Louisiana Revised Statutes 18:562 – Prerequisites to voting
Terms Used In Louisiana Revised Statutes 18:562
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
A. Identification of voters. (1) A person who desires to vote in a primary or general election shall give his name and address to a commissioner, who shall announce the applicant’s name and address to the persons at the polling place.
(2)(a) Each applicant shall identify himself, in the presence and view of the bystanders, and present to the commissioners one of the following:
(i) A Louisiana driver’s license, a Louisiana special identification card issued pursuant to La. Rev. Stat. 40:1321, or other generally recognized picture identification card that contains the name and signature of the applicant.
(ii) A United States military identification card that contains the applicant’s name and picture.
(b) If the applicant does not have one of the forms of identification provided in Subparagraph (a) of this Paragraph, the applicant shall complete and sign an affidavit, which is supplied by the secretary of state, to that effect before the commissioners, which affidavit shall include the applicant’s date of birth and mother’s maiden name. If the applicant is unable to read or write or is otherwise unable to complete the affidavit due to disability, the applicant may receive assistance in completing the affidavit and the commissioner shall make a notation on the affidavit. The applicant may receive the assistance of any person of his choice, including a commissioner, except a candidate, commissioner-in-charge, the applicant’s employer or employer’s agent, or the applicant’s union agent. The commissioners shall place the affidavit in the envelope marked “Registrar of Voters” and attach the envelope to the precinct register. However, an applicant who is allowed to vote without the picture identification required by Subparagraph (a) of this Paragraph is subject to challenge as provided in La. Rev. Stat. 18:565.
B. Review of precinct register. The commissioners shall then determine:
(1) If the applicant’s name is found in the precinct register on the official list of voters or the supplemental list of voters and the applicant has not voted absentee by mail or during early voting, one of the commissioners shall announce the applicant’s name again.
(2) If the applicant’s name is found in the precinct register on the inactive list of voters and the applicant has not voted absentee by mail or during early voting, the applicant may vote after complying with provisions of La. Rev. Stat. 18:196(B). After such compliance, one of the commissioners shall announce the applicant’s name again and shall preserve the address confirmation notice received from the voter by placing the address confirmation notice in the envelope marked “Registrar of Voters” and attaching the envelope to the precinct register.
(3) If the name of a qualified voter was omitted from the precinct register, the commissioner shall:
(a) Contact the registrar of voters or the secretary of state to ascertain whether or not the person applying to vote is registered to vote in that precinct.
(b) In the absence of a valid challenge of the voter and confirmation from the registrar of voters or secretary of state that the applicant is registered to vote in the precinct, allow the applicant to sign a precinct register correction affidavit before a commissioner attesting that he is a qualified registered voter and describing the omission in the voter records and print the voter’s name in the precinct register behind the precinct register correction affidavit tab.
(c) Preserve the applicant’s original affidavit as part of the election records by placing it in the envelope marked “Registrar of Voters” and attach the envelope to the precinct register after the termination of voting.
(4) If the name of a qualified voter was incorrectly printed on the precinct register, the commissioner shall:
(a) Allow the applicant to complete a voter registration application to update his voter registration record.
(b) Preserve the voter registration application as part of the election records by placing it in the envelope marked “Registrar of Voters” and attach the envelope to the precinct register after the termination of voting.
C. Handwritten signature of the applicant. If the applicant is able to sign his name, he shall sign his handwritten signature in ink in the space for his signature on the precinct register. When the applicant has submitted to the commissioners picture identification that contains the signature of the applicant, the applicant’s signature shall be compared to his signature on the picture identification. If the applicant is unable to sign his name, he shall make his mark in ink in the proper space on the precinct register.
D. Procedure after identification. If satisfied that the applicant has identified himself as the voter named on the precinct register and that he is qualified to vote, a commissioner shall initial the precinct register opposite the voter’s signature or mark. The voter then shall be allowed to vote.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978. Amended by Acts 1977, No. 523, §1, eff. Jan. 1, 1978; Acts 1980, No. 506, §1, eff. Jan. 1, 1981; Acts 1986, No. 669, §1; Acts 1988, No. 909, §1, eff. Jan. 1, 1989; Acts 1993, No. 418, §1, eff. Jan. 1, 1994; Acts 1994, 3rd Ex. Sess., No. 10, §1, eff. Jan. 1, 1995; Acts 1997, No. 779, §1; Acts 1999, No. 254, §1, eff. Jan. 1, 2000; Acts 2001, No. 1032, §7; Acts 2001, No. 1181, §1, eff. Jan. 1, 2002; Acts 2005, No. 220, §4, eff. Jan. 1, 2006; Acts 2007, No. 240, §1; Acts 2009, No. 369, §1; Acts 2012, No. 138, §1, eff. May 14, 2012; Acts 2018, No. 584, §3, eff. Jan. 1, 2019; Acts 2019, No. 133, §1, eff. Jan. 1, 2020; Acts 2023, No. 91, §1, eff. June 6, 2023.