§ 18:1310 — Execution of certificate; marking of ballot; casting vote; assistance

§1310. Execution of certificate; marking of ballot; casting vote; assistance
A.(1) When a voter receives the absentee voting materials by mail, the voter first
shall fill in all blanks on the provided certificate. 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 ballot envelope, seal the envelope, and sign the certificate.
(2) When absentee by mail voting materials are electronically transmitted to a voter
pursuant to the provisions of this Chapter, the voter first shall mark each ballot according to
the instructions on the ballot, either by marking the ballot electronically and then printing it,
or by printing the ballot first and then marking it by hand. The voter shall then print all
remaining documents and fill in all blanks on the certificate and the waiver of the right to a
secret ballot for each ballot mailing. The voter shall then place the voted ballot or ballots,
completed certificate, and 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 of voters.
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.(1) Any person who assists a voter in voting absentee by mail shall execute the
acknowledgment on the certificate prepared by the secretary of state, verifying that the person
providing the assistance has marked the ballot in the manner dictated by the voter, and the
signature on the acknowledgment by the person providing assistance may serve as the
signature of the witness required by R.S. 18:1306(E)(2)(a). No person except the immediate
family member of the voter, as defined in this Code, or an employee of the registrar of voters
or the election division of the Department of State shall assist with the certificate of more
than one voter.
(2) The registrar or deputy registrar shall follow the procedures contained in R.S.
18:1309.3 when paper ballots are used for early voting.
D.(1) 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 from the registrar of voters in his parish.
(2) Upon receiving the replacement ballot, the voter shall mark the ballot and return
it to the registrar as provided in this Section. The voter shall not return the spoiled ballot to
the registrar, but shall destroy it. If the voter sends both the spoiled ballot and the
replacement ballot to the registrar and the board can determine which is the spoiled ballot
and which is the replacement ballot, the board shall count the replacement ballot. If the
board cannot determine which is the spoiled ballot and which is the replacement ballot, each
of such ballots shall be void.
E. If a voter is notified by the registrar of voters in his parish of a deficiency on his
absentee by mail ballot certificate that must be cured, he may obtain a replacement ballot
from the registrar. The registrar may make the ballot available via hand delivery to the voter
or an immediate family member of the voter.
F. If a voter who is not affiliated with a political party receives an absentee ballot for
the first party primary for a certain major political party in an election for a party primary
office and would like to choose the ballot for the first party primary of a different major
political party before his ballot has been cast and returned to the registrar, he may obtain a
replacement ballot from the registrar.

Legislative History

Acts 1989, No. 179, §1, eff. Jan. 1, 1990; Acts 1993, No. 418, §1, eff. Jan. 1, 1994; Acts 1995, No. 300, §1, eff. June 15, 1995; Acts 2001, No. 1181, §1, eff. Jan. 1, 2002; Acts 2002, 1st Ex. Sess., No. 130, §1, eff. April 23, 2002; Acts 2005, No. 220, §4, eff. Jan. 1, 2006; Acts 2007, No. 240, §§1, 2; Acts 2009, No. 436, §1, eff. Jan. 1, 2010; Acts 2010, No. 624, §1, eff. June 25, 2010; Acts 2011, No. 195, §1, eff. June 24, 2011; Acts 2013, No. 395, §1, eff. June 18, 2013; Acts 2016, No. 281, §2, eff. Jan. 1, 2017; Acts 2016, No. 508, §1, eff. Jan. 1, 2017; Acts 2017, No. 176, §4; Acts 2019, No. 374, §2, eff. Jan. 1, 2020; Acts 2023, No. 91, §1, eff. June 6, 2023; Acts 2024, No. 302, §1; Acts 2025, No. 386, §1, eff. Aug. 1, 2025; §2, eff. See Act.