reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:495. Initiation of action by district attorney; attorney general; court costs and attorney fees

RS 18:495 - Initiation of action by district attorney; attorney general; court costs and attorney fees
A. If after investigation the district attorney has reason to believe that a convicted felon who is prohibited from qualifying for office pursuant to R.S. 18:451 has filed a notice of candidacy, the district attorney shall immediately bring an action objecting to the candidacy of such person. However, if the district attorney has a conflict or is otherwise unable to bring the action objecting to the candidacy of such person, he shall request the attorney general to bring such action.
B. The district attorney shall have standing to bring such an action pursuant to this Subpart. In addition, if requested in accordance with Subsection A of this Section, the attorney general shall have standing to bring such an action pursuant to this Subpart. The time limitation to commence an action objecting to candidacy prescribed by R.S. 18:493 shall apply to such actions brought by the district attorney or the attorney general.
C. Such an action shall not impede or impair the ability of the district attorney or any other law enforcement official from pursuing any violation of R.S. 18:1461 or any other applicable provision of law.
D. The provisions of this Section shall not be interpreted in any manner to limit or impede the ability of a registered voter to bring an action objecting to candidacy pursuant to the provisions of this Part.
E. The court shall assess all court costs, including any applicable attorney fees, incurred in the institution of the action required by this Section against the subject of the action if such person qualified for office in violation of R.S. 18:451.
Acts 2003, No. 529, §1, eff. June 27, 2003; Acts 2006, No. 593, §1, eff. Aug. 1, 2006; Acts 2018, No. 584, §3, eff. Jan. 1, 2019.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:502. Effect of withdrawal

RS 18:502 - Effect of withdrawal
A notice of withdrawal shall be effective when it is filed with the secretary of state if the notice satisfies the requirements of R.S. 18:501 or was filed pursuant to a court order as provided in R.S. 18:494(B), and the candidate who filed the notice no longer shall be qualified as a candidate in the election from which he withdrew. If the election ballot was printed with a withdrawn candidate's name on it, any votes received by the withdrawn candidate shall be null and void and shall not be counted for any purpose whatsoever.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978. Amended by Acts 1981, No. 77, §1, eff. June 26, 1981; Acts 2015, No. 410, §1, eff. Jan. 1, 2016.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:503. Notice of withdrawal and disqualification

RS 18:503 - Notice of withdrawal and disqualification
A.(1) If the early voting election ballot was prepared with a withdrawn candidate's name on it, the registrar of voters of any parish where such ballot will be used shall, to the extent possible and upon direction of the secretary of state, cause notice to be posted of the withdrawal of such candidate at any location for early voting where the candidate's name appears on the ballot. Failure to post such notice of withdrawal shall not void the election.
(2) If the early voting election ballot was prepared with the name of a candidate who has been disqualified by final judgment of a court prior to the close of early voting for the election, the registrar of voters of any parish where such ballot will be used shall, to the extent possible and upon direction of the secretary of state, cause notice to be posted of the disqualification of the candidate at any location for early voting where the candidate's name appears on the ballot. Failure to post such notice of disqualification shall not void the election.
B.(1) If the election ballot was printed with a withdrawn candidate's name on it, the clerk of court of any parish where such ballot will be used shall, to the extent possible and upon direction of the secretary of state, cause notice to be posted of the withdrawal of such candidate at any polling place where the candidate's name appears on the ballot. Such notice shall be posted or placed adjacent to the precinct register so that it is clearly visible. The notice shall be capitalized and in bold typed print of not less than fourteen-point font. Failure to post such notice of withdrawal shall not void the election.
(2) If the election ballot was printed with the name of a candidate who has been disqualified by a final judgment of a court, the clerk of court of any parish where such ballot will be used shall, to the extent possible and upon direction of the secretary of state, cause notice to be posted of the disqualification of such candidate at any polling place where the candidate's name appears on the ballot. Such notice shall be posted or placed adjacent to the precinct register so that it is clearly visible. The notice shall be capitalized and in bold typed print of not less than fourteen-point font. Failure to post such notice of disqualification shall not void the election.
Acts 2005, No. 431, §1, eff. Jan. 1, 2006; Acts 2008, No. 136, §1, eff. June 6, 2008; Acts 2008, No. 764, §1, eff. July 1, 2008; Acts 2015, No. 410, §1, eff. Jan. 1, 2016; Acts 2020, No. 35, §1.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:503.1. Notice of cancellation of proposition

