificate of instruction from the
registrar of voters.
(2) A person to whom one or more of the following applies shall not serve as an early
voting commissioner:
(a) The person is a candidate in the election.
(b) An immediate family member of the person is a candidate for election to public
office in the election.
(c) The person is marked for assistance in voting in the precinct register or requires
the use of the audio ballot in voting.
(d) The person has been convicted of an election offense enumerated in Chapter 10
of this Title.
(e) The person is required to register as a sex offender or child predator pursuant to
R.S. 15:542.
L. During early voting the registrar of voters shall make available to the public at
each location where early voting is conducted copies of the state mail voter registration
application forms.
M.(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 days during which early voting shall be
conducted at the additional location during the early voting period, with the approval of the
secretary of state, at least thirty days prior to a primary election and thirty days prior to a
general election.
(b) The registrar shall ensure that adequate notice is posted at the office of the
registrar informing the public of the hours and days during which early voting will be
conducted at the additional location, and the secretary of state shall post such notice on the
secretary of state's website.
(2) The provisions of Paragraph (1) of this Subsection shall not apply to early voting
for gubernatorial or congressional elections.
N.(1) The parish executive committee of a recognized political party having at least
twenty-five percent of the registered voters in the state registered as being affiliated with the
political party is entitled to have an early voting watcher at each early voting location in the
parish, as space permits, at which a candidate affiliated with the political party is on the
ballot.
(2) A qualified voter of the state who is not a candidate in the election may serve as
an early voting watcher; however, no person who is required to register as a sex offender or
child predator pursuant to R.S. 15:542 may serve as a watcher.
(3) A watcher shall be admitted within the designated early voting location during
the conduct of early voting where a candidate affiliated with the political party is on the
ballot and shall call any infraction of the law to the attention of the registrar of voters or
deputy registrar. An early voting watcher may keep notes on the conduct of early voting, but
the watcher shall not take part in performing the procedures of Subsections D, E, or F of this
Section. An early voting watcher shall not electioneer, engage in political discussions, or
unnecessarily delay a voter at the polling place. An early voting watcher is subject to the
authority of the registrar of voters or deputy registrar and shall not interfere with the registrar
or deputy registrar in the performance of their duties. The parish executive committee of a
political party shall be entitled to have both a watcher and an alternate watcher serve at the
same early voting location, except that the early voting watcher and alternate watcher may
not serve at a single voting location at the same time.
(4) The registrar of voters or deputy registrar shall regulate the number of watchers
inside of the early voting location as provided in R.S. 18:427.
(5) A list of early voting watchers shall be filed with the registrar of voters by hand
delivery, facsimile, mail, or commercial courier before 4:30 p.m. on the fourteenth business
day before the first day of early voting for the party primary, primary, or general election;
however, if the fourteenth business day before the first day of early voting for the party
primary, primary, or general election falls on a Saturday, Sunday, or other legal holiday, the
list shall be filed on the next day which is not a Saturday, Sunday, or other legal holiday. For
purposes of this Paragraph, "commercial courier" shall have the same meaning as provided
in R.S. 13:3204(D).
(6) The chairman of the parish executive committee of the political party shall sign
and be responsible for filing the list of early voting watchers.
(7) A list of early voting watchers submitted for the party primary or primary election
may be used for the second party primary, primary, or general election only if the chairman
of the parish executive committee of the political party notifies the registrar of voters in
writing by 4:30 p.m. on the tenth business day before the start of early voting for the second
party primary, primary, or general election that the chairman wants to use the same list of
early voting watchers.
(8) A list of early voting watchers shall contain only one early voting watcher and
one alternate watcher for each early voting location where the state central committee of the
political party is entitled to have an early voting watcher. The list shall be typed or legibly
written, and it shall contain the name and mailing address of each early voting watcher and
alternate watcher and a designation of the early voting location where each is to serve.
(9) The chairman of the state central committee of a recognized political party may
designate early voting watchers for the parish in accordance with this Subsection in any
parish without a parish executive committee of the recognized political party.

Legislative History

Acts 1976, No. 697, §1, eff. Jan. 1, 1978; Acts 1980, No. 506, §1, eff. Jan. 1, 1981; Acts 1981, No. 106, §1, eff. July 3, 1981; Acts 1982, No. 10, §1, eff. Jan. 1, 1983; Acts 1983, No. 519, §1, eff. July 8, 1983; Acts 1984, No. 672, §1; Acts 1985, No. 755, §1; Acts 1987, No. 831, §1, eff. Jan. 1, 1988; Acts 1989, No. 179, §1, eff. Jan. 1, 1990; Acts 1992, No. 949, §1, eff. Jan. 1, 1993; Acts 1997, No. 1420, §1, eff. Jan. 1, 1998; Acts 1999, No. 254, §1, eff. Jan. 1, 2000; Acts 2001, No. 1181, §1, eff. Jan. 1, 2002; Acts 2002, 1st Ex. Sess., No. 130, §§1, 3, eff. April 23, 2002; Acts 2003, No. 1220, §2, eff. July 3, 2003; Acts 2004, No. 526, §2, eff. June 25, 2004; Acts 2005, No. 220, §1, 4, eff. Jan. 1, 2006; Acts 2005, No. 431, §1, eff. Jan. 1, 2006; Acts 2006, No. 403, §1, eff. June 15, 2006; Acts 2006, No. 569, §1, eff. June 23, 2006; Acts 2007, No. 229, §1; Acts 2007, No. 240, §1; Acts 2008, No. 136, §1, eff. June 6, 2008; Acts 2008, No. 167, §1, eff. June 12, 2008; Acts 2009, No. 369, §1, eff. Aug. 15, 2009, and §2, eff. Jan. 1, 2010; Acts 2009, No. 436, §2, eff. Jan. 1, 2010; Acts 2012, No. 93, §1, eff. May 11, 2012; Acts 2012, No. 138, §1, eff. May 14, 2012; Acts 2013, No. 383, §§1, 5, eff. June 18, 2013; Acts 2013, No. 395, §1, eff. June 18, 2013; Acts 2014, No. 60, §1, eff. May 16, 2014; Acts 2016, No. 83, §1; Acts 2016, No. 281, §2, eff. Jan. 1, 2017; Acts 2019, No. 133, §1, eff. Jan. 1, 2020; Acts 2020, No. 28, §1, eff. June 4, 2020;§3, eff. Jan. 1, 2022; Acts 2020, No. 220, §1, eff. June 11, 2020; Acts 2020, 2 nd Ex. Sess., No. 11, §1, eff. Oct. 27, 2020; Acts 2021, No. 22, §1, eff. Jan. 1, 2022; Acts 2021, No. 365, §1, eff. June 16, 2021; Acts 2021, No. 381, §1, eff. June 17, 2021; Acts 2022, No. 274, §1, eff. June 3, 2022; Acts 2022, No. 423, §1; Acts 2023, No. 91, §1, eff. June 6, 2023; Acts 2023, No. 236, §1; Acts 2024, No. 562, §1, eff. June 10, 2024; Acts 2024, No. 583, §1; Acts 2024, No. 640, §1, eff. See Act; Acts 2025, No. 386, §1, eff. Aug. 1, 2025; §§ 2, 4, eff. See Act.