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Louisiana Statutes § 18:1307 Application by mail

⤴ Up to Chapter 7: Absentee by Mail and Early Voting

Statute Text

Effective Until 1/1/2025

A. A person qualified to vote absentee by mail under this Chapter may make application therefor to the registrar by letter; over his signature or mark if the voter is unable to sign his name, signed by two witnesses who witnessed the applicant's mark; setting forth:
(1) The election or elections for which he requests an absentee ballot.
(2) The reason for his request to vote absentee by mail and attaching any documents in support thereof that are required by law. Any person who is or expects to be temporarily outside the territorial limits of the state or absent from the parish in which he is qualified to vote during the early voting period and on election day and who requests an absentee ballot be mailed to an address within the parish shall indicate in his application the dates he will be outside the territorial limits of the state or absent from the parish.
(3) The address to which the absentee ballot or ballots shall be sent. If the address is within the parish or an adjacent parish, such address shall only be the address at which the applicant is registered to vote, his mailing address on file with the registrar of voters, or an address at which he regularly receives mail.
(4) Notwithstanding Paragraph (3) of this Subsection, the absentee by mail ballots shall not be sent to the following addresses:
(a) The address of a political party.
(b) The residential, business, or campaign address of a candidate, unless the address is for the candidate's ballot or a ballot of an immediate family member of the candidate.
(c) A business address, unless the business address is the mailing address on file with the registrar of voters or an address at which the person regularly receives mail.
(d) The address of a political organization as defined in 26 U.S.C. 527 .
(e) The address of an organization which has tax-exempt status under Section 501(c)(3) or (4) of the Internal Revenue Code, unless the organization address is the mailing address on file with the registrar of voters or an address at which the person regularly receives mail.
(5) The ward and precinct in which the person is qualified to vote, if known.
(6) The date of birth of the voter.
(7) The maiden name of the voter's mother or other identifying information provided in the voter's application for registration pursuant to R.S. 18:104 .
(8) The street address in the parish where the voter resides. A post office box is insufficient.
(9) If the person requests that a ballot for a general election be sent in addition to a ballot for the primary, he shall declare in writing to the registrar that he will be eligible to vote absentee by mail in the general election.
B.
(1)
(a)
(i) An application to vote by mail may be delivered to the registrar by any means, including the United States Postal Service, commercial delivery service, hand delivery, or facsimile.
(ii) If hand delivered by other than a commercial delivery service or the United States Postal Service, the registrar shall require that the person making such delivery sign the application. No person, except the immediate family of any voter, shall hand deliver more than one voter's application to vote by mail to the registrar of voters.
(iii) If sent by facsimile, the person sending the application by facsimile shall sign the application to indicate that he is the sender and shall include the facsimile number from where the facsimile was sent. No person, except the immediate family of any voter, shall send by facsimile more than one voter's application to vote by mail to the registrar of voters. However, the provisions of this Item shall not apply to an application by a person who is entitled to vote pursuant to the Uniformed and Overseas Citizens Absentee Voting Act.
(b) An application to vote by mail transmitted by facsimile to the registrar of voters shall not be sent on a facsimile machine that is owned, operated, or under the control of a candidate or agent of a party or campaign in the election, unless the application is for the candidate.
(c) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, with respect to members of the United States Service and persons residing outside the United States who are registered to vote, an application to vote by mail may be delivered to the registrar by electronic transmission.
(d) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, with respect to applicants who have a valid Louisiana driver's license or Louisiana special identification card issued pursuant to R.S. 40:1321 who are registered to vote, an application to vote by mail may be made by completing and submitting an electronic application to vote by mail on the secretary of state's website.
