HANDICAPPED PARTICIPATION GUIDE   

R.S. TITLE 18, CHAPTER 7A

TABLE OF  CONTENTS

I. WORDS AND TERMS DEFINED

II. ABSENTEE VOTING

A. APPROVED REGISTERED VOTERS

B. PHYSICALLY DISABLED REGISTERED VOTERS NOT CONFINED TO NURSING HOMES VOTING ABSENTEE BY MAIL

1. ELIGIBILITY

2. PROCEDURE

(a) REGISTERED VOTER FILES WRITTEN REQUEST EXCEPTION

(b) REGISTRAR MAILS FORMS TO VOTER

(c) VOTER COMPLETES FORMS

(d) REGISTRAR'S DUTIES UPON RECEIPT OF FORMS

(e) DUTIES OF PARISH BOARD OF ELECTION SUPERVISORS

(f) NOTICE TO VOTER

3. VOTING ABSENTEE BALLOT BY MAIL

(a) VOTER MAKES APPLICATION FOR ABSENTEE BALLOT

(b) RECEIPT OF APPLICATION BY REGISTRAR

C. PHYSICALLY DISABLED REGISTERED VOTER CONFINED TO A NURSING HOME VOTING ABSENTEE.

1. ELIGIBILITY

2. PROCEDURE

3. VOTING BY ABSENTEE BALLOT

(a) VOTER MAKES APPLICATION FOR ABSENTEE BALLOT

(b) REGISTRAR'S DUTIES UPON RECEIPT OF APPLICATION

(c) REGISTRAR GOES TO NURSING HOME TO ALLOW ABSENTEE VOTING

(d) VOTER PRESENTS NOTIFICATION LETTER

(e) REGISTRAR COMPARES ASSIGNED NUMBERS

(f) VOTER RECEIVES ABSENTEE VOTING PARAPHERNALIA

(1) IF NO ASSISTANCE IS NEEDED

(2) IF ASSISTANCE IS NEEDED

(g) DUTIES OF PERSON SELECTED TO ASSIST THE VOTER

(h) WHO MAY ASSIST MORE THAN ONE VOTER AT THE NURSING HOME

(i) OTHER DUTIES OF REGISTRAR

4. PROHIBITIONS AT NURSING HOMES

(a) TIME PERIOD OF PROHIBITIONS PRIOR TO ELECTION

(b) WHO MUST OBSERVE PROHIBITIONS AT NURSING HOMES

(c) DUTIES OF LAW ENFORCEMENT OFFICERS AT NURSING HOMES

(d) PENALTIES FOR VIOLATIONS OF PROHIBITIONS

III. MISCELLANEOUS PROVISIONS

A. COMMISSIONER OF ELECTIONS

B. EFFECTIVE DATE FOR SPECIAL PROGRAM FOR PHYSICALLY HANDICAPPED VOTERS

C. PROVISIONS OF SPECIAL PROGRAM CONSTRUED LIBERALLY

IV. SAMPLE FORMS

A. REQUEST FORM

B. AUTHORIZATION FORM

C. PHYSICIAN'S CERTIFICATE

D. WITNESS FORM

E. ACKNOWLEDGMENT FORM

A. APPLICANT
means an individual who applies to participate in the special program for
physically handicapped voters.

B. NURSING HOME

1. INCLUDES

a. HOSPITAL
limited to physically handicapped voter confined therein for an extended period of time by reason of a physical disability which makes it improbably that he will be able to vote in person at the polls or by absentee ballot, and

b. A PRIVATE HOME, INSTITUTION, BUILDING, RESIDENCE OR OTHER PLACE
serving two or more persons who are not related by blood or marriage to the operator, whether operated for profit or not, and including those places operated by a political subdivision of the State of Louisiana, which undertakes through its ownership or management,to provide maintenance, personal care, or nursing for persons who, by reason of illness or physical infirmity or age, are unable to properly care for themselves

2. DOES NOT INCLUDE

a. A HOME, INSTITUTION, OR OTHER PLACE
operated by the federal government or agency thereof, or by the State of Louisiana, except a veteran's home where a person, who is unable to vote in person at the polls or by absentee ballot because of a physical handicap, is confined

b. A HOSPITAL, SANITARIUM OR OTHER INSTITUTION
whose principal activity or business is the care and treatment of persons suffering from tuberculosis or from mental disease

c. A HOSPITAL, SANITARIUM OR OTHER MEDICAL INSTITUTION,
whose principal activity or business is the diagnosis, care and treatment of human illness through the maintenance and operation or organized facilities thereof.

d. ANY MUNICIPAL, PARISH OR PRIVATE CHILD WELFARE AGENCY, MATERNITY HOSPITAL OR LYING-IN HOME,
required by law to be licensed by some other department or agency

e. A SANITARIUM OR INSTITUTION
conducted by and for Christian Scientists who rely on the practice of Christian Science for treatment and healing

f. ANY NON-PROFIT CONGREGATE HOUSING PROGRAM
which promotes independent living by providing assistance with daily living activities such as cooking, eating, dressing, getting out of bed, and the like to persons living in a shared group environment who do not require the medical supervision and nursing assistance provided by nursing homes. No congregate housing program except those licensed or operated by the State of Louisiana, shall

(1) USE THE TERM "NURSING HOME"
or any other term implying that it is a licensed health care facility, or

(2) ADMINISTER MEDICATIONS
or otherwise provide any other nursing or