RS 18:401.3

§401.3. Emergency plan by secretary of state; gubernatorial and legislative approval A. Due to the occurrence of a gubernatorially declared emergency or disaster occurring before or during a regularly scheduled or special election, and in order to ensure maximum citizen participation in the electoral process and provide a safe and orderly procedure for persons seeking to exercise their right to vote, minimize to whatever degree possible a person's exposure to danger during declared states of emergency, and protect the integrity of the electoral process, it is hereby declared to be necessary to provide a procedure for the development of an emergency plan for the holding of elections impaired as a result of such an emergency or disaster. B.(1)(a) After the issuance of an executive order by the governor declaring a state of emergency or disaster and if the secretary of state determines that such emergency or disaster impairs an election that may otherwise be held except for technical, mechanical, or logistical problems with respect to the relocation or consolidation of polling places within the parish, potential shortages of commissioners and absentee commissioners, shortages of voting machines, or other impairments that affect participation in or the integrity of the electoral process, the secretary of state shall certify such facts and the reasons therefor to the governor, the Senate Committee on Senate and Governmental Affairs, and the House Committee on House and Governmental Affairs. (b)(i) The Senate Committee on Senate and Governmental Affairs and the House Committee on House and Governmental Affairs shall meet and function as a joint committee for all purposes pursuant to this Section. No action shall be taken by the joint committee except by the favorable vote of a majority of the members thereof from each house present and voting, each house voting separately. (ii) The joint committee shall meet no later than ten days following receipt of the certification. (c) If the governor and a majority of the members of each committee concur that such an emergency plan is necessary, the secretary of state shall develop an emergency plan in writing that proposes a resolution to technical, mechanical, or logistical problems impairing the holding of the election with respect to the relocation or consolidation of polling places within the parish, potential shortages of commissioners and absentee commissioners, shortages of voting machines, or other impairments that affect participation in or the integrity of the electoral process. The secretary of state may also present alternative written emergency plans at the same time. (2) If, in addition to the resolution of the problems as provided in Paragraph (1) of this Subsection, the secretary of state determines that it is necessary and feasible to conduct early voting to enable affected voters to vote, the secretary of state may include in the emergency plan a proposal to conduct early voting at times and locations which are accessible to affected voters. C.(1) The written emergency plan and any alternatives shall be submitted by the secretary of state to the Senate Committee on Senate and Governmental Affairs, the House Committee on House and Governmental Affairs, and the governor either at the same time as he submits the certification or as soon as practicable following the joint committee's and the governor's concurrence with his certification. The joint committee shall meet no later than ten days following receipt of the emergency plan. The secretary of state may incorporate changes suggested and approved by the joint committee into the emergency plan. If a majority of the members of the Senate Committee on Senate and Governmental Affairs and of the House Committee on House and Governmental Affairs approve the emergency plan or an alternative emergency plan, the approved plan shall be submitted to the members of each house of the legislature for approval by mail ballot as provided in this Section. If a majority of the members of each house of the legislature and the governor approve the emergency plan or if the legislature overrides the governor's disapproval of the emergency plan as provided in Subsection E of this Section, the secretary of state shall take all steps necessary to implement the plan and all officials of the state and of any political subdivision thereof shall cooperate with and provide assistance to the secretary of state as necessary to implement the plan. (2) The joint committee shall send notice to the governor of each meeting held pursuant to this Section. The governor or his designee may attend each joint meeting held pursuant to this Section and may provide recommendations to the joint committee regarding the emergency plan. D.(1) In order to obtain the approval of a majority of the elected members of each house of the legislature, the secretary of the Senate and the clerk of the House of Representatives shall jointly prepare and transmit a ballot to each member of the legislature by certified mail with return receipt requested unless the legislature is in session and the ballots may be distributed and returned during the session as soon as possible in the manner provided in this Subsection. (2)(a) The ballot shall be uniform and the materials sent with the ballot shall include: (i) A copy of the secretary of state's certification that the emergency or disaster impairs an election that may otherwise be held and the reasons therefor. (ii) A copy of the emergency plan approved by the joint committee. (iii) A copy of the roll call votes of the Senate Committee on Senate and Governmental Affairs and the House Committee on House and Governmental Affairs on the approval of the emergency plan. (iv) The date and time on