RS 18:503.1 - Notice of cancellation of proposition
A. If the early voting election ballot was prepared with a proposition that has been canceled, the registrar of voters of any parish where such ballot will be used shall, to the extent possible and upon direction of the secretary of state, cause notice to be posted of the cancellation of the proposition at any location for early voting where the proposition appears on the ballot.
B. If the election ballot was printed with a proposition that has been canceled, the clerk of court of any parish where such ballot will be used shall, to the extent possible and upon direction of the secretary of state, cause notice to be posted of the cancellation of the proposition at any polling place where the proposition appears on the ballot. Such notice shall be posted or placed adjacent to the precinct register so that it is clearly visible. The notice shall be capitalized and in bold typed print of not less than fourteen-point font.
Acts 2020, No. 35, §1.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:512. Election of candidates in a general election

RS 18:512 - Election of candidates in a general election
A. Generally. The candidate who receives the most votes cast for an office in a general election is elected. If there are two or more offices of the same character to be filled, those candidates receiving the highest total number of votes shall be elected, to the number required to fill all of the offices.
B. Election of unopposed candidates. If, as a result of the death or withdrawal of one or more candidates, the number of candidates for an office in a general election does not exceed the number of persons to be elected to the office, the remaining candidates are declared elected by the people, and their names shall not appear on the ballot in the general election.
C. Effect of a tie vote. If, as a result of a tie vote in a general election, the number of candidates who would be elected to an office exceeds the number of persons to be elected to the office, the candidates who received the same number of votes for that office in the general election are not elected. The election for officers thus not elected shall be returned to the people on the third Saturday after the date on which the results in the election at which the tie vote occurred were promulgated.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978. Amended by Acts 1977, No. 523, §1, eff. Jan. 1, 1978; Acts 1982, No. 10, §1, eff. Jan. 1, 1983; Acts 2005, No. 282, §1, eff. Jan. 1, 2006; Acts 2006, No. 560, §2, eff. Jan. 1, 2007; Acts 2010, No. 570, §1, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:522. Number of candidates for whom a voter may vote

RS 18:522 - Number of candidates for whom a voter may vote
A. A voter in a primary or a general election must cast at least one vote on the ballot before leaving the voting machine.
B. A voter in a primary or general election may vote for as many of the candidates for an office as there are persons to be elected to the office, or he may vote for fewer.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978. Amended by Acts 1977, No. 523, §1, eff. Jan. 1, 1978.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:523. Americans with Disabilities Act compliance officer

RS 18:523 - Americans with Disabilities Act compliance officer
A. The secretary of state shall appoint an Americans with Disabilities Act compliance officer to serve at the pleasure of the secretary. The secretary shall fix the salary of the compliance officer.
B. The responsibilities and duties of the officer shall include:
(1) To serve as a primary point of contact for election day accessibility issues.
(2) To conduct and issue a biannual accessibility audit; to issue a report of his findings to the secretary, the commissioner of elections, and the Voting Accessibility Advisory Group; and to make the report available on the department website.
(3) To facilitate meetings of the Voting Accessibility Advisory Group.
(4) To perform any additional responsibilities and duties assigned by the secretary.
Acts 2023, No. 277, §1, eff. June 9, 2023.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:524. Voting Accessibility Advisory Group

RS 18:524 - Voting Accessibility Advisory Group
A. The Voting Accessibility Advisory Group is created and established in the Department of State. The group shall be comprised of at least seven members selected by the secretary of state, a majority of which shall be disabled and represent a diversity of accessibility needs.
B. The group shall consult on voting accessibility issues including but not limited to:
(1) Improving election commissioner training, specifically related to compliance with the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq., as amended, and assisting voters with disabilities.
(2) Improving accessibility in voting systems.
(3) Creating publications of best practices related to accessible voting for local election officials.
(4) Revising and improving the department's publications and postings at voting locations.
(5) Increasing accessibility of information on the department's website.
Acts 2023, No. 277, §1, eff. June 9, 2023.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:531. Places for voting in primary and general elections

RS 18:531 - Places for voting in primary and general elections
A. Except as otherwise provided by law, a voter in a primary or general election shall vote at the polling place in the precinct where he is registered to vote.
B. Notwithstanding the provisions of any law to the contrary, whenever the polling place to which a voter is assigned is inaccessible to him by reason of a physical disability, the voter may cast his vote at the polling place nearest the precinct at which he is registered which is accessible to the voter, provided such polling place is within the same congressional, senatorial, representative, school board, police jury, councilmanic and all other districts as the precinct at which he is registered. To be permitted to cast his vote at another precinct, the voter, not less than ten days before the election, shall produce satisfactory evidence of his disability to the registrar of voters in the parish in which he is registered. If, in the opinion of the registrar, the voter, due to the physical disability, is unable to cast his vote at the precinct in which he is registered, the registrar shall issue to the voter special authorization to cast his vote at another specifically named precinct as provided in this Section and shall transfer the registration certificate of such voter to that precinct. The authorization so issued shall be shown by the voter to the commissioners at the polling place. The right of a voter to cast his vote in a precinct within the ward and district other than the one in which he is registered shall remain effective for subsequent elections until the voter no longer is in need of the right to vote in another precinct. The voter shall notify the registrar of voters immediately if for any reason such need no longer exists.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978. Amended by Acts 1977, No. 755, §1, eff. Jan. 1, 1978; Acts 2009, No. 436, §1, eff. Jan. 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:531.1. Exception to opening polls; alternative voting locations

