RÉSUMÉ DIGEST
ACT 286 (SB 258) 2022 Regular Session Hewitt
Existing law provides that if the secretary of state determines that an emergency declared by
the governor impairs an election that could be held except for technical, mechanical, or
logistical problems with respect to the relocation or consolidation of polling places and
potential shortages of commissioners or voting machines, the secretary of state shall certify
the facts and the reasons for that determination to the governor, the Committee on Senate and
Governmental Affairs, and the Committee on House and Governmental Affairs. New law
adds other impairments that affect participation in or the integrity of the electoral process to
the impairments that the secretary may consider and certify to the governor and the
committees.
Existing law provides that if the governor and a majority of the members of each committee
concur that an emergency plan is necessary, the secretary of state shall develop an emergency
plan to address the impairments. Existing law is applicable to the additional impairments
added by new law.
New law additionally requires the committees to meet and function as a joint committee
within 10 days following the secretary of state's certification.
Existing law authorizes the secretary of state to include in the plan a proposal to conduct
early voting.
Prior law limited the locations of such early voting to the offices of the registrars and
provides for conducting early voting in accordance with existing law. New law removes
these limitations and provides for such early voting at times and locations that are accessible
to affected voters.
Existing law requires the secretary of state to present the plan to the governor, Senate and
Governmental Affairs Committee, and House and Governmental Affairs Committee for their
approval.
New law specifically authorizes the secretary of state to present alternative plans at the same
time and also authorizes the secretary to present the plan or plans at the same time as the
certification. Requires the joint committee to meet no later than 10 days following receipt of
the plan. Requires the joint committee to send notice of each meeting held pursuant to new
law to the governor. Provides that the governor or his designee may attend and provide
recommendations regarding the emergency plan. New law specifically provides that the
secretary of state may incorporate changes suggested and approved by the joint committee.
Existing law provides that upon approval by a majority of the members of the Senate and
Governmental Affairs Committee and of the House and Governmental Affairs Committee,
the emergency election plan shall be sent to members of each house of the legislature for
approval by mail ballot.
Existing law provides that a copy of the roll call votes of the Senate and Governmental
Affairs Committee and the House and Governmental Affairs Committee on the approval of
the emergency plan and the plan shall be included in the notice sent with the ballots to
members of both houses of the legislature and that the ballots must be returned to the
secretary of the Senate or clerk of the House of Representatives within a certain time period.
New law provides that if a majority of the elected members of each house approve the
emergency plan, the governor shall approve or disapprove the plan no later than five days
after he receives the certified tabulation sheet. Requires the governor to send his approval
message to the secretary of state and the chairs of the governmental affairs committees.
Requires the governor to immediately send his disapproval message to the secretary of the
Senate and clerk of the House who shall immediately transmit a ballot to each member of the
legislature phrased to allow members to vote for or against overriding the governor's
disapproval using the same procedures and deadlines provided in new law.
Existing law provides that upon approval by a majority of the members of each house of the
legislature and the governor, the secretary of state shall take all steps necessary to implement
the plan. New law provides that if two-thirds of the elected members of each house of the
legislature vote to override the governor's disapproval, the secretary of state shall take all
steps necessary to implement plan.
Effective August 1, 2022.
(Amends R.S. 18:401.3(B), (C), and (D)(1), (2)(a)(i) and (ii), (3), and (4); adds R.S.
18:401.3(E))


Statutes affected:
SB258 Original: 18:3(B)
SB258 Engrossed: 18:3(B)
SB258 Enrolled: 18:3(B)
SB258 Act 286: 18:3(B)