§ 18:1333 — Nursing home early voting program; voting by persons residing in a nursing home

§1333. Nursing home early voting program; voting by persons residing in a nursing home
A. For purposes of this Section, the term "nursing home" shall have the meaning
ascribed to it in R.S. 40:2009.2 and, with respect to a person with a physical disability who
resides in a hospital for an extended period of time by reason of a physical disability that
makes it improbable that he will be able to vote in person at the polls on election day or
during early voting, the term also shall mean a hospital. "Nursing home" for the purpose of
this Section shall also mean a veterans' home operated by the state or federal government.
B. A qualified voter who resides in a nursing home within the parish in which the
voter is entitled to vote may vote early as provided in this Section during the period
extending at least two weeks prior to the beginning day for early voting through the last day
for early voting established by R.S. 18:1309.
C. The following voters shall be eligible to vote pursuant to this Section:
(1) A voter who prior to January 1, 2010, was approved by a parish board of election
supervisors as being eligible to participate in the Special Program for Handicapped Voters
as such program existed prior to January 1, 2010, and who is a resident or has become a
resident of a nursing home.
(2) A voter who is a resident of a nursing home who provides to the registrar of
voters a certification from the voter which indicates that the voter is a resident of the nursing
home.
D.(1) A voter qualified to vote under this Section shall make application in writing
to vote pursuant to this Section to the registrar of voters. An application to vote as provided
in this Section shall be submitted to and received by the registrar of voters at least thirty days
prior to the election. Such application may be submitted by mail, commercial carrier, or
hand delivery. The application shall be submitted over the voter's signature or mark if the
voter is unable to sign his name, signed by the registrar, deputy registrar, or one witness;
provide the name of the voter and the address of the nursing home; and if qualified pursuant
to Paragraph (C)(2) of this Section, provide a certification from the voter which indicates that
the voter is a resident of the nursing home.
(2) An application to vote in the nursing home early voting program that satisfies the
requirements of this Section shall remain valid indefinitely unless the voter submits a written
request to the registrar to be removed from the program, the letter provided for in Subsection
E of this Section is returned to the registrar or voters as undeliverable, or the voter no longer
resides in the nursing home listed in his application. However, if the voter has become a
resident of a different nursing home in the parish and has notified the registrar of voters in
writing of the change of nursing home address, his application shall remain valid.
(3) If the letter provided for in Subsection E of this Section is returned to the registrar
of voters as undeliverable, the registrar shall mail an address confirmation notice to the voter
as provided in R.S. 18:198(A).
E. The registrar shall notify the applicant by letter, at the return nursing home address
shown on the request, the day on which a deputy registrar or other qualified person selected
by the registrar will be present at the nursing home to permit the applicant to cast his ballot.
The registrar shall assign a number to the applicant which shall appear in clearly
distinguishable figures on the letter and on the absentee by mail ballot envelope that will
contain the absentee by mail ballot to be delivered to that applicant on the day designated in
the letter. If the letter is mailed by the registrar prior to his receipt of the absentee by mail
ballots for the election, the registrar shall enter the name of the applicant; his address, ward,
and precinct; and the number assigned to the applicant on a list that the registrar shall keep
for the purpose and, upon receipt of the absentee by mail ballots for the election, the registrar
shall enter the number on the absentee by mail ballot envelope as provided in this
Subsection.
F.(1) On the day within the period fixed by law for nursing home early voting
specified in the letter to the applicant as provided in Subsection E of this Section, the
registrar shall go to each nursing home within the parish wherein reside one or more voters
who are eligible to vote pursuant to this Section and to whom the registrar mailed the letter
provided for in Subsection E of this Section.