RS 18:531.1 - Exception to opening polls; alternative voting locations
A. Notwithstanding any provision of law to the contrary, the polling place for a particular precinct shall not be required to be opened in either of the following circumstances:
(1) When it is determined by the registrar of voters that there are no voters eligible to vote in the voting district in the precinct for any office or proposition on the ballot.
(2) When it is determined by the registrar of voters after the close of early voting, that all voters eligible to vote in the precinct have voted absentee by mail or during early voting.
B. The registrar of voters shall notify the secretary of state and the other members of the parish board of election supervisors of all such determinations.
C. Whenever the polling place for a precinct to which a voter is assigned is not opened pursuant to the provisions of Subsection A of this Section and it is subsequently determined on election day that a voter is eligible to vote and has not voted absentee by mail or during early voting, the voter may cast his vote at the polling place nearest the precinct at which he is registered, provided such polling place has the ballot for which he is eligible to vote on a voting machine. The registrar of voters shall authorize a commissioner at the nearest polling place to allow the voter to vote after the voter completes and signs the affidavit of voter form. If no such polling place is available, the voter may cast his vote by paper ballot in the office of the registrar of voters or at a location designated by the registrar.
Acts 2002, 1st Ex. Sess., No. 130, §1, eff. April 23, 2002; Acts 2005, No. 220, §1, eff. Jan. 1, 2006; Acts 2014, No. 60, §1, eff. May 16, 2014.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:534. Change of polling places

RS 18:534 - Change of polling places
A. Once a polling place is established, it may only be changed by a vote of the parish governing authority.
B.(1) The location of a polling place shall not be changed during the period commencing on the date the qualifying period opens and ending on the date of the general election or, in the case of an election date exclusively for bond, tax, or other propositions or questions, during the period commencing on the forty-sixth day prior to the election and ending on the day of the election unless the polling place becomes unavailable due to an emergency caused by an act of God or when privately owned property being used as a polling place becomes unavailable through no fault of the governing authority.
(2)(a) Notwithstanding the provisions of Subsection A of this Section, if a polling place becomes unavailable during the period defined in and due to the reasons provided in Paragraph (1) of this Subsection, the parish president may change the location of the polling place. The parish president shall submit written notice of the change as soon as practicable to the secretary of state.
(b) A change in the location of a polling place made by a parish president pursuant to Subparagraph (a) of this Paragraph shall not be permanent unless the governing authority of the parish votes to approve the change.
(c) For purposes of this Paragraph, "parish president" means the president of any parish, mayor-president, mayor of New Orleans, parish administrator of Caddo Parish, or police jury president.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978. Amended by Acts 1980, No. 506, §1, eff. Jan. 1, 1981; Acts 1982, No. 559, §1, eff. July 22, 1982; Acts 1988, No. 909, §1, eff. Jan. 1, 1989; Acts 1993, No. 418, §1, eff. Jan. 1, 1994; Acts 2015, No. 307, §1, eff. June 29, 2015; Acts 2022, No. 618, §1.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:535. Notice of location of precincts and polling places

RS 18:535 - Notice of location of precincts and polling places
A. Establishment and change. When a precinct or polling place is established or changed, notice of its location shall be published by the parish governing authority. The publication shall be in the official journal of the parish.
B. Before primary elections. The parish board of election supervisors shall publish the location of the polling places in the parish at least once before each primary election. The publication shall be in the official journal of the parish during the third week before the primary election. The locations shall be published on the website of the secretary of state and may be published on websites maintained by parish election officials, including the registrar of voters and clerk of court. Each website shall also include instructions on how a voter may subscribe to receive electronic notifications of polling place location changes.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978. Amended by Acts 1978, No. 292, §1, eff. July 6, 1978; Acts 2008, No. 136, §1, eff. June 6, 2008; Acts 2010, No. 570, §1, eff. Jan. 1, 2011; Acts 2022, No. 652, §1, eff. Oct. 15, 2022.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:536. Notice of change of location of polling place

