This text of Louisiana § 18:425.2 (Election officials; requirements and prohibitions) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§425.2. Election officials; requirements and prohibitions
A. An election official who receives a federal directive or guidance pertaining to
elections that is not published on the secretary of state's website or is offered new federal
funding for the purpose of funding elections and wishes to implement the directive or
guidance or accept the funding shall notify the secretary of state of such funding, directive,
or guidance within five business days after receipt.
B.
(1)Except as provided in Subsection C of this Section, no election official shall
implement any federal directive or guidance pertaining to elections or be authorized to accept
or disburse new federal funding for the purpose of funding elections without either an
explicit state or federal legal requirement to do so or prior ap
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§425.2. Election officials; requirements and prohibitions
A. An election official who receives a federal directive or guidance pertaining to
elections that is not published on the secretary of state's website or is offered new federal
funding for the purpose of funding elections and wishes to implement the directive or
guidance or accept the funding shall notify the secretary of state of such funding, directive,
or guidance within five business days after receipt.
B.(1) Except as provided in Subsection C of this Section, no election official shall
implement any federal directive or guidance pertaining to elections or be authorized to accept
or disburse new federal funding for the purpose of funding elections without either an
explicit state or federal legal requirement to do so or prior approval of the House Committee
on House and Governmental Affairs and the Senate Committee on Senate and Governmental
Affairs as provided by this Subsection.
(2) If the secretary of state wishes to seek approval of such implementation or
authorization by the House Committee on House and Governmental Affairs and the Senate
Committee on Senate and Governmental Affairs, the secretary shall submit such request to
the chairman of each committee within five business days of the receipt of the notification
by the secretary of state pursuant to Subsection A of this Section. Each election official shall
implement or refrain from implementing the directive or guidance or accept or disburse or
refrain from accepting or disbursing new federal funding as follows:
(a) If, after consulting with the secretary of state or his designee, both committees
vote to approve implementation or authorize acceptance and disbursal, the official shall
implement the directive or guidance or accept or disburse the federal funding.
(b) If neither committee votes, within thirty days after receipt of the request from the
secretary of state, to prohibit implementation or acceptance and disbursal, the official shall
implement the directive or guidance or accept or disburse the federal funding.
(c) If, after consulting with the secretary of state or his designee, either committee
votes, within thirty days after receipt of the request from the secretary of state, to prohibit the
implementation or acceptance and disbursal, the official shall not implement the directive
or guidance or accept or disburse the federal funding.
C. Within ninety days of the initial declaration of a state of emergency, the secretary
of state may implement any federal directive or guidance pertaining to elections or authorize
the acceptance or disbursal of new federal funding for the purpose of funding elections
without either an explicit state or federal legal requirement to do so by publishing the
directive or authorization on his website and giving immediate notification of the directive
or authorization to the House Committee on House and Governmental Affairs and the Senate
Committee on Senate and Governmental Affairs. The secretary of state's authorization shall
expire thirty days after publication unless the House Committee on House and Governmental
Affairs and the Senate Committee on Senate and Governmental Affairs approve the directive
or guidance or authorize the acceptance and disbursal of funds as provided in Paragraph
(B)(2) of this Section.
D. If an election official accepts and disburses federal election funds in violation of
this Section, the attorney general shall pursue any available legal means to enjoin the official
from doing so and to recover expended funds.
E. This Section shall not apply to funds provided pursuant to the Help America Vote
Act or any other funding subject to state or federal law regarding its acceptance and
disbursal.
F. Not later than March first of each year, the secretary of state shall report to the
House Committee on House and Governmental Affairs and the Senate Committee on Senate
and Governmental Affairs the following information for the prior calendar year:
(1) Notifications received by the secretary of state from local election officials
pursuant to Subsection A of this Section.
(2) The source and amount of any federal funding, including grant awards, received
within the prior calendar year by the department or local election officials for the purpose of
conducting elections.
G. For purposes of this Section, "election official" has the same meaning as provided
in R.S. 18:1466.