§1306. Preparation and distribution of absentee by mail and early voting ballots
A.(1) The secretary of state shall prepare absentee by mail and early voting ballots. The size and weight of paper, size and type of print, and other matters pertaining to absentee by mail and early voting ballots shall be determined by the secretary of state, subject to approval as to content by the attorney general. All ballots and paraphernalia of the same kind shall be identical as to size and weight of paper, size, type, and color of print, and other matters.
(2)(a) Each ballot shall have printed on its face instructions informing the voter of the types of marks which may be used on that ballot to indicate his vote. Depending on the type of ballot used in an election, one of the following marks may be used by a voter to indicate his vote:
(i) A cross [X] mark.
(ii) A check [*] mark.
(iii) A mark that is made by filling in the appropriate space or box.
(b) The instructions shall inform the voter that a combination of marks may not be used on the same ballot and that the use of more than one type of mark on the same ballot will result in that ballot being voided.
(3) A ballot shall be marked by the voter with a pencil containing black lead, and the instructions printed on the face of the ballot shall inform the voter of this requirement.
(4) The secretary of state shall prepare a special absentee ballot for candidates and constitutional amendments to be voted on in second party primary or general elections, subject to approval as to content by the attorney general. This special ballot shall only be for use by a qualified voter who is either a member of the United States Service or who resides outside of the United States. Such special ballot shall contain a list of the titles of all offices being contested at the primary or first party primary election and the candidates qualifying for the primary or first party primary election for each office, and shall permit the elector to vote in the second party primary or general election by indicating his order of preference for each candidate for each office. On the special ballot shall also be printed each constitutional amendment to be voted on in the second party primary or general election. To indicate his order of preference for each candidate for each office to be voted on in the election, the voter shall put the number one next to the name of the candidate who is the voter's first choice, the number two for his second choice and so forth so that, in consecutive numerical order, a number indicating the voter's preference is written by the voter next to each candidate's name on the ballot. A space shall be provided for the voter to indicate his preference for or against each constitutional amendment contained on the ballot. The voter shall not be required to indicate his preference for more than one candidate on the ballot if the voter so chooses. The secretary of state shall also prepare instructions for use of the special ballot.
B.(1) The secretary of state shall prepare absentee by mail and early voting ballot envelopes, early voting applications, absentee by mail and early voting instructions, certificates, and other absentee by mail and early voting balloting paraphernalia consistent with the provisions of this Chapter, subject to approval of the attorney general as to content. Notwithstanding the provisions of R.S. 18:1316 relating to distinguishing marks on absentee by mail and early voting ballots, absentee by mail voting instructions on absentee ballots to be transmitted by facsimile in accordance with R.S. 18:1308(A)(1)(b) shall stipulate that the voter may mark his ballot with a cross [X] mark or a check [*] mark as provided in Items (A)(2)(a)(i) and (ii) of this Section. When a court of competent jurisdiction, a registrar of voters, the secretary of state, or other competent authority determines that there exists a literate linguistic minority equal to more than five percent of the total population of any parish, the secretary of state, with approval of the attorney general as to content, shall prepare and furnish absentee by mail and early voting ballots, absentee by mail and early voting instructions, and certificates in the minority language in sufficient quantity to provide to each absentee by mail and early voter requesting voting material in that language.
(2) The secretary of state shall include with the election paraphernalia accompanying absentee by mail ballots instructions, approved by the secretary of state and the attorney general, generally describing the particular absentee by mail counting equipment utilized in the election to count absentee by mail ballots. The instructions shall inform the voter how to cast his vote, which shall include if applicable instructions for marking the absentee by mail ballot and examples of the correct and incorrect methods of marking the ballot.
(3) The secretary of state shall include with the election paraphernalia accompanying early voting ballots instructions approved by the secretary of state and the attorney general, which generally describe the particular early voting counting equipment used in the election to count early voting ballots or voting machines used to cast early voting ballots. The instructions shall inform the voter how to cast his vote, which shall include if applicable instructions for marking the early voting ballot and examples of the correct and incorrect methods of marking the ballot.
C.(1) At least twenty days before each primary election and at least thirteen days before each general election, the secretary of state shall deliver to the registrar in each parish in which the election is to be held the paper absentee by mail and early voting ballots, envelopes, early voting applications, certificates, instructions to be used in voting by absentee by mail and early voting ballot in that election, and a statement, approved by the attorney general, explaining the scope and nature of any proposed constitutional amendment. The number of paper absentee by mail and early voting ballots and other necessary paraphernalia to be so delivered shall be up to ten percent of the registered voters within each parish.
(2) At least twenty days before each primary or first party primary election the secretary of state shall deliver to the registrar in each parish in which the election is to be held the special absentee ballot for qualified voters who are either members of the United States Service or persons residing outside of the United States. The number of special ballots and other necessary paraphernalia, including instructions for the use of the special ballot, to be so delivered shall be up to one percent of the registered voters within each parish.
D. An absentee by mail and early voting ballot envelope shall have printed on its face in red bold face type:
FOR BALLOT ONLY
VIOLATION OF ABSENTEE BY MAIL OR EARLY
VOTING LAWS VOIDS BALLOT
AND MAY RESULT IN CRIMINAL PENALTIES
VOTING AT POLLS AFTER VOTING ABSENTEE BY MAIL
OR DURING EARLY VOTING IS PROHIBITED
AND MAY RESULT IN CRIMINAL PENALTIES
E.(1) An absentee by mail or early voting ballot envelope also shall have a perforated extension or flap below the sealing line, which shall bear a certificate prescribed by the secretary of state and approved by the attorney general. The certificate shall include but not necessarily be limited to:
(a) The full name and place of residence of the voter in Louisiana, including state, parish, ward, precinct, city, and street.
(b) The statement of the voter certifying that he applied for the ballot, marked the enclosed ballot(s) himself or that they were marked for him according to his instructions and in his presence.
(c) The statement of the voter that he is entitled to vote at the precinct he names.
(d) Authorization to the parish board of election supervisors to open the envelope and count his ballot.
(e) His mother's maiden name.
(f) An affidavit followed by a line for the handwritten signature of the voter, certifying that the statements made by him are true and correct and that the voter is aware of the penalties for knowingly making a false statement therein, which penalties shall be stated on the certificate.
(g) Spaces for the state and parish or county where it is executed, if executed outside the voter's parish of registration.
(2) An absentee by mail or early voting ballot envelope flap shall also contain lines for the handwritten signature of two witnesses. The voter may sign the certificate in the presence of two witnesses, or one witness if the voter is voting absentee by mail as authorized by R.S. 18:1303(F) or (I), and in such a case, the voter shall not be required to obtain the signature of a notary public, but his certificate shall be made under penalty of perjury for providing false or fraudulent information. Above the perforation and along the seal line, the words "DO NOT DETACH FLAP" shall be printed.
F. An early voting application shall include but not necessarily be limited to:
(1) The full name and place of residence of the voter in Louisiana, including parish, ward, precinct, city, and street.
(2) His mother's maiden name.
G. Repealed by Acts 2007, No. 240, §2.
H. Repealed by Acts 2005, No. 220, §2, eff. Jan. 1, 2006.
§1306. Preparation and distribution of absentee by mail and early voting ballots
A.(1) The secretary of state shall prepare absentee by mail and early voting ballots. The size and weight of paper, size and type of print, and other matters pertaining to absentee by mail and early voting ballots shall be determined by the secretary of state, subject to approval as to content by the attorney general. All ballots and paraphernalia of the same kind shall be identical as to size and weight of paper, size, type, and color of print, and other matters.
(2)(a) Each ballot shall have printed on its face instructions informing the voter of the types of marks which may be used on that ballot to indicate his vote. Depending on the type of ballot used in an election, one of the following marks may be used by a voter to indicate his vote:
(i) A cross [X] mark.
(ii) A check [*] mark.
(iii) A mark that is made by filling in the appropriate space or box.
(b) The instructions shall inform the voter that a combination of marks may not be used on the same ballot and that the use of more than one type of mark on the same ballot will result in that ballot being voided.
(3) A ballot shall be marked by the voter with a pencil containing black lead, and the instructions printed on the face of the ballot shall inform the voter of this requirement.
(4) The secretary of state shall prepare a special absentee ballot for candidates and constitutional amendments to be voted on in second party primary or general elections, subject to approval as to content by the attorney general. This special ballot shall only be for use by a qualified voter who is either a member of the United States Service or who resides outside of the United States. Such special ballot shall contain a list of the titles of all offices being contested at the primary or first party primary election and the candidates qualifying for the primary or first party primary election for each office, and shall permit the elector to vote in the second party primary or general election by indicating his order of preference for each candidate for each office. On the special ballot shall also be printed each constitutional amendment to be voted on in the second party primary or general election. To indicate his order of preference for each candidate for each office to be voted on in the election, the voter shall put the number one next to the name of the candidate who is the voter's first choice, the number two for his second choice and so forth so that, in consecutive numerical order, a number indicating the voter's preference is written by the voter next to each candidate's name on the ballot. A space shall be provided for the voter to indicate his preference for or against each constitutional amendment contained on the ballot. The voter shall not be required to indicate his preference for more than one candidate on the ballot if the voter so chooses. The secretary of state shall also prepare instructions for use of the special ballot.
B.(1) The secretary of state shall prepare absentee by mail and early voting ballot envelopes, early voting applications, absentee by mail and early voting instructions, certificates, and other absentee by mail and early voting balloting paraphernalia consistent with the provisions of this Chapter, subject to approval of the attorney general as to content. Notwithstanding the provisions of R.S. 18:1316 relating to distinguishing marks on absentee by mail and early voting ballots, absentee by mail voting instructions on absentee ballots to be transmitted by facsimile in accordance with R.S. 18:1308(A)(1)(b) shall stipulate that the voter may mark his ballot with a cross [X] mark or a check [*] mark as provided in Items (A)(2)(a)(i) and (ii) of this Section. When a court of competent jurisdiction, a registrar of voters, the secretary of state, or other competent authority determines that there exists a literate linguistic minority equal to more than five percent of the total population of any parish, the secretary of state, with approval of the attorney general as to content, shall prepare and furnish absentee by mail and early voting ballots, absentee by mail and early voting instructions, and certificates in the minority language in sufficient quantity to provide to each absentee by mail and early voter requesting voting material in that language.
(2) The secretary of state shall include with the election paraphernalia accompanying absentee by mail ballots instructions, approved by the secretary of state and the attorney general, generally describing the particular absentee by mail counting equipment utilized in the election to count absentee by mail ballots. The instructions shall inform the voter how to cast his vote, which shall include if applicable instructions for marking the absentee by mail ballot and examples of the correct and incorrect methods of marking the ballot.
(3) The secretary of state shall include with the election paraphernalia accompanying early voting ballots instructions approved by the secretary of state and the attorney general, which generally describe the particular early voting counting equipment used in the election to count early voting ballots or voting machines used to cast early voting ballots. The instructions shall inform the voter how to cast his vote, which shall include if applicable instructions for marking the early voting ballot and examples of the correct and incorrect methods of marking the ballot.
C.(1) At least twenty days before each primary election and at least thirteen days before each general election, the secretary of state shall deliver to the registrar in each parish in which the election is to be held the paper absentee by mail and early voting ballots, envelopes, early voting applications, certificates, instructions to be used in voting by absentee by mail and early voting ballot in that election, and a statement, approved by the attorney general, explaining the scope and nature of any proposed constitutional amendment. The number of paper absentee by mail and early voting ballots and other necessary paraphernalia to be so delivered shall be up to ten percent of the registered voters within each parish.
(2) At least twenty days before each primary or first party primary election the secretary of state shall deliver to the registrar in each parish in which the election is to be held the special absentee ballot for qualified voters who are either members of the United States Service or persons residing outside of the United States. The number of special ballots and other necessary paraphernalia, including instructions for the use of the special ballot, to be so delivered shall be up to one percent of the registered voters within each parish.
D. An absentee by mail and early voting ballot envelope shall have printed on its face in red bold face type:
FOR BALLOT ONLY
VIOLATION OF ABSENTEE BY MAIL OR EARLY
VOTING LAWS VOIDS BALLOT
AND MAY RESULT IN CRIMINAL PENALTIES
VOTING AT POLLS AFTER VOTING ABSENTEE BY MAIL
OR DURING EARLY VOTING IS PROHIBITED
AND MAY RESULT IN CRIMINAL PENALTIES
E.(1) An absentee by mail or early voting ballot envelope also shall have a perforated extension or flap below the sealing line, which shall bear a certificate prescribed by the secretary of state and approved by the attorney general. The certificate shall include but not necessarily be limited to:
(a) The full name and place of residence of the voter in Louisiana, including state, parish, ward, precinct, city, and street.
(b) The statement of the voter certifying that he applied for the ballot, marked the enclosed ballot(s) himself or that they were marked for him according to his instructions and in his presence.
(c) The statement of the voter that he is entitled to vote at the precinct he names.
(d) Authorization to the parish board of election supervisors to open the envelope and count his ballot.
(e) His mother's maiden name.
(f) An affidavit followed by a line for the handwritten signature of the voter, certifying that the statements made by him are true and correct and that the voter is aware of the penalties for knowingly making a false statement therein, which penalties shall be stated on the certificate.
(g) Spaces for the state and parish or county where it is executed, if executed outside the voter's parish of registration.
(2) An absentee by mail or early voting ballot envelope flap shall also contain lines for the handwritten signature of two witnesses. The voter may sign the certificate in the presence of two witnesses, or one witness if the voter is voting absentee by mail as authorized by R.S. 18:1303(F) or (I), and in such a case, the voter shall not be required to obtain the signature of a notary public, but his certificate shall be made under penalty of perjury for providing false or fraudulent information. Above the perforation and along the seal line, the words "DO NOT DETACH FLAP" shall be printed.
F. An early voting application shall include but not necessarily be limited to:
(1) The full name and place of residence of the voter in Louisiana, including parish, ward, precinct, city, and street.
(2) His mother's maiden name.
G. Repealed by Acts 2007, No. 240, §2.
H. Repealed by Acts 2005, No. 220, §2, eff. Jan. 1, 2006.
§1306. Preparation and distribution of absentee by mail and early voting ballots
A.(1) The secretary of state shall prepare absentee by mail and early voting ballots. The size and weight of paper, size and type of print, and other matters pertaining to absentee by mail and early voting ballots shall be determined by the secretary of state, subject to approval as to content by the attorney general. All ballots and paraphernalia of the same kind shall be identical as to size and weight of paper, size, type, and color of print, and other matters.
(2)(a) Each ballot shall have printed on its face instructions informing the voter of the types of marks which may be used on that ballot to indicate his vote. Depending on the type of ballot used in an election, one of the following marks may be used by a voter to indicate his vote:
(i) A cross [X] mark.
(ii) A check [*] mark.
(iii) A mark that is made by filling in the appropriate space or box.
(b) The instructions shall inform the voter that a combination of marks may not be used on the same ballot and that the use of more than one type of mark on the same ballot will result in that ballot being voided.
(3) A ballot shall be marked by the voter with a pencil containing black lead, and the instructions printed on the face of the ballot shall inform the voter of this requirement.
(4) The secretary of state shall prepare a special absentee ballot for candidates and constitutional amendments to be voted on in second party primary or general elections, subject to approval as to content by the attorney general. This special ballot shall only be for use by a qualified voter who is either a member of the United States Service or who resides outside of the United States. Such special ballot shall contain a list of the titles of all offices being contested at the primary or first party primary election and the candidates qualifying for the primary or first party primary election for each office, and shall permit the elector to vote in the second party primary or general election by indicating his order of preference for each candidate for each office. On the special ballot shall also be printed each constitutional amendment to be voted on in the second party primary or general election. To indicate his order of preference for each candidate for each office to be voted on in the election, the voter shall put the number one next to the name of the candidate who is the voter's first choice, the number two for his second choice and so forth so that, in consecutive numerical order, a number indicating the voter's preference is written by the voter next to each candidate's name on the ballot. A space shall be provided for the voter to indicate his preference for or against each constitutional amendment contained on the ballot. The voter shall not be required to indicate his preference for more than one candidate on the ballot if the voter so chooses. The secretary of state shall also prepare instructions for use of the special ballot.
B.(1) The secretary of state shall prepare absentee by mail and early voting ballot envelopes, early voting applications, absentee by mail and early voting instructions, certificates, and other absentee by mail and early voting balloting paraphernalia consistent with the provisions of this Chapter, subject to approval of the attorney general as to content. Notwithstanding the provisions of R.S. 18:1316 relating to distinguishing marks on absentee by mail and early voting ballots, absentee by mail voting instructions on absentee ballots to be transmitted by facsimile in accordance with R.S. 18:1308(A)(1)(b) shall stipulate that the voter may mark his ballot with a cross [X] mark or a check [*] mark as provided in Items (A)(2)(a)(i) and (ii) of this Section. When a court of competent jurisdiction, a registrar of voters, the secretary of state, or other competent authority determines that there exists a literate linguistic minority equal to more than five percent of the total population of any parish, the secretary of state, with approval of the attorney general as to content, shall prepare and furnish absentee by mail and early voting ballots, absentee by mail and early voting instructions, and certificates in the minority language in sufficient quantity to provide to each absentee by mail and early voter requesting voting material in that language.
(2) The secretary of state shall include with the election paraphernalia accompanying absentee by mail ballots instructions, approved by the secretary of state and the attorney general, generally describing the particular absentee by mail counting equipment utilized in the election to count absentee by mail ballots. The instructions shall inform the voter how to cast his vote, which shall include if applicable instructions for marking the absentee by mail ballot and examples of the correct and incorrect methods of marking the ballot.
(3) The secretary of state shall include with the election paraphernalia accompanying early voting ballots instructions approved by the secretary of state and the attorney general, which generally describe the particular early voting counting equipment used in the election to count early voting ballots or voting machines used to cast early voting ballots. The instructions shall inform the voter how to cast his vote, which shall include if applicable instructions for marking the early voting ballot and examples of the correct and incorrect methods of marking the ballot.
C.(1) At least twenty days before each primary election and at least thirteen days before each general election, the secretary of state shall deliver to the registrar in each parish in which the election is to be held the paper absentee by mail and early voting ballots, envelopes, early voting applications, certificates, instructions to be used in voting by absentee by mail and early voting ballot in that election, and a statement, approved by the attorney general, explaining the scope and nature of any proposed constitutional amendment. The number of paper absentee by mail and early voting ballots and other necessary paraphernalia to be so delivered shall be up to ten percent of the registered voters within each parish.
(2) At least twenty days before each primary or first party primary election the secretary of state shall deliver to the registrar in each parish in which the election is to be held the special absentee ballot for qualified voters who are either members of the United States Service or persons residing outside of the United States. The number of special ballots and other necessary paraphernalia, including instructions for the use of the special ballot, to be so delivered shall be up to one percent of the registered voters within each parish.
D. An absentee by mail and early voting ballot envelope shall have printed on its face in red bold face type:
FOR BALLOT ONLY
VIOLATION OF ABSENTEE BY MAIL OR EARLY
VOTING LAWS VOIDS BALLOT
AND MAY RESULT IN CRIMINAL PENALTIES
VOTING AT POLLS AFTER VOTING ABSENTEE BY MAIL
OR DURING EARLY VOTING IS PROHIBITED
AND MAY RESULT IN CRIMINAL PENALTIES
E.(1) An absentee by mail or early voting ballot envelope also shall have a perforated extension or flap below the sealing line, which shall bear a certificate prescribed by the secretary of state and approved by the attorney general. The certificate shall include but not necessarily be limited to:
(a) The full name and place of residence of the voter in Louisiana, including state, parish, ward, precinct, city, and street.
(b) The statement of the voter certifying that he applied for the ballot, marked the enclosed ballot(s) himself or that they were marked for him according to his instructions and in his presence.
(c) The statement of the voter that he is entitled to vote at the precinct he names.
(d) Authorization to the parish board of election supervisors to open the envelope and count his ballot.
(e) His mother's maiden name.
(f) An affidavit followed by a line for the handwritten signature of the voter, certifying that the statements made by him are true and correct and that the voter is aware of the penalties for knowingly making a false statement therein, which penalties shall be stated on the certificate.
(g) Spaces for the state and parish or county where it is executed, if executed outside the voter's parish of registration.
(2) An absentee by mail or early voting ballot envelope flap shall also contain lines for the handwritten signature of two witnesses. The voter may sign the certificate in the presence of two witnesses, or one witness if the voter is voting absentee by mail as authorized by R.S. 18:1303(F) or (I), and in such a case, the voter shall not be required to obtain the signature of a notary public, but his certificate shall be made under penalty of perjury for providing false or fraudulent information. Above the perforation and along the seal line, the words "DO NOT DETACH FLAP" shall be printed.
F. An early voting application shall include but not necessarily be limited to:
(1) The full name and place of residence of the voter in Louisiana, including parish, ward, precinct, city, and street.
(2) His mother's maiden name.
G. Repealed by Acts 2007, No. 240, §2.
H. Repealed by Acts 2005, No. 220, §2, eff. Jan. 1, 2006.