RS 18:536 - Notice of change of location of polling place
A. When a parish governing authority or parish president, in accordance with the provisions of R.S. 18:534, changes the location of a polling place during the period commencing on the date the qualifying period opens and ending on the date of the general election or during the period commencing on the forty-sixth day prior to an election and ending on the day of the election for an election date exclusively for bond, tax, or other propositions or questions, the governing authority shall give adequate notice of the change of the location to each voter registered to vote at that polling place and to each candidate to be voted on at that polling place, if applicable, in the following manner:
(1) Each candidate shall be given immediate notice by telephone and by certified mail of the new location of the polling place.
(2) A sign shall be posted at the former polling place directing voters to the new location of the polling place.
(3) An employee of the parish governing authority shall be stationed at the former polling place for the purpose of directing potential voters to the new location of the polling place. The eligibility requirements provided in R.S. 18:1354(C) for appointment as a deputy parish custodian of voting machines are applicable to the employee. Such employee shall be required to take the constitutional oath or affirmation. The clerk of court shall administer the oath.
(4) If reasonable time exists, the notice of the change in location shall be published by the parish governing authority in the official journal of the parish and in any other newspaper of general circulation in the precinct or precincts affected. Publication of the notice shall appear under the heading, NOTICE OF CHANGE OF POLLING PLACE.
B. The governing authority may take such other reasonable steps as it deems necessary or desirable to inform the voters and the candidates of the change in location, including but not limited to posting notices on utility poles and advertisements in the electronic media.
C. The governing authority shall inform the secretary of state of all polling place location changes. The secretary of state shall list polling place location changes on his website and the parish election officials, including the registrar of voters and clerk of court, may publish polling place location changes on their website. Each website shall also include instructions on how a voter may subscribe to receive electronic notifications of polling place location changes.
Added by Acts 1978, No. 580, §2. Amended by Acts 1980, No. 506, §1, eff. Jan. 1, 1981; Acts 1993, No. 418, §1, eff. Jan. 1, 1994; Acts 2015, No. 307, §1, eff. June 29, 2015; Acts 2022, No. 652, §1, eff. Oct. 15, 2022.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:537. Enforcement, venue; penalty

RS 18:537 - Enforcement, venue; penalty
A. In each instance in which the provisions of R.S. 18:533(E), or 18:536 are violated, each person registered to vote at the affected polling place, and each candidate to be voted on at the affected polling place may institute an action to enforce those provisions. Except as otherwise provided in this Section, such action shall be governed by the provisions of Chapter 9 of this Title.
B. In each instance in which the provisions of R.S. 18:532 and 532.1 are not complied with, the attorney general shall institute an action to enforce those provisions.
C. Actions or proceedings instituted pursuant to R.S. 18:537(B) shall be instituted in the district court for the parish where the state capitol is situated.
D. The defendant shall pay the court costs and reasonable attorney fees incurred in any action or proceeding instituted pursuant to R.S. 18:537(B).
E. The state shall not pay to any parish governing authority the cost of ballots, election materials, or any election expenses incurred by the clerks of court and registrars of voters, as defined in Chapter 8-A of Title 18 of the Louisiana Revised Statutes of 1950, while said parish governing authority is in noncompliance with R.S. 18:532 or R.S. 18:532.1.
Added by Acts 1980, No. 506, §1, eff. Jan. 1, 1981. Amended by Acts 1982, No. 559, §1, eff. July 22, 1982; Acts 1985, No. 670, §1, eff. July 16, 1985.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:541. Opening and closing of the polls

RS 18:541 - Opening and closing of the polls
A. In the primary and general elections, the polls shall open at 7:00 a.m. on election day and shall close at 8:00 p.m. on election day.
B. Notwithstanding the provisions of Subsection A of this Section, in regularly scheduled congressional primary elections and elections held at the same time, the polls shall open at 6:00 a.m. on election day and shall close at 8 p.m. on election day.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978; Acts 2012, No. 577, §1, eff. Jan. 1, 2013.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:542. Termination of voting

RS 18:542 - Termination of voting
A person who is in line to vote when the polls close on election day shall be allowed to vote. Voting in a primary or general election shall terminate (1) when the polls close, if no one is in line to vote at that time, or (2) when all the persons who were in line to vote at 8:00 p.m. have been allowed to vote.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:552. Election materials

