Louisiana Revised Statutes 18:566 – Provisional voting for federal office; polling place and early voting
Terms Used In Louisiana Revised Statutes 18:566
- 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.
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
A. In an election for federal office, when an applicant’s name does not appear on the precinct register and the registrar of voters or secretary of state has not authorized the applicant to vote by precinct register correction affidavit as provided in La. Rev. Stat. 18:562, or the commissioners assert that the applicant is not eligible to vote, and the applicant declares himself to be a registered voter and eligible to vote in the election for federal office, the applicant may cast a provisional ballot for candidates for federal office.
B. The procedure for provisional voting for federal office at a polling place shall be as follows:
(1) The applicant shall first fill in the blanks on the provisional ballot envelope and sign the included certificate in the presence of a commissioner attesting that the applicant is a registered voter in the parish and is eligible to vote in the election for federal office. The applicant shall then sign the precinct register on the page marked “Provisional Voters”. The commissioner shall record the provisional ballot number on the certificate and then shall provide the applicant the provisional ballot envelope and the provisional ballot listing the federal offices. The applicant shall then mark the provisional ballot according to the printed instructions on its face, place the ballot in the provisional ballot envelope, seal the envelope, and return the provisional ballot envelope to the commissioner. The applicant shall be allowed to mark the provisional ballot in an area and in a manner that protects the secrecy of his vote. The commissioner shall place the provisional ballot envelope inside the envelope marked “Provisional Ballot”. The “Provisional Ballot” envelope shall be returned to the registrar of voters, in care of the clerk of court, on election night.
(2) The commissioner shall provide an applicant who casts a provisional ballot with written instructions for how the applicant may ascertain whether the provisional vote was counted, and, if the provisional vote was not counted, the reason the vote was not counted.
C. In an election for federal office during the period of early voting, when an applicant’s name does not appear on the precinct register and the registrar of voters has not authorized the applicant to vote, or the registrar or deputy registrar asserts that the applicant is not eligible to vote, and the applicant declares himself to be a registered voter and eligible to vote in the election for federal office, the applicant shall be permitted to cast an early voting provisional ballot for candidates for federal office.
D. The procedure for provisional voting for federal office during the period of early voting shall be as follows:
(1) The applicant shall first fill in the blanks on the provisional ballot envelope and sign the included certificate in the presence of the registrar or deputy registrar attesting that the applicant is a registered voter in the parish and is eligible to vote in the election for federal office. The applicant shall then sign the precinct register on the page marked “Provisional Voters”. If the applicant is voting at a branch office of the registrar, the applicant shall be required to sign and date a register for early voting provisional voters kept by the registrar prior to voting by provisional ballot. The registrar or deputy registrar shall record the provisional ballot number on the certificate and then shall provide the applicant the provisional ballot envelope and the provisional ballot listing the federal offices. The applicant shall then mark the provisional ballot according to the printed instructions on its face, place the ballot in the provisional ballot envelope, seal the envelope, and return the provisional ballot envelope to the registrar or deputy registrar. The applicant shall be allowed to mark the provisional ballot in an area and in a manner that protects the secrecy of his vote. The registrar or deputy registrar shall place the provisional ballot envelope inside the envelope marked “Early Voting Provisional Ballot”.
(2) The registrar or deputy registrar shall provide an applicant who casts an early voting provisional ballot with written instructions for how the applicant may ascertain whether the provisional vote was counted, and, if the provisional vote was not counted, the reason the vote was not counted.
Acts 2003, No. 423, §1, eff. Jan 1, 2004; Acts 2004, No. 526, §2, eff. June 25, 2004; Acts 2005, No. 220, §4, eff. Jan. 1, 2006; Acts 2018, No. 584, §2; Acts 2023, No. 91, §1, eff. June 6, 2023.