§ La. R.S. 18:1333(untitled)

Nursing home early voting program; voting by persons residing in a nursing home
A. For purposes of this Section, the term "nursing home" shall have the meaning ascribed to it in
R.S. 40:2009.2 and, with respect to a person with a physical disability who resides in a hospital for an
extended period of time by reason of a physical disability that makes it improbable that he will be able to
vote in person at the polls on election day or during early voting, the term also shall mean a hospital.
"Nursing home" for the purpose of this Section shall also mean a veterans' home operated by the state or
federal government.
B. A qualified voter who resides in a nursing home within the parish in which the voter is entitled
to vote may vote early as provided in this Section during the period extending at least two weeks prior to the
beginning day for early voting through the last day for early voting established by R.S. 18:1309.
C. The following voters shall be eligible to vote pursuant to this Section:
(1) A voter who prior to January 1, 2010, was approved by a parish board of election supervisors
as being eligible to participate in the Special Program for Handicapped Voters as such program existed prior
to January 1, 2010, and who is a resident or has become a resident of a nursing home.
(2) A voter who is a resident of a nursing home who provides to the registrar of voters a certification
from the voter which indicates that the voter is a resident of the nursing home.
D.(1) A voter qualified to vote under this Section shall make application in writing to vote pursuant
to this Section to the registrar of voters. An application to vote as provided in this Section shall be submitted
to and received by the registrar of voters at least thirty days prior to the election. Such application may be
submitted by mail, commercial carrier, or hand delivery. The application shall be submitted over the voter's
signature or mark if the voter is unable to sign his name, signed by the registrar, deputy registrar, or one
witness; provide the name of the voter and the address of the nursing home; and if qualified pursuant to
Paragraph (C)(2) of this Section, provide a certification from the voter which indicates that the voter is a
resident of the nursing home.
(2) An application to vote in the nursing home early voting program that satisfies the requirements
of this Section shall remain valid indefinitely unless the voter submits a written request to the registrar to be
removed from the program, the letter provided for in Subsection E of this Section is returned to the registrar
or voters as undeliverable, or the voter no longer resides in the nursing home listed in his application.
However, if the voter has become a resident of a different nursing home in the parish and has notified the
registrar of voters in writing of the change of nursing home address, his application shall remain valid.
(3) If the letter provided for in Subsection E of this Section is returned to the registrar of voters as
undeliverable, the registrar shall mail an address confirmation notice to the voter as provided in R.S.
18:198(A).
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R.S. 18:1333
E. The registrar shall notify the applicant by letter, at the return nursing home address shown on the
request, the day on which a deputy registrar or other qualified person selected by the registrar will be present
at the nursing home to permit the applicant to cast his ballot. The registrar shall assign a number to the
applicant which shall appear in clearly distinguishable figures on the letter and on the absentee by mail ballot
envelope that will contain the absentee by mail ballot to be delivered to that applicant on the day designated
in the letter. If the letter is mailed by the registrar prior to his receipt of the absentee by mail ballots for the
election, the registrar shall enter the name of the applicant; his address, ward, and precinct; and the number
assigned to the applicant on a list that the registrar shall keep for the purpose and, upon receipt of the
absentee by mail ballots for the election, the registrar shall enter the number on the absentee by mail ballot
envelope as provided in this Subsection.
F.(1) On the day within the period fixed by law for nursing home early voting specified in the letter
to the applicant as provided in Subsection E of this Section, the registrar shall go to each nursing home within
the parish wherein reside one or more voters who are eligible to vote pursuant to this Section and to whom
the registrar mailed the letter provided for in Subsection E of this Section.
(2) The registrar shall have in his possession such materials and supplies as are needed to permit
each of such voters to cast an absentee by mail ballot, including but not restricted to absentee by mail ballot
envelopes, each of which bears the number corresponding to the number entered on the letter mailed to the
applicant as provided by Subsection E of this Section, instructions, certificates, envelopes, acknowledgment
forms required by Paragraph (G)(4) of this Section, and a portable container equipped with a lock and an
open slot in its top surface of sufficient size to permit a completed ballot envelope to be deposited in the
container. The registrar shall lock the container before he removes it from his office.
G. The voting by each voter shall be accomplished in the following manner:
(1) The voter shall present to the registrar the letter the voter received from the registrar that bears
the reply number assigned as provided in Subsection E of this Section. The registrar shall compare the
number on the letter with the number on the absentee by mail ballot envelope in his possession and, if they
are identical, the registrar shall hand the envelope containing the absentee by mail ballot to the voter.
However, if the voter is on the inactive list of voters, the voter shall complete an address confirmation notice
prior to receiving the envelope containing the absentee by mail ballot.
(2) Unless requested by the voter to assist him in voting as provided in Paragraph (4) of this
Subsection, the registrar shall retire from the presence of the voter while the voter marks his ballot and
completes his ballot envelope.
(3) The voter shall mark his ballot as provided in R.S. 18:1310(A). The voter then shall place the
absentee by mail ballot in the absentee by mail ballot envelope, sign the included certificate, and seal the
envelope.
(4)(a) The voter may receive assistance from any person selected by him, except a person who is
prohibited from assisting a voter pursuant to R.S. 18:1309.3 and the owner, operator, or administrator of the
nursing home or an employee of any of them. However, no person except a spouse, blood relative, or the
registrar may assist more than one voter in voting.
(b) Any person who assists the voter in signing his name or marking his ballot shall explain to the
voter that a signature or mark so made constitutes certification that all statements in the certificate are true
and correct and that any person who knowingly provides false or incorrect statements is subject to a fine or
imprisonment, or both.
(c) Any person who assists the voter shall execute an acknowledgment, on a form which shall be
prescribed and furnished to the registrar of voters by the secretary of state and made available by the registrar
of voters through the deputy registrar who appears at the nursing home, verifying that he has marked the
ballot in the manner dictated by the voter.
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R.S. 18:1334
(5) The voter shall notify the registrar when he has completed his voting, and the voter shall place
the sealed absentee by mail ballot envelope in the locked metal box.
(6)(a) The registrar shall proceed in the above described manner and using the same procedure for
each voter in the nursing home who is qualified to vote in that election.
(b) Upon returning to the registrar's office, the registrar shall unlock the container containing the
absentee by mail ballots, remove them from the container, and otherwise follow the procedures for the
posting of the name of the voter, and other procedures as required by R.S. 18:1311 and other applicable
provisions of the Election Code relating to absentee by mail and early voting ballots.
(7) Upon receipt of an address confirmation notice, the registrar shall reinstate the voter to the
official list of voters.
H. Notwithstanding the provisions of this Section, the registrar may utilize the same voting
procedures, voting machines, and equipment used for early voting to conduct voting under this Section.
I. The secretary of state may adopt such rules and regulations as are necessary to effectuate the
provisions of this Section.