RS 18:552 - Election materials
A. Materials furnished. At least twenty-two days before a primary election and as soon as possible for a general election:
(1) The secretary of state shall furnish the ballots to be used on the voting machines;
(2) The secretary of state shall furnish to the parish custodian of voting machines for each parish in which voting shall be conducted in an election two copies of a statement, which has been approved by the attorney general, explaining the scope and nature of any proposed constitutional amendment on the ballot and two sample ballots for each voting precinct at which voting shall be conducted in an election; and
(3) The secretary of state shall furnish the parish custodian of voting machines for each parish with the election materials required by the rules and regulations of the state board of election supervisors for the conduct of the election at each polling place.
(4) The secretary of state shall furnish to the parish custodian of voting machines for each parish in which voting will be conducted in an election a supply of state mail voter registration application forms. The custodian of voting machines shall distribute the forms to every location in the parish where voting will be conducted, and the forms shall be made available to the public at the polling place at all times when the polling place is open for voting.
B. In the case of a federal election, in addition to the materials provided in Subsection A of this Section, the secretary of state shall supply informational posters as required by the Help America Vote Act of 2002.
C. Delivery of materials. The contractor who delivers the voting machines also shall deliver the election materials to each polling place under the direction and supervision of the parish custodian of voting machines.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978. Amended by Acts 1978, No. 292, §1, eff. July 6, 1978; Acts 1982, No. 10, §1, eff. Jan. 1, 1983; Acts 1989, No. 179, §1, eff. Jan. 1, 1990; Acts 2001, No. 451, §1, eff. Jan. 12, 2004; Acts 2003, No. 1220, §2, eff. July 3, 2003; Acts 2006, No. 560, §1, eff. Jan. 1, 2007; Acts 2008, No. 136, §1, eff. June 6, 2008; Acts 2010, No. 570, §1, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:561. Poll lists

RS 18:561 - Poll lists
Two commissioners at each polling place shall keep duplicate poll lists, numbered consecutively from one to the end. Each such commissioner shall enter the name of every person who votes at the polling place on the poll lists.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978; Acts 2013, No. 383, §1, eff. June 18, 2013.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:565. Challenge of voters

RS 18:565 - Challenge of voters
A. Grounds for challenge. A commissioner, watcher, or qualified voter may challenge a person applying to vote in a primary or general election on the ground that:
(1) The applicant is not qualified to vote in the election,
(2) The applicant is not qualified to vote in the precinct, or
(3) The applicant is not the person whose name is shown on the precinct register.
B. Disposition of record of challenge and address confirmation notice. The original record of the challenge, signed by the challenger, and the address confirmation notice shall be placed in the envelope marked "Registrar of Voters". A duplicate record of the challenge shall be placed in the clear plastic zipper bag and returned to the clerk of court on election night. A duplicate record of the challenge shall be given to the voter being challenged.
C. Disposition of the challenge. The commissioners present shall determine the validity of the challenge. If they determine by majority vote that the challenge is valid, the applicant shall not be permitted to vote. However, if the valid challenge has determined that the applicant has moved within the parish or has moved outside of the parish within the last three months, the voter shall be allowed to vote upon completing an address confirmation notice. If a majority of the commissioners determine that the challenge is invalid, the applicant shall be permitted to vote.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978. Amended by Acts 1977, No. 523, §1, eff. Jan. 1, 1978; Acts 1989, No. 179, §1, eff. Jan. 1, 1990; Acts 1993, No. 418, §1, eff. Jan. 1, 1994; Acts 1994, 3rd Ex. Sess., No. 10, §1, eff. Jan. 1, 1995; Acts 2001, No. 1181, §1, eff. Jan. 1, 2002; Acts 2019, No. 374, §1, eff. June 19, 2019; Acts 2023, No. 91, §1, eff. June 6, 2023.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:566.1. Provisional voting for federal office; order for extension of poll hours during an election for federal office

RS 18:566.1 - Provisional voting for federal office; order for extension of poll hours during an election for federal office
A. If the poll hours in an election for federal office are extended as a result of a federal or state court order or any other order extending the time established for closing the polls, an individual who votes during the extension shall vote by provisional ballot for federal offices as set forth in R.S. 18:566(B).
B. Any provisional ballot cast pursuant to Subsection A of this Section shall be kept separate and placed by the appropriate election official in the envelope marked "Provisional Ballot - Extended Poll Hours", and shall be counted and tabulated as provided in R.S. 18:566.2.
Acts 2003, No. 423, §1, eff. Jan. 1, 2004.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:567. Administrative complaint procedure; scope

RS 18:567 - Administrative complaint procedure; scope
This Subpart provides a uniform, nondiscriminatory procedure for the resolution of any complaint alleging a violation of any provision of Title III of the Help America Vote Act of 2002 for an election for federal office, including a violation that has occurred, is occurring, or is about to occur.
Acts 2003, No. 423, §1, eff. Jan. 1, 2004.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:567.1. Definitions

RS 18:567.1 - Definitions
As used in this Subpart, the following words and terms shall have the meanings hereinafter ascribed to each, unless the context clearly indicates another meaning:
(1) "Board" means the State Board of Election Supervisors.
(2) "Complainant" means the person who files a complaint with the board under this Subpart.
(3) "Federal election" means a general, special, primary, or runoff election for federal office; and a primary election held for the expression of a preference for the nomination of individuals for election to the office of president.
(4) "Respondent" means any state or local election official whose actions relating to a federal election are asserted, in a complaint under this Subpart, to be in violation of Title III of the Help America Vote Act of 2002.
(5) "Title III" means Title III of the Help America Vote Act of 2002, P.L. 107-252, 52 U.S.C. 21081-21085.
Acts 2003, No. 423, §1, eff. Jan. 1, 2004; Acts 2019, No. 374, §1, eff. June 19, 2019.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:567.2. Filing a complaint

