§ 18:431 — Commissioners; courses of instruction; certificates; reports; list of certified persons

§431. Commissioners; courses of instruction; certificates; reports; list of certified persons
furnished by parish board of election supervisors
A.(1)(a) At least annually the clerk of court shall conduct a general course of
instruction for commissioners. Each such course of instruction shall be open to the public,
and the clerk shall publicize each course in a manner reasonably calculated to encourage
maximum attendance and participation. For informational purposes, the registrar may assist
the clerk of court in conducting the course.
(b) The clerk shall provide the following in accordance with minimum standards
issued by the secretary of state to the persons who attend the course of instruction:
(i) A copy of the informational pamphlet provided by the secretary of state.
(ii) Instruction on the use of voting machines and the duties of commissioners in
conducting primary and general elections.
(iii) Instruction on a commissioner's duty to offer any voter who does not have
picture identification an affidavit to sign to that effect as provided in R.S. 18:562.
(iv) Instruction on a commissioner's duty to comply with the provisions of state and
federal law pertaining to the rights of voters with disabilities, including the Americans with
Disabilities Act of 1990, 42 U.S.C. 12101 et seq., as amended.
(c) The clerk shall issue a certificate of instruction to each person who attends the
course of instruction for commissioners and achieves a satisfactory score on the test issued
by the secretary of state for that course of instruction. The clerk is prohibited from issuing
a certificate to any person who has not attended the course of instruction for commissioners
and achieved a satisfactory score on the test for that course of instruction.
(2)(a) A certificate issued under the provisions of this Subsection to any person who
attends and satisfactorily completes a course of instruction shall be valid through December
thirty-first of the year of expiration of the term of office of the clerk who conducted the
school.
(b) The certificate shall indicate that the commissioner shall notify the clerk of any
change in party affiliation and that failure to do so shall result in the commissioner being
unable to serve as a commissioner.
(c) After receiving notification of change in party affiliation from the commissioner,
the clerk shall notify the parish board of election supervisors of such change.
(3)(a) After each course of instruction for commissioners is completed, the clerk of
court shall promptly file a report with the parish board of election supervisors stating the time
and place the course of instruction was held, the number of persons who attended the course,
the manner in which the course was publicized, and the name, social security number, party
affiliation, if any, and mailing address of each person who attended the course to whom a
certificate of instruction was issued. The clerk of court shall also provide a report to the
secretary of state in the manner required by the secretary of state.
(b) The parish board of election supervisors shall retain and preserve the reports for
the unexpired term of office of the clerk who conducted the course of instruction.
(4) From the reports received from the clerk, the parish board of election supervisors
shall prepare a list containing the names, addresses, and party affiliations of all persons
registered to vote in each ward to whom certificates of instruction have been issued during
the term of office of the clerk of court who issued the certificate.
(5) Repealed by Acts 2017, No. 176, §5, eff. June 14, 2017.
B.(1) The clerk of court shall conduct a course of instruction for commissioners-in-charge, commissioners, and alternate commissioners who are selected to serve in each
election. The course shall be held after the selection of these officials but not less than four
days prior to each election. The course shall primarily cover the procedures to be used in the
election for which the officials were selected. The clerk of court shall instruct the
commissioners-in-charge, commissioners, and alternate commissioners that it is their duty
to offer any voter who does not have picture identification as provided in R.S. 18:562(A) an
affidavit to sign to that effect.
(2) The clerk of court shall issue a certificate of instruction to each person who
attends and satisfactorily completes the course of instruction provided for in this Subsection
or maintain a list of such persons in the state voter registration computer system.
(3) After the completion of a course of instruction required by this Subsection, the
clerk of court shall promptly file a report with the parish board of election supervisors stating
the name of each person to whom a certificate was issued, the kind of certificate, the social
security number, the party affiliation, and the mailing address of each such person. The clerk
of court shall also provide a report to the secretary of state in the manner required by the
secretary of state.
(4) The parish board of election supervisors shall furnish to each commissioner-in-charge a list of the names, addresses, and party affiliations of all persons registered to vote
in the ward who have received certificates of instruction for the course of instruction required
by this Subsection.
(5)(a) The clerk of court shall not be required to conduct the pre-election course of
instruction provided for in this Subsection if at least fourteen days prior to the election, the
clerk of court mails a notice to each commissioner-in-charge, commissioner, and alternate
commissioner who has been chosen for the election informing them that the course of
instruction will not be conducted for the election. In such case, for purposes of compensation
and replacement, the commissioners from that parish shall be treated as though they had
attended the pre-election course of instruction.
(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, the clerk
of court shall conduct at least one pre-election course of instruction provided for in this
Subsection prior to a presidential or congressional general election.
C. When a proposed constitutional amendment is to be included on an election
ballot, prior to each course of instruction for commissioners and commissioners-in-charge
for such election, the secretary of state shall furnish each clerk of court with a statement,
which has been approved by the attorney general, explaining the scope and nature of such
proposed amendment in simple, unbiased, concise, and easily understood language. Upon
approval, such statement shall be posted on the website of the secretary of state at least until
the election returns have been promulgated.

Legislative History

Acts 1989, No. 179, §1, eff. Jan. 1, 1990; Acts 1990, No. 107, §1, eff. Jan. 1, 1991; Acts 1991, No. 277, §1; Acts 1992, No. 949, §1, eff. Jan. 1, 1993; Acts 1993, No. 418, §1, eff. Jan. 1, 1994; Acts 1995, No. 300, §1, eff. June 15, 1995; Acts 1997, No. 1420, §1, eff. Jan. 1, 1998; Acts 1999, No. 254, §1, eff. Jan. 1, 2000; Acts 2001, No. 451, §6, eff. Jan. 12, 2004; Acts 2004, No. 526, §1, eff. Jan. 1, 2005; Acts 2004, No. 627, §1, eff. Jan. 1, 2005; Acts 2006, No. 560, §1, eff. Jan. 1, 2007; Acts 2009, No. 369, §1; Acts 2012, No. 138, §1, eff. May 14, 2012; Acts 2013, No. 383, §1, eff. June 18, 2013; Acts 2017, No. 176, §§1, 5, eff. June 14, 2017; Acts 2023, No. 277, §1, eff. June 9, 2023.