which the ballot may be returned to the secretary of the Senate or the clerk of the House of Representatives, as the case may be, in order for the ballot to be valid. (b) Each ballot shall contain the name of the member to whom it is to be mailed or delivered, and the member shall sign the ballot after casting his vote. (3)(a) The ballots mailed to all members shall be postmarked on the same day and shall be returned to the secretary of the Senate or the clerk of the House of Representatives, as the case may be, within fifteen days after the postmarked date; or, when such ballots are delivered to the members of the legislature while in session, the ballots shall be returned to the secretary of the Senate or the clerk of the House of Representatives, as the case may be, within five days after the date the ballots were delivered to members. No ballot received after five o'clock p.m. on the fifth day after the date on which the ballots were delivered to the members during session or after five o'clock p.m. on the fifteenth day after the date on which the ballots were mailed shall be valid or counted, and the date and time received shall be marked on each such ballot and the ballot shall be marked "Invalid." Prior to five o'clock p.m. on the fifth day after the date when delivered to the members of the legislature while in session or prior to five o'clock p.m. on the fifteenth day after the postmarked date if mailed to the members of the legislature, a member may withdraw his ballot or change his vote upon his written request. (b) If the emergency is declared within sixty days prior to the date of the election when the legislature is not in session, the joint committee may require that ballots be returned within five days. The secretary of the Senate and the clerk of the House of Representatives shall utilize any method necessary to deliver the ballots, including commercial delivery, electronic transmission, or hand delivery, and shall keep a record of the manner of delivery utilized to deliver the ballot to each member and the date the ballot was so transmitted to each member. When such ballots are delivered to the members of the legislature while in session, the ballots shall be returned to the secretary of the Senate or the clerk of the House of Representatives, as the case may be, within five days after the date the ballots were delivered to members. (4) At any time after the deadline for submitting the ballots as provided in Subparagraph (3)(a) of this Subsection, but prior to the eighteenth day after the date on which the ballots were mailed, or prior to the eighth day after the date on which the ballots were delivered to the members of the legislature in session or delivered pursuant to Subparagraph (3)(b) of this Subsection, the secretary of the Senate and the clerk of the House of Representatives shall jointly open and tabulate the vote in roll call order for each house of the legislature. The clerk and the secretary shall hold such ballots unopened and shall not disclose the contents to any person until the day when such ballots are opened and tabulated. The tabulation sheet shall indicate by name each member who voted in favor of the plan, each member who voted against the plan, each member who did not return the ballot by the deadline, and each member whose ballot was invalid because it was not marked or signed by the member. The secretary of the Senate and the clerk of the House of Representatives shall each sign the tabulation sheet and cause a certified copy thereof to be transmitted to the secretary of state, the governor, and the chairmen of the Senate Committee on Senate and Governmental Affairs and House Committee on House and Governmental Affairs. (5) The tabulation sheet shall be a public record. (6) If regular mail service is impaired, the secretary of the Senate and the clerk of the House of Representatives shall utilize any method necessary to deliver the ballots, including commercial delivery, electronic transmission, or hand delivery, and shall keep a record of the manner of delivery utilized to deliver the ballot to each member and the date the ballot was so transmitted to each member. For the purposes of this Subsection, if such an alternative delivery method is so required, the date on which the ballot was so transmitted shall be considered to be the date postmarked. E. If a majority of the elected members of each house of the legislature approve the emergency plan, the governor shall either approve or disapprove the plan no later than five days after he receives the certified tabulation sheet. If the governor approves the plan, he shall immediately send a written message of approval to the secretary of state and the chairmen of the Senate Committee on Senate and Governmental Affairs and House Committee on House and Governmental Affairs. If the governor disapproves of the plan, he shall immediately send a written message of disapproval to the secretary of the Senate and the clerk of the House of Representatives. The secretary and the clerk shall immediately and jointly prepare and transmit a ballot to each member of the legislature utilizing the same procedures and deadlines provided in Subsection D of this Section. The ballot shall contain a question phrased to allow each member to cast his vote for or against overriding the governor's disapproval of the emergency election plan. If two-thirds of the elected members of each house vote to override the governor's disapproval of the emergency election plan, the secretary of state shall implement the plan in the manner provided by Subsection C of this Section. Acts 2005, 1st Ex. Sess., No. 40, §1, eff. Dec. 6, 2005; Acts 2006, No. 403, §1, eff. June 15, 2006; Acts 2006, No. 504, §1, eff. June 22, 2006; Acts 2022, No. 286, §1.