RS 18:567.2 - Filing a complaint
A. Any person who believes that there is a violation by any state or local election official of any provision of Title III may file a complaint, including a violation which has occurred, is occurring, or is about to occur. The complaint procedures set forth in this Subpart are limited to allegations of violations of Title III in a federal election.
B. The complaint shall be in writing, signed by the complainant, executed before a notary public, and sworn under oath. The complaint shall provide the name and mailing address of the complainant and shall include a description of the alleged violation that is sufficiently detailed to put the board and the respondent on notice of the nature of the alleged violation.
C. The complainant may use any of the following forms to file a complaint:
(1) The form provided by the secretary of state, subject to approval of the attorney general as to content.
(2) Any other form which contains the same information as required by the approved form prepared by the secretary of state.
D. A complaint shall be filed with the secretary of state and shall be filed within ninety days after the final certification of the federal election.
E. The complainant shall mail or deliver a copy of the complaint to each respondent.
Acts 2003, No. 423, §1, eff. Jan. 1, 2004.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:567.4. Computation of time

RS 18:567.4 - Computation of time
Except as otherwise provided in this Subpart, computation of all time intervals in this Subpart shall include Sundays and other legal holidays. However, if the time interval ends on a Sunday or other legal holiday, then noon of the next legal day shall be deemed to be the end of the time interval.
Acts 2003, No. 423, §1, eff. Jan. 1, 2004.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:567.5. Exemption

RS 18:567.5 - Exemption
The provisions of Chapter 13-B of Title 49 relating to the Division of Administrative Law shall not apply to the administrative hearing process established under this Subpart. The board is exempt from the hearing requirements set forth in Chapter 13-B of Title 49 and shall conduct hearings pursuant to this Subpart. However, the board is authorized to contract with the Division of Administrative Law for the alternative dispute resolution services required by R.S. 18:567.3.
Acts 2003, No. 423, §1, eff. Jan. 1, 2004.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:567.6. Judicial review

RS 18:567.6 - Judicial review
The final decision of the board or the final resolution of the administrative law judge may be judicially reviewed by filing a petition in the Nineteenth Judicial District Court, Parish of East Baton Rouge. The petition shall be filed within thirty days after the mailing of the notice of the final decision of the board or the final resolution of the administrative law judge.
Acts 2003, No. 423, §1, eff. Jan. 1, 2004.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:572. Transmission of election returns; voting machine keys; machine certificates

RS 18:572 - Transmission of election returns; voting machine keys; machine certificates
A.(1) After the results are printed from the voting machines and all election paperwork is complete, the commissioner-in-charge shall immediately:
(a) Mail to the secretary of state the envelope marked "Secretary of State's Envelope".
(b) Deliver to the clerk of court in a clear plastic zipper bag the following:
(i) The completed and signed key envelope for the voting machines.
(ii) The original of the machine certificates.
(iii) The original affidavit of payroll and nondisclosure for the commissioners.
(iv) One copy of the official election results report from the voting machines.
(v) A copy of each completed notation of irregularities form.
(vi) All election result cartridges, if applicable.
(vii) For a federal election, the return provisional ballot envelope containing all voted provisional ballots and unused provisional ballots and envelopes.
(viii) A duplicate record of each challenge.
(2)(a) Upon receipt of the items listed in Subparagraph (1)(b) of this Subsection, the clerk of court shall affix the time of receipt upon the election documents which contain election results. The clerk of court shall make a copy of the election results available to the press and public.
(b) For a federal election, the clerk of court shall deliver to the registrar of voters the return provisional ballot envelope containing all voted provisional ballots not later than 8:30 a.m. on the first business day following the election.
B. The commissioner-in-charge shall complete the procedures prescribed by this Section not later than midnight on the day of the election. Failure to comply with this time limit shall not void the election.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978. Amended by Acts 1978, No. 292, §1, eff. July 6, 1978; Acts 1980, No. 506, §1, eff. Jan. 1, 1981; Acts 1981, No. 77, §1, eff. June 26, 1981. Acts 1983, No. 519, §1, eff. July 8, 1983; Acts 1985, No. 754, §2; Acts 1995, No. 300, §1, eff. June 15, 1995; Acts 1999, No. 1381, §1; Acts 2002, 1st Ex. Sess., No. 130, §1, eff. April 23, 2002; Acts 2006, No. 403, §2, eff. Jan 1, 2007; Acts 2007, No. 240, §2; Acts 2017, No. 176, §1, eff. June 14, 2017; Acts 2018, No. 584, §2; Acts 2019, No. 374, §1, eff. June 19, 2019.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:575. Official results of a primary or general election

