§ La. R.S. 18:425.2(untitled)

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Election officials; requirements and prohibitions
A. An election official who receives a federal directive or guidance pertaining to elections that is
not published on the secretary of state's website or is offered new federal funding for the purpose of funding
elections and wishes to implement the directive or guidance or accept the funding shall notify the secretary
of state of such funding, directive, or guidance within five business days after receipt.
B.(1) Except as provided in Subsection C of this Section, no election official shall implement any
federal directive or guidance pertaining to elections or be authorized to accept or disburse new federal
funding for the purpose of funding elections without either an explicit state or federal legal requirement to
do so or prior approval of the House Committee on House and Governmental Affairs and the Senate
Committee on Senate and Governmental Affairs as provided by this Subsection.
(2) If the secretary of state wishes to seek approval of such implementation or authorization by the
House Committee on House and Governmental Affairs and the Senate Committee on Senate and
Governmental Affairs, the secretary shall submit such request to the chairman of each committee within five
business days of the receipt of the notification by the secretary of state pursuant to Subsection A of this
Section. Each election official shall implement or refrain from implementing the directive or guidance or
accept or disburse or refrain from accepting or disbursing new federal funding as follows:
(a) If, after consulting with the secretary of state or his designee, both committees vote to approve
implementation or authorize acceptance and disbursal, the official shall implement the directive or guidance
or accept or disburse the federal funding.
(b) If neither committee votes, within thirty days after receipt of the request from the secretary of
state, to prohibit implementation or acceptance and disbursal, the official shall implement the directive or
guidance or accept or disburse the federal funding.
(c) If, after consulting with the secretary of state or his designee, either committee votes, within
thirty days after receipt of the request from the secretary of state, to prohibit the implementation or
acceptance and disbursal, the official shall not implement the directive or guidance or accept or disburse the
federal funding.
C. Within ninety days of the initial declaration of a state of emergency, the secretary of state may
implement any federal directive or guidance pertaining to elections or authorize the acceptance or disbursal
of new federal funding for the purpose of funding elections without either an explicit state or federal legal
requirement to do so by publishing the directive or authorization on his website and giving immediate
notification of the directive or authorization to the House Committee on House and Governmental Affairs
and the Senate Committee on Senate and Governmental Affairs. The secretary of state's authorization shall
expire thirty days after publication unless the House Committee on House and Governmental Affairs and the
Senate Committee on Senate and Governmental Affairs approve the directive or guidance or authorize the
acceptance and disbursal of funds as provided in Paragraph (B)(2) of this Section.
House of Representatives Database
Louisiana Election Code – 91
R.S. 18:426.1
D. If an election official accepts and disburses federal election funds in violation of this Section,
the attorney general shall pursue any available legal means to enjoin the official from doing so and to recover
expended funds.
E. This Section shall not apply to funds provided pursuant to the Help America Vote Act or any
other funding subject to state or federal law regarding its acceptance and disbursal.
F. Not later than March first of each year, the secretary of state shall report to the House Committee
on House and Governmental Affairs and the Senate Committee on Senate and Governmental Affairs the
following information for the prior calendar year:
(1) Notifications received by the secretary of state from local election officials pursuant to
Subsection A of this Section.
(2) The source and amount of any federal funding, including grant awards, received within the prior
calendar year by the department or local election officials for the purpose of conducting elections.
G. For purposes of this Section, "election official" has the same meaning as provided in R.S.
18:1466.

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