§ 18:1309.3 — Assistance in voting during early voting

Louisiana § 18:1309.3

• Jurisdiction: Louisiana
• Title 18: Conservation

Text

§1309.3. Assistance in voting during early voting
A. Voters entitled to assistance during early voting. 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 in
voting as provided in this Section.
B. Persons prohibited from assisting voters during early voting. (1) No candidate
in any election may assist any voter in casting his ballot in that election.
(2) No employer or employer's agent may assist an employee in voting.
(3) No union agent may assist a union member in voting.
(4)(a) Except as provided in Paragraphs (1) through (3) of this Subsection, a voter
entitled to assistance in voting may receive the assistance of any person of his choice,
including a registrar or deputy registrar.
(b) The voter, along with the person assisting the voter, shall complete a voter
assistance form and provide the name of the person assisting the voter and attest whether the
person, other than a commissioner, providing assistance was paid to assist the voter. If the
voter is not marked for assistance in voting in the statewide voter registration database, the
voter shall attest on the voter assistance form that the voter has a physical disability or is
unable to read and requires assistance in voting.
C. Procedure when voter receives assistance during early voting. The person
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 assisting
the voter shall reveal the name of any person for whom the voter has voted, how he voted on
any proposition upon which he voted, or anything that took place while the voter was being
assisted. When an early voting location is equipped with a voting machine which provides
an audio ballot, the registrar or deputy registrar shall offer the option of voting using the
audio ballot to a visually impaired voter or a voter who is unable to read. If the voter elects
to vote using the audio ballot, the registrar or deputy registrar shall assist the voter with the
headset and instruct the voter or the person selected to assist the voter concerning the use of
the audio ballot.
D.(1)(a) Prior to receiving assistance pursuant to this Section because of a disability,
including visual impairment, the voter shall file with the registrar in person or by mail a
statement setting forth the necessity and reasons for this assistance and shall furnish the
registrar one of the following:
(i) A certificate of a medical doctor, optometrist, physician assistant as defined in
R.S. 37:1360.22, or nurse practitioner as defined in R.S. 37:913 certifying to the irremediable
nature of the physical disability as proof of disability.
(ii) A copy of a current mobility impairment 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.
(iii) 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.
(iv) A completed and signed voter registration application attesting that the voter has
a physical disability and requires assistance in voting.
(v) A completed and signed voter assistance form provided by the secretary of state
wherein the voter attests that he has a physical disability and requires assistance in voting.
(b) If the voter is submitting the information required by this Paragraph by mail, the
voter shall include a copy of his Louisiana driver's license, his 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.
(2) If such statement with such documentation, if applicable, is filed with the
registrar as provided in this Subsection or presented to the registrar or deputy registrar during
early voting, the registrar shall document those facts in the voter's information on the
statewide voter registration system and, as appropriate, on the voter's original application for
registration and on any other official registration records. The registrar shall retain the
statement and documentation, if applicable. Thereafter, the voter shall not be required to
present evidence of any kind during early voting or at the polls.
E. A voter who has a visible physical disability or who presents a current mobility
impairment 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 when early voting.

Legislative History

Acts 2009, No. 436, §1, eff. Jan. 1, 2010; Acts 2010, No. 590, §1, eff. June 25, 2010; Acts 2013, No. 383, §1, eff. June 18, 2013; Acts 2013, No. 395, §1, eff. June 18, 2013; Acts 2014, No. 811, §9, eff. June 23, 2014; Acts 2017, No. 201, §1, eff. Jan. 1, 2018; Acts 2020, No. 28, §1, eff. June 4, 2020; Acts 2024, No. 317, §1, eff. Jan. 1, 2025.