RS 18:575 - Official results of a primary or general election
A. Uncontested elections. The election returns compiled and promulgated by the secretary of state shall be the official results of a primary or general election for an office if an action contesting the election for that office is not commenced timely.
B. Contested elections. If an action contesting a primary or general election is commenced timely, the final judgment in the action contesting the election shall determine the result of the election for that office. The result of a contested election shall not be official until the final judgment in the action contesting the election becomes definitive. The secretary of state shall promulgate results of a contested election in accordance with the final judgment of the court as soon as practicable after the final judgment becomes definitive.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978; Acts 1997, No. 1420, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:576. Election night returns

RS 18:576 - Election night returns
A. Immediately upon receipt of the tabulation blank and compiled statement forms or voting machine election result sheets and election result cartridges, where utilized, from the commissioners-in-charge, the clerks of court shall tabulate the results from each precinct in the parish.
B. Each clerk of court shall transmit the results of the elections to the secretary of state expeditiously and in accordance with rules and regulations which shall be adopted by the secretary of state.
C. The secretary of state shall compile the results of the elections immediately upon receipt of the results from the clerks of court and shall make the compiled results available to the press and public.
D. The election night results required to be compiled and transmitted by the provisions of this Section shall be unofficial.
Added by Acts 1980, No. 506, §1, eff. Jan. 1, 1981; Acts 1995, No. 300, §1, eff. June 15, 1995; Acts 2003, No. 1220, §1, eff. Jan. 1, 2004.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:581. Definitions

RS 18:581 - Definitions
As used in this Title:
(1) "Local governmental subdivision" means a parish or municipality.
(2) "Political subdivision" means a parish, municipality, and any other unit of local government, including a school board and a special district, authorized by law to perform governmental functions.
(3) "Vacancy" occurs in an elective office when the office is or will be unoccupied for any of the following reasons:
(a) Death of the official who was elected to the office.
(b) Retirement or resignation of the official who was elected to the office.
(c) Removal from office by any means.
(d) Failure to take office for any reason or when it becomes certain that the person elected to the office will not take the office on the day when the term for which the person was elected commences.
(e) The person elected to or holding the office no longer meets the residence or domicile requirements of that office, any declaration of retention of domicile to the contrary notwithstanding.
(f) An office is created due to a reclassification of a municipality.
(g) Failure of any candidate to qualify for the election to the office or the failure of a sufficient number of candidates to qualify for the number of positions to be filled in the office.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978. Acts 1984, No. 672, §1; Acts 2004, No. 526, §2, eff. June 25, 2004; Acts 2023, No. 91, §1, eff. June 6, 2023.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:582. Applicability

RS 18:582 - Applicability
The provisions of this Title shall apply to the filling of vacancies for all offices in this state and its political subdivisions, except those offices for which specific provision otherwise is made or provided for in the constitution.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:584. Repealed by Acts 1980, No. 792, §3, eff. Jan. 1, 1981; Acts 1981, No. 76, §2, eff. June 26, 1981

RS 18:584 - Repealed by Acts 1980, No. 792, §3, eff. Jan. 1, 1981; Acts 1981, No. 76, §2, eff. June 26, 1981
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:586. Vacancies caused by retirement or resignation; prohibitions

RS 18:586 - Vacancies caused by retirement or resignation; prohibitions
A. No elected official who has retired or resigned from state or local elective office shall be appointed to succeed himself in the office from which the official retired or resigned.
B. No elected official who has retired or resigned from state or local elective office shall be eligible as a candidate at an election called to fill the vacancy created by the retirement or resignation of the elected official.
Acts 2023, No. 119, §1, eff. June 6, 2023.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:591. Vacancy in office of elective members of state boards and commissions