(2) Except as provided in Subsections C and D of this Section and R.S. 18:1333 (D)(1) , an application must be received by the registrar not later than 4:30 p.m. on the fourth day prior to the election for which it is requested, and the date received shall be noted thereon. However, if the deadline falls on a Saturday, Sunday, or other legal holiday, then the next day which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day of the deadline.
C. If the applicant is a member of the United States Service or resides outside the United States, he may use the federal postcard application or an application electronically transmitted by the registrar or secretary of state, and the application shall be received by the registrar no later than 4:30 p.m. on the day before the election. Such application shall be valid for a period extending at least one year from the date the application is received in the office of the registrar of voters; such period shall include at least one regularly scheduled federal general election. If the registrar rejects the application of an applicant who is a member of the United States Service or resides outside the United States, the registrar shall provide the applicant with written reasons for the rejection.
D. If the applicant is eligible to vote absentee by mail pursuant to R.S. 18:1303 (D)(1) and submits with his application documentation showing his hospitalization from his physician or the hospital, the application shall be received by the registrar of voters no later than 4:30 p.m. on the day before the election.
E. A person entitled to vote absentee by mail may request in his application for an absentee ballot for a primary election that an absentee ballot for the succeeding general election be sent to him when such ballots become available for distribution; however, in such case, the applicant shall declare in writing to the registrar that he will be eligible to vote absentee by mail in the general election.
F. The registrar shall not send an absentee ballot to an applicant whose application for an absentee ballot does not meet the requirements of Subsection A or B of this Section. If the registrar rejects an application for an absentee ballot, the registrar shall provide the applicant with written reasons for the rejection.
G. If the applicant is eligible to vote absentee by mail pursuant to R.S. 18:1303 (F), (I), or (J) , his application, if such application meets the requirements of this Section, may remain valid indefinitely upon request of the applicant, unless an absentee by mail ballot that has been sent to the applicant is returned to the registrar as undeliverable. If the applicant's absentee by mail ballot is returned to the registrar as undeliverable, the registrar shall send notice by forwardable mail to such applicant that his application will no longer be valid, and the applicant shall be required to submit a new application to the registrar that meets the requirements of this Section and provide a current address before the applicant will be eligible to vote absentee by mail again pursuant to this Section.
H. If the applicant is eligible to vote absentee by mail pursuant to R.S. 18:1303 (H) , his application, if such application meets the requirements of this Section, shall remain valid as long as the applicant is a program participant in the Department of State Address Confidentiality Program pursuant to Part III of Chapter 1 of Title 44 of the Louisiana Revised Statutes of 1950. When the applicant ceases participation in the program, the Department of State shall notify the registrar of the parish where the applicant is registered to vote that the applicant is no longer a participant in the program. Upon receipt of the notification from the Department of State, the registrar shall send notice by forwardable mail to the applicant that his application will no longer be valid, and the applicant shall be required to submit a new application to the registrar that meets the requirements of this Section and provide a current address before the applicant will be eligible to vote absentee by mail again pursuant to this Section.
I. If the registrar of voters has reason to believe that the eligibility of a voter to vote absentee by mail pursuant to R.S. 18:1303 (I) is based upon false or fraudulent information, he shall immediately notify the parish board of election supervisors. If, after appropriate hearing and opportunity for the voter to be heard, the parish board of election supervisors finds that the voter's eligibility to vote absentee by mail was based upon false or fraudulent information, the board shall inform the appropriate district attorney and the registrar of voters who shall not allow the voter to vote absentee by mail pursuant to R.S. 18:1303 (I) .

