§1362.1. Voting System Commission; creation and organization; duties and responsibilities
A.
(1)The Voting System Commission is created and established within the
Department of State for the purpose of evaluating and recommending the type of voting
system that shall be procured to replace the voting system in use as necessary.
(2)The purpose of this commission is to further the preservation of democracy by
strengthening the state's commitment to maintaining the faith, integrity, and trust in election,
voting, and ballot-counting processes, to provide the highest level of election security and
functionality, and to provide greater clarity, public transparency, and objectivity with respect
to the selection of voting equipment.
B. The Voting System Commission shall be comprised of the follow
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§1362.1. Voting System Commission; creation and organization; duties and responsibilities
A.(1) The Voting System Commission is created and established within the
Department of State for the purpose of evaluating and recommending the type of voting
system that shall be procured to replace the voting system in use as necessary.
(2) The purpose of this commission is to further the preservation of democracy by
strengthening the state's commitment to maintaining the faith, integrity, and trust in election,
voting, and ballot-counting processes, to provide the highest level of election security and
functionality, and to provide greater clarity, public transparency, and objectivity with respect
to the selection of voting equipment.
B. The Voting System Commission shall be comprised of the following members:
(1) The commissioner of elections, or his designee.
(2) Two members of the House of Representatives, appointed by the speaker of the
House of Representatives, one of whom shall be a member affiliated with the Republican
Party and one of whom shall be a member affiliated with the Democratic Party.
(3) Two members of the Senate, appointed by the president of the Senate, one of
whom shall be a member affiliated with the Republican Party and one of whom shall be a
member affiliated with the Democratic Party.
(4) Two Louisiana registered voters appointed by the governor, one of whom shall
represent the disabled community.
(5) The secretary of state, or his designee.
(6) Two Louisiana registered voters appointed by the attorney general.
(7) The executive director of the Cyber Innovation Center, or his designee.
(8) The president of the Louisiana Clerks of Court Association, or his designee.
(9) The president of the Louisiana Registrars of Voters Association, or his designee.
C. The chair of the commission shall be elected by a majority vote of the members
and shall set the date, time, and place for all meetings. The secretary of state shall convene
the initial meeting of the commission not later than September 1, 2021, and shall serve as the
initial chair until a chairman is elected.
D. A majority of the members serving on the commission shall constitute a quorum
to conduct official business. All actions of the commission shall require a majority vote of
the quorum. A majority of the meetings of the commission shall be held at the state capitol,
and all meetings held at the state capitol shall be streamed live on the internet.
E. Members of the commission shall serve terms concurrent with the governor.
Members shall serve without compensation; however, legislative members of the
commission shall receive the per diem and expenses as provided for legislators during
attendance at legislative committees and from the same source.
F. The Department of State and office of state procurement shall provide
administrative staff and resources to the commission upon request.
G. The commission may request from the secretary of state or any other source any
information it considers necessary to assist in making a recommendation regarding voting
systems.
H. The commission shall consider only a voting system that utilizes a voter-verified
paper record to replace the state's inventory of direct recording equipment. For the
replacement of subsequent voting systems, the commission shall conduct a preliminary
analysis of available voting systems and select up to three options for discussion during each
public hearing held for the evaluation of which voting systems are most advantageous to the
state based on functionality.
I.(1) After complying with the provisions of Subsection H of this Section, the
commission shall determine the type of voting system to recommend to the secretary of state
to submit for procurement in accordance with the provisions of the Louisiana Procurement
Code.
(2) The recommendation of the Voting System Commission pursuant to this
Subsection shall not be a valid basis for a protest pursuant to Part VI of the Louisiana
Procurement Code relative to a procurement of voting systems. Any protest asserting that the
recommendation of the Voting System Commission was erroneous shall be null and
disregarded.
J. The commission shall submit a report of its findings and conclusions to the
governor, the president of the Senate, the speaker of the House of Representatives, the Senate
Committee on Senate and Governmental Affairs, the House Committee on House and
Governmental Affairs, the secretary of state, and the division of administration no later than
January 31, 2022, and annually thereafter.
K. Upon receipt of the report, the secretary of state, working in conjunction with the
office of state procurement, shall develop the best method of procurement taking into
consideration the commission's recommendations. No later than thirty days prior to the
issuance of the request for proposals or the issuance of an invitation to negotiate, the
secretary shall promulgate certification standards for the type of voting system to be procured
in accordance with the provisions of R.S. 18:1353.
L. Notwithstanding any provision of law to the contrary, the secretary of state shall
award no contract for voting systems unless the awarded proposer has provided a sworn
affidavit stating that the proposer is not subject to significant ownership or control by a
foreign power, and that the proposer is aware that a false statement will be subject to the
provisions of R.S. 39:1678 and 1679. For purposes of this Subsection, "significant ownership
or control by a foreign power" means ownership, equity, or control which equals or exceeds
twenty-five percent of the total outstanding ownership, equity, or control of the proposer, and
which is exercised directly or indirectly by, or for the express benefit of, the government of
a foreign nation, state, or principality, or any instrumentality or subsidiary thereof. The sworn
affidavit required pursuant to this Subsection, and all related information, shall be a public
record.