RS 18:591 - Vacancy in office of elective members of state boards and commissions
Within twenty-four hours after any member of a state board or commission has knowledge of a vacancy in an elective office on that state board or commission, he shall notify the governor by certified mail of the vacancy, the date on which it occurred, and the cause thereof. Within twenty days after he is notified of the vacancy, the governor shall appoint a person to fill the vacancy who has the qualifications for the office. However, if the deadline for making the appointment falls on a Saturday, Sunday, or other legal holiday, then the next day which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day for making such appointment. If the unexpired term is one year or less, the member so appointed shall serve for the remainder thereof. If the unexpired term exceeds one year, the governor, within twenty days after he is notified of the vacancy, shall issue his proclamation ordering a special election to fill the vacancy, which shall specify, in accordance with R.S. 18:402, the dates on which the primary and general elections shall be held, and in accordance with R.S. 18:467, 467.1, and 468, the dates of the qualifying period for the candidates in the special election. However, if the deadline for issuing the proclamation falls on a Saturday, Sunday, or other legal holiday, then the next day which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day for issuing such proclamation. Immediately thereafter the governor shall publish the proclamation in the official journal of each parish in which the election is to be held. Within twenty-four hours after issuing the proclamation, the governor shall send a copy of the proclamation to the secretary of state who shall within twenty-four hours after receipt of the information notify all election officials having any duty to perform in connection with the special election to fill such vacancy, including the parish boards of election supervisors for the parish or parishes in which the vacancy occurred. The governor may appoint a person to fill a vacancy and issue a proclamation ordering a special election when he learns of a vacancy, whether or not he has received notice thereof from a state board or commission member. Whenever a special election is required, the governor's appointee shall serve only until the successor is elected and takes office.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978. Amended by Acts 1977, No. 545, §1, eff. Jan. 1, 1978; Acts 1980, No. 792, §1, eff. Jan. 1, 1981; Acts 1981, No. 76, §1, eff. June 26, 1981; Acts 1997, No. 1420, §1, eff. Jan. 1, 1998; Acts 2005, No. 431, §1, eff. Jan. 1, 2006; Acts 2012, No. 138, §1, eff. May 14, 2012.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:603. Persons designated to assume duties of vacant offices; salary and emoluments; power to appoint

RS 18:603 - Persons designated to assume duties of vacant offices; salary and emoluments; power to appoint
When a vacancy occurs in an office covered by R.S. 18:602(C), the person designated to assume the duties of the office shall receive the salary and other emoluments of the vacated office until a successor is elected and takes office. A person designated to assume the duties of an office shall take the oath of office and file any bond required for the vacated office. The person who assumes the duties of an office may appoint a person to perform the duties of the office or position he formerly held and the person so appointed shall receive the salary and other emoluments of that office or position.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:621. Vacancy in office of judge

RS 18:621 - Vacancy in office of judge
A.(1) Within twenty-four hours after having knowledge of a vacancy in the office of a judge, including a vacancy by reason of a newly created judgeship, the supreme court shall give written notice to the governor that the vacancy exists, the date on which it occurred, and the cause thereof.
(2) If more than twelve months of the term remain unexpired, then within ten days after being notified of the vacancy, the governor shall determine the dates on which the special elections to fill the vacancy shall be held and the dates of the qualifying period and shall issue his proclamation ordering a special election and specifying the dates on which the primary and general elections will be held and the dates of the qualifying period for the election. However, if the deadline for issuing the proclamation falls on a Saturday, Sunday, or other legal holiday, then the next day which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day for issuing such proclamation.
(3) The governor shall call any special election to fill a newly created judgeship or a vacancy in an existing judgeship in accordance with the dates for elections set forth in R.S. 18:402, if such dates can be utilized to fill a newly created judgeship or fill a vacancy in an existing judgeship within the period of time prescribed in Article V, Section 22(B) of the Louisiana Constitution. In selecting the dates for such special elections, the governor shall first choose a gubernatorial or congressional election date; if no such date is available during the constitutionally prescribed time period, the governor shall then select another election date, as provided for in R.S. 18:402.
B. Immediately after issuance of the proclamation, the secretary of state shall publish the proclamation in the official journal of each parish in which the election is to be held. Within twenty-four hours after its issuance, the governor shall send a copy of the proclamation to the secretary of state. Within twenty-four hours after he receives the copy, the secretary of state shall notify all election officials having any duty to perform in connection with a special election to fill such vacancy, including the parish boards of election supervisors for the parish or parishes in which the vacancy occurred.
Added by Acts 1978, No. 38, §1, eff. May 31, 1978. Amended by Acts 1980, No. 792, §1, eff. Jan. 1, 1981; Acts 1981, No. 76, §1, eff. June 26, 1981; Acts 1982, No. 778, §1, eff. Aug. 4, 1982; Acts 1983, No. 152, §1, eff. as per Section 2, see note; Acts 1986, No. 669, §1; Acts 1997, No. 1420, §1, eff. Jan. 1, 1998; Acts 2005, No. 431, §1, eff. Jan. 1, 2006; Acts 2022, No. 274, §1, eff. June 3, 2022.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:651. Applicability

RS 18:651 - Applicability
The provisions of this Subpart shall apply to all elected officials of this state and its political subdivisions. The provisions of this Subpart shall not apply to members of the congress.
Added by Acts 1978, No. 38, §1, eff. May 31, 1978; Acts 1999, No. 254, §1, eff. Jan. 1, 2000.