Source

Acts 1976, No. 697, §1, eff. Jan. 1, 1978. Amended by Acts 1977, No. 513, §1, eff. Jan. 1, 1978; Acts 1980, No. 506, §1, eff. Jan. 1, 1981; Acts 1985, No. 754, §1; Acts 1990, No. 107, §1, eff. Jan. 1, 1991; Acts 1997, No. 1420, §1, eff. Jan. 1, 1998; Acts 1999, No. 254, §1, eff. Jan. 1, 2000; Acts 2001, No. 1181, §1, eff. Jan. 1, 2002; Acts 2002, 1st Ex. Sess., No. 130, §§1 and 3, eff. April 23, 2002; Acts 2003, No. 339, §1, eff. June 13, 2003; Acts 2003, No. 1220, §2, eff. July 3, 2003; Acts 2004, No. 526, §1, eff. Jan. 1, 2005, §2, eff. June 25, 2004; Acts 2005, No. 220, §1, eff. Jan. 1, 2006; Acts 2005, No. 431, §1, eff. Jan. 1, 2006; Acts 2006, No. 560, §1, eff. Jan. 1, 2007; Acts 2007, No. 124, §1; Acts 2007, No. 240, §1; Acts 2008, No. 136, §1, eff. June 6, 2008; Acts 2008, No. 599, §1; Acts 2009, No. 369, §1; Acts 2009, No. 436, §1, eff. Jan. 1, 2010; Acts 2010 , No. 570 , § 1 , eff. Jan. 1, 2011; Acts 2011 , No. 195 , § 1 , eff. June 24, 2011; Acts 2012 , No. 138 , § 1 , eff. May 14, 2012; Acts 2016 , No. 281 , § 1 , eff. May 31, 2016; Acts 2017 , No. 176 , § 1 , eff. June 14, 2017; Acts 2020 , No. 210 , § 1 , eff. June 11, 2020.

History

Amended by Acts 2020 , No. 210 , s. 1 , eff. 6/11/2020 .

Amended by Acts 2017 , No. 176 , s. 1 , eff. 6/14/2017 .

Amended by Acts 2016 , No. 281 , s. 1 , eff. 5/27/2016 .

Acts 1976, No. 697, §1, eff. 1/1/1978 . Amended by Acts 1977, No. 513, §1, eff. 1/1/1978 ; Acts 1980, No. 506, §1, eff. 1/1/1981 ; Acts 1985, No. 754, §1; Acts 1990, No. 107, §1, eff. 1/1/1991 ; Acts 1997, No. 1420, §1, eff. 1/1/1998 ; Acts 1999, No. 254, §1, eff. 1/1/2000 ; Acts 2001, No. 1181, §1, eff. 1/1/2002 ; Acts 2002, 1st Ex. Sess., No. 130, §§1 and 3, eff. 4/23/2002 ; Acts 2003, No. 339, §1, eff. 6/13/2003 ; Acts 2003, No. 1220, §2, eff. 7/3/2003 ; Acts 2004, No. 526, §1, eff. 1/1/2005 , §2, eff. 6/25/2004 ; Acts 2005, No. 220, §1, eff. 1/1/2006 ; Acts 2005, No. 431, §1, eff. 1/1/2006 ; Acts 2006, No. 560, §1, eff. 1/1/2007 ; Acts 2007, No. 124, §1; Acts 2007, No. 240, §1; Acts 2008, No. 136, §1, eff. 6/6/2008 ; Acts 2008, No. 599, §1; Acts 2009, No. 369, §1; Acts 2009, No. 436, §1, eff. 1/1/2010 ; Acts 2010 , No. 570 , § 1 , eff. 1/1/2011 ; Acts 2011 , No. 195 , § 1 , eff. 6/24/2011 ; Acts 2012 , No. 138 , § 1 , eff. 5/14/2012 .