(2) The registrar shall have in his possession such materials and supplies as are
needed to permit each of such voters to cast an absentee by mail ballot, including but not
restricted to absentee by mail ballot envelopes, each of which bears the number
corresponding to the number entered on the letter mailed to the applicant as provided by
Subsection E of this Section, instructions, certificates, envelopes, acknowledgment forms
required by Paragraph (G)(4) of this Section, and a portable container equipped with a lock
and an open slot in its top surface of sufficient size to permit a completed ballot envelope to
be deposited in the container. The registrar shall lock the container before he removes it
from his office.
G. The voting by each voter shall be accomplished in the following manner:
(1) The voter shall present to the registrar the letter the voter received from the
registrar that bears the reply number assigned as provided in Subsection E of this Section.
The registrar shall compare the number on the letter with the number on the absentee by mail
ballot envelope in his possession and, if they are identical, the registrar shall hand the
envelope containing the absentee by mail ballot to the voter. However, if the voter is on the
inactive list of voters, the voter shall complete an address confirmation notice prior to
receiving the envelope containing the absentee by mail ballot.
(2) Unless requested by the voter to assist him in voting as provided in Paragraph (4)
of this Subsection, the registrar shall retire from the presence of the voter while the voter
marks his ballot and completes his ballot envelope.
(3) The voter shall mark his ballot as provided in R.S. 18:1310(A). The voter then
shall place the absentee by mail ballot in the absentee by mail ballot envelope, sign the
included certificate, and seal the envelope.
(4)(a) The voter may receive assistance from any person selected by him, except a
person who is prohibited from assisting a voter pursuant to R.S. 18:1309.3 and the owner,
operator, or administrator of the nursing home or an employee of any of them. However, no
person except a spouse, blood relative, or the registrar may assist more than one voter in
voting.
(b) Any person who assists the voter in signing his name or marking his ballot shall
explain to the voter that a signature or mark so made constitutes certification that all
statements in the certificate 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) Any person who assists the voter shall execute an acknowledgment, on a form
which shall be prescribed and furnished to the registrar of voters by the secretary of state and
made available by the registrar of voters through the deputy registrar who appears at the
nursing home, verifying that he has marked the ballot in the manner dictated by the voter.
(5) The voter shall notify the registrar when he has completed his voting, and the
voter shall place the sealed absentee by mail ballot envelope in the locked metal box.
(6)(a) The registrar shall proceed in the above described manner and using the same
procedure for each voter in the nursing home who is qualified to vote in that election.
(b) Upon returning to the registrar's office, the registrar shall unlock the container
containing the absentee by mail ballots, remove them from the container, and otherwise
follow the procedures for the posting of the name of the voter, and other procedures as
required by R.S. 18:1311 and other applicable provisions of the Election Code relating to
absentee by mail and early voting ballots.
(7) Upon receipt of an address confirmation notice, the registrar shall reinstate the
voter to the official list of voters.
H. Notwithstanding the provisions of this Section, the registrar may utilize the same
voting procedures, voting machines, and equipment used for early voting to conduct voting
under this Section.
I. The secretary of state may adopt such rules and regulations as are necessary to
effectuate the provisions of this Section.

Legislative History

Acts 1983, No. 500, §1, eff. Jan. 1, 1984; Acts 1992, No. 949, §1, eff. Jan. 1, 1993; Acts 1994, 3rd Ex. Sess., No. 10, §1, eff. Jan. 1, 1995; Acts 1995, No. 300, §1, eff. June 15, 1995; Acts 1999, No. 254, §1, eff. Jan. 1, 2000; Acts 2001, No. 451, §6, eff. Jan. 12, 2004; Acts 2002, 1st Ex. Sess., No. 130, §1, eff. April 23, 2002; Acts 2005, No. 220, §§1, 4, eff. Jan. 1, 2006; Acts 2006, No. 560, §1, eff. Jan. 1, 2007; Acts 2007, No. 240, §1; Acts 2009, No. 436, §1, eff. Jan. 1, 2010; Acts 2018, No. 546, §1, eff. Jan. 1, 2019; Acts 2018, No. 584, §1, eff. May 28, 2018; Acts 2023, No. 91, §1, eff. June 6, 2023; Acts 2024, No. 302, §1; Acts 2025, No. 386, §1.