§ 18:564 — Assistance in voting on election day

Louisiana § 18:564

• Jurisdiction: Louisiana
• Title 18: Conservation

Text

§564. Assistance in voting on election day
A. Voters entitled to assistance. A voter shall not receive assistance in voting unless
he is unable to read, or is unable to vote without assistance because of a physical disability,
including being visually impaired. If a voter who is entitled to receive assistance in voting
chooses to vote using the audio ballot instead of receiving assistance, and the audio ballot
equipment fails, the voter shall be entitled to assistance in voting as provided in this Section.
B. Persons prohibited from assisting voters. (1) No candidate in any election shall
assist any voter in casting his ballot in that election.
(2) No commissioner-in-charge can assist a voter.
(3) No employer or employer's agent can assist an employee in voting.
(4) No union agent can assist a union member in voting.
(5)(a) Except as provided in Paragraphs (1) through (4) of this Subsection, a voter
entitled to assistance in voting may receive the assistance of any person of his choice,
including a commissioner.
(b) The voter, along with the person assisting the voter, shall complete a voter
assistance form and provide the name, address, and relationship to the voter of the person,
including a commissioner, assisting the voter and attest whether the person, other than a
commissioner, assisting the voter was paid to provide assistance. If the voter is not marked
for assistance in voting in the precinct register, the voter shall attest on the voter assistance
form that the voter has a physical disability or is unable to read and requires assistance in
voting.
C. Procedure when voter receives assistance. The person or commissioners assisting
the voter shall enter the voting machine with the voter and assist him in voting. No other
person shall enter the voting machine or assist the voter in voting. No person selected by the
voter to assist him shall reveal the name of any person for whom the voter has voted, any
proposition upon which he voted, or anything that took place while the voter was being
assisted. When a precinct is equipped with a voting machine which provides an audio ballot,
the commissioner shall offer the option of voting using the audio ballot to a visually impaired
voter or a voter who is unable to read. If the voter elects to vote using such method, the
commissioner shall assist the visually impaired voter or the voter who is unable to read with
the headset and instruct the voter and the person selected to assist the voter on the use of the
audio ballot.
D.(1)(a) Prior to receiving assistance pursuant to this Section due to a disability,
including visual impairment, the voter shall file with the registrar in person or by mail a
statement setting forth the necessity and reasons for this assistance and shall furnish the
registrar one of the following:
(i) A certificate of a medical doctor, optometrist, physician assistant as defined in
R.S. 37:1360.22, or nurse practitioner as defined in R.S. 37:913 certifying to the irremediable
nature of the physical disability as proof of disability.
(ii) A copy of a current mobility impairment identification card bearing a photograph
of the voter and the international symbol of accessibility issued by the secretary of the
Department of Public Safety and Corrections as authorized by the provisions of R.S.
47:463.4.
(iii) A copy of current documentation showing eligibility for social security disability
benefits, veteran's disability benefits, paratransit services, benefits from the office for citizens
with developmental disabilities, or benefits from Louisiana Rehabilitation Services.
(iv) A completed and signed voter registration application attesting that the voter has
a physical disability and requires assistance in voting.
(v) A completed and signed voter assistance form provided by the secretary of state
wherein the voter attests that he has a physical disability and requires assistance in voting.
(b) If the voter is submitting the information required by this Paragraph by mail, he
shall also submit to the registrar a copy of his Louisiana driver's license, his Louisiana special
identification card issued pursuant to R.S. 40:1321, or other generally recognized picture
identification card that contains the name and signature of the voter.
(c) If such statement with such documentation, if applicable, is filed with the
registrar as provided in this Paragraph or if a statement with such documentation, if
applicable, is presented to the commissioner-in-charge on election day pursuant to Paragraph
(2) of this Subsection, the registrar shall indicate such facts in the registrant's information on
the state voter registration computer system and, if the original application is available in
hard copy in the registrar's office, on the original application for registration. The registrar
shall retain the statement and documentation, if applicable. Thereafter, the voter shall not
be required to present evidence of any kind at the polls or during early voting.
(2)(a) A voter shall also be entitled to assistance without having filed with the
registrar a statement setting forth the necessity and reasons for this assistance if, on election
day, the voter presents to the commissioner-in-charge one of the following as proof of
disability:
(i) A certificate of a physician, optometrist, physician's assistant as defined in R.S.
37:1360.22, or nurse practitioner as defined in R.S. 37:913 indicating the voter's inability to
vote without assistance because of a physical disability.
(ii) A current mobility impairment identification card bearing a photograph of the
voter and the international symbol of accessibility issued by the secretary of the Department
of Public Safety and Corrections as authorized by the provisions of R.S. 47:463.4.
(iii) A copy of current documentation showing eligibility for social security disability
benefits, veteran's disability benefits, paratransit services, benefits from the office for citizens
with developmental disabilities, or benefits from Louisiana Rehabilitation Services.
(iv) A completed and signed voter assistance form provided by the secretary of state
wherein the voter attests that he has a physical disability and requires assistance in voting.
(b) The commissioner-in-charge shall place any certificate, statement setting forth
the necessity and reasons for assistance, copy of proof of disability, or completed and signed
voter assistance form presented by a voter in the envelope marked "Registrar of Voters" and
attach the envelope to the precinct register.
E. A voter who has a visible physical disability or who presents a current mobility
impairment identification card bearing a photograph of the voter and the international symbol
of accessibility issued by the secretary of the Department of Public Safety and Corrections
as authorized by the provisions of R.S. 47:463.4, and the person who will be assisting him
in voting, shall be allowed to go to the front of the line to cast a ballot at the polls.

Legislative History

Acts 1976, No. 697, §1, eff. Jan. 1, 1978; Acts 1979, No. 229, §1, eff. July 13, 1979; Acts 1985, No. 754, §1; Acts 1987, No. 831, §1, eff. Jan. 1, 1988; Acts 1989, No. 179, §1, eff. Jan. 1, 1990; Acts 1991, No. 201, §1, eff. July 2, 1991; Acts 1993, No. 418, §1, eff. Jan. 1, 1994; Acts 1997, No. 752, §1; Acts 2001, No. 1181, §1, eff. Jan. 1, 2002; Acts 2003, No. 1220, §2, eff. July 3, 2003; Acts 2005, No. 220, §4, eff. Jan. 1, 2006; Acts 2006, No. 403, §1, eff. June 15, 2006; Acts 2008, No. 136, §1, eff. June 6, 2008; Acts 2008, No. 602, §1; Acts 2009, No. 186, §2, eff. June 29, 2009; Acts 2009, No. 436, §1, eff. Jan. 1, 2010; Acts 2010, No. 590, §1, eff. June 25, 2010; Acts 2014, No. 811, §9, eff. June 23, 2014; Acts 2017, No. 176, §1, eff. June 14, 2017; Acts 2017, No. 201, §1, eff. Jan. 1, 2018; Acts 2019, No. 374, §1, eff. June 19, 2019; Acts 2020, No. 28, §1, eff. June 4, 2020; Acts 2024, No. 317, §1, eff. Jan. 1, 2025.