Effective Starting 1/1/2025

A. A person qualified to vote absentee by mail under this Chapter may make application therefor to the registrar by letter; over his signature or mark if the voter is unable to sign his name, signed by two witnesses who witnessed the applicant's mark; setting forth:
(1) The election or elections for which he requests an absentee ballot.
(2) The reason for his request to vote absentee by mail and attaching any documents in support thereof that are required by law. Any person who is or expects to be temporarily outside the territorial limits of the state or absent from the parish in which he is qualified to vote during the early voting period and on election day and who requests an absentee ballot be mailed to an address within the parish shall indicate in his application the dates he will be outside the territorial limits of the state or absent from the parish.
(3) The address to which the absentee ballot or ballots shall be sent. If the address is within the parish or an adjacent parish, such address shall only be the address at which the applicant is registered to vote, his mailing address on file with the registrar of voters, or an address at which he regularly receives mail.
(4) Notwithstanding Paragraph (3) of this Subsection, the absentee by mail ballots shall not be sent to the following addresses:
(a) The address of a political party.
(b) The residential, business, or campaign address of a candidate, unless the address is for the candidate's ballot or a ballot of an immediate family member of the candidate.
(c) A business address, unless the business address is the mailing address on file with the registrar of voters or an address at which the person regularly receives mail.
(d) The address of a political organization as defined in 26 U.S.C. 527 .
(e) The address of an organization which has tax-exempt status under Section 501(c)(3) or (4) of the Internal Revenue Code, unless the organization address is the mailing address on file with the registrar of voters or an address at which the person regularly receives mail.
(5) The ward and precinct in which the person is qualified to vote, if known.
(6) The date of birth of the voter.
(7) The maiden name of the voter's mother or other identifying information provided in the voter's application for registration pursuant to R.S. 18:104 .
(8) The street address in the parish where the voter resides. A post office box is insufficient.
(9) If the person requests that a ballot for a general election be sent in addition to a ballot for the primary, he shall declare in writing to the registrar that he will be eligible to vote absentee by mail in the general election.
B.
(1)
(a)
(i) An application to vote by mail may be delivered to the registrar by any means, including the United States Postal Service, commercial delivery service, hand delivery, or facsimile. No person except the immediate family member of the voter, as defined in this Code, shall submit by any means or send for delivery by the United States Postal Service or commercial courier more than one marked ballot application per election to the registrar of voters.
(ii) If hand delivered by other than a commercial delivery service or the United States Postal Service, the registrar shall require that the person making such delivery sign the application. No person, except the immediate family of any voter, shall hand deliver more than one voter's application to vote by mail to the registrar of voters.
(iii) If sent by facsimile, the person sending the application by facsimile shall sign the application to indicate that he is the sender and shall include the facsimile number from where the facsimile was sent. No person, except the immediate family of any voter, shall send by facsimile more than one voter's application to vote by mail to the registrar of voters. However, the provisions of this Item shall not apply to an application by a person who is entitled to vote pursuant to the Uniformed and Overseas Citizens Absentee Voting Act.
(b) An application to vote by mail transmitted by facsimile to the registrar of voters shall not be sent on a facsimile machine that is owned, operated, or under the control of a candidate or agent of a party or campaign in the election, unless the application is for the candidate.
(c) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, with respect to members of the United States Service and persons residing outside the United States who are registered to vote, an application to vote by mail may be delivered to the registrar by electronic transmission.
(d) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, with respect to applicants who have a valid Louisiana driver's license or Louisiana special identification card issued pursuant to R.S. 40:1321 who are registered to vote, an application to vote by mail may be made by completing and submitting an electronic application to vote by mail on the secretary of state's website.
(2) Except as provided in Subsections C and D of this Section and R.S. 18:1333 (D)(1) , an application must be received by the registrar not later than 4:30 p.m. on the fourth day prior to the election for which it is requested, and the date received shall be noted thereon. However, if the deadline falls on a Saturday, Sunday, or other legal holiday, then the next day which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day of the deadline.
C. If the applicant is a member of the United States Service or resides outside the United States, he may use the federal postcard application or an application electronically transmitted by the registrar or secretary of state, and the application shall be received by the registrar no later than 4:30 p.m. on the day before the election. Such application shall be valid for a period extending at least one year from the date the application is received in the office of the registrar of voters; such period shall include at least one regularly scheduled federal general election. If the registrar rejects the application of an applicant who is a member of the United States Service or resides outside the United States, the registrar shall provide the applicant with written reasons for the rejection.
D. If the applicant is eligible to vote absentee by mail pursuant to R.S. 18:1303 (D)(1) and submits with his application documentation showing his hospitalization from his physician or the hospital, the application shall be received by the registrar of voters no later than 4:30 p.m. on the day before the election.
E. A person entitled to vote absentee by mail may request in his application for an absentee ballot for a primary election that an absentee ballot for the succeeding general election be sent to him when such ballots become available for distribution; however, in such case, the applicant shall declare in writing to the registrar that he will be eligible to vote absentee by mail in the general election.
F. The registrar shall not send an absentee ballot to an applicant whose application for an absentee ballot does not meet the requirements of Subsection A or B of this Section. If the registrar rejects an application for an absentee ballot, the registrar shall provide the applicant with written reasons for the rejection.
G.
(1)
(a) If the applicant is eligible to vote absentee by mail pursuant to R.S. 18:1303 [(F),] (I) [, or (J)] , his application, if such application meets the requirements of this Section, may remain valid indefinitely upon request of the applicant [, unless an] .
(b) If the applicant is eligible to vote absentee by mail pursuant to R.S. 18:1303 (F) or (J) , his application, if such application meets the requirements of this Section, may remain valid from the date the application is received in the office of the registrar of voters until December thirty-first of the fourth year after the application is received by the registrar. If the applicant's application was received by the office of the registrar of voters before January 1, 2025, his application shall expire December 31, 2029.
(2) If an absentee by mail ballot that has been sent to the applicant is returned to the registrar as undeliverable [.] , the applicant's application shall no longer be valid, and [If the applicant's absentee by mail ballot is returned to the registrar as undeliverable,] the registrar shall send notice by forwardable mail to such applicant that his application will no longer be valid [, and the] . The applicant shall be required to submit a new application to the registrar that meets the requirements of this Section and provide a current address before the applicant will be eligible to vote absentee by mail again pursuant to this Section.
H. If the applicant is eligible to vote absentee by mail pursuant to R.S. 18:1303 (H) , his application, if such application meets the requirements of this Section, shall remain valid as long as the applicant is a program participant in the Department of State Address Confidentiality Program pursuant to Part III of Chapter 1 of Title 44 of the Louisiana Revised Statutes of 1950. When the applicant ceases participation in the program, the Department of State shall notify the registrar of the parish where the applicant is registered to vote that the applicant is no longer a participant in the program. Upon receipt of the notification from the Department of State, the registrar shall send notice by forwardable mail to the applicant that his application will no longer be valid, and the applicant shall be required to submit a new application to the registrar that meets the requirements of this Section and provide a current address before the applicant will be eligible to vote absentee by mail again pursuant to this Section.
I. If the registrar of voters has reason to believe that the eligibility of a voter to vote absentee by mail pursuant to R.S. 18:1303 (I) is based upon false or fraudulent information, he shall immediately notify the parish board of election supervisors. If, after appropriate hearing and opportunity for the voter to be heard, the parish board of election supervisors finds that the voter's eligibility to vote absentee by mail was based upon false or fraudulent information, the board shall inform the appropriate district attorney and the registrar of voters who shall not allow the voter to vote absentee by mail pursuant to R.S. 18:1303 (I) .
J. Except as otherwise authorized by law, no person, organization, or entity shall distribute an application form for an absentee by mail ballot to any person who has not requested the application under the provisions of this Section.
K.
(1) If a gubernatorially declared state of disaster or emergency occurs within forty-five days of an election, the secretary of state shall determine if the distribution of absentee by mail ballot applications is necessary for voters displaced by the gubernatorially declared state of disaster or emergency.
(2) Upon the determination by the secretary of state of the need for the limited distribution of absentee by mail ballot applications, the secretary shall provide notice to the Senate Committee on Senate and Governmental Affairs and the House Committee on House and Governmental Affairs within ten days of the distribution.

Source

Acts 1976, No. 697, §1, eff. Jan. 1, 1978. Amended by Acts 1977, No. 513, §1, eff. Jan. 1, 1978; Acts 1980, No. 506, §1, eff. Jan. 1, 1981; Acts 1985, No. 754, §1; Acts 1990, No. 107, §1, eff. Jan. 1, 1991; Acts 1997, No. 1420, §1, eff. Jan. 1, 1998; Acts 1999, No. 254, §1, eff. Jan. 1, 2000; Acts 2001, No. 1181, §1, eff. Jan. 1, 2002; Acts 2002, 1st Ex. Sess., No. 130, §§1 and 3, eff. April 23, 2002; Acts 2003, No. 339, §1, eff. June 13, 2003; Acts 2003, No. 1220, §2, eff. July 3, 2003; Acts 2004, No. 526, §1, eff. Jan. 1, 2005, §2, eff. June 25, 2004; Acts 2005, No. 220, §1, eff. Jan. 1, 2006; Acts 2005, No. 431, §1, eff. Jan. 1, 2006; Acts 2006, No. 560, §1, eff. Jan. 1, 2007; Acts 2007, No. 124, §1; Acts 2007, No. 240, §1; Acts 2008, No. 136, §1, eff. June 6, 2008; Acts 2008, No. 599, §1; Acts 2009, No. 369, §1; Acts 2009, No. 436, §1, eff. Jan. 1, 2010; Acts 2010 , No. 570 , § 1 , eff. Jan. 1, 2011; Acts 2011 , No. 195 , § 1 , eff. June 24, 2011; Acts 2012 , No. 138 , § 1 , eff. May 14, 2012; Acts 2016 , No. 281 , § 1 , eff. May 31, 2016; Acts 2017 , No. 176 , § 1 , eff. June 14, 2017; Acts 2020 , No. 210 , § 1 , eff. June 11, 2020.

History

Amended by Acts 2024 , No. 317 , s. 1 , eff. 1/1/2025 .

Amended by Acts 2020 , No. 210 , s. 1 , eff. 6/11/2020 .

Amended by Acts 2017 , No. 176 , s. 1 , eff. 6/14/2017 .

Amended by Acts 2016 , No. 281 , s. 1 , eff. 5/27/2016 .

Acts 1976, No. 697, §1, eff. 1/1/1978 . Amended by Acts 1977, No. 513, §1, eff. 1/1/1978 ; Acts 1980, No. 506, §1, eff. 1/1/1981 ; Acts 1985, No. 754, §1; Acts 1990, No. 107, §1, eff. 1/1/1991 ; Acts 1997, No. 1420, §1, eff. 1/1/1998 ; Acts 1999, No. 254, §1, eff. 1/1/2000 ; Acts 2001, No. 1181, §1, eff. 1/1/2002 ; Acts 2002, 1st Ex. Sess., No. 130, §§1 and 3, eff. 4/23/2002 ; Acts 2003, No. 339, §1, eff. 6/13/2003 ; Acts 2003, No. 1220, §2, eff. 7/3/2003 ; Acts 2004, No. 526, §1, eff. 1/1/2005 , §2, eff. 6/25/2004 ; Acts 2005, No. 220, §1, eff. 1/1/2006 ; Acts 2005, No. 431, §1, eff. 1/1/2006 ; Acts 2006, No. 560, §1, eff. 1/1/2007 ; Acts 2007, No. 124, §1; Acts 2007, No. 240, §1; Acts 2008, No. 136, §1, eff. 6/6/2008 ; Acts 2008, No. 599, §1; Acts 2009, No. 369, §1; Acts 2009, No. 436, §1, eff. 1/1/2010 ; Acts 2010 , No. 570 , § 1 , eff. 1/1/2011 ; Acts 2011 , No. 195 , § 1 , eff. 6/24/2011 ; Acts 2012 , No. 138 , § 1 , eff. 5/14/2012 .

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Prior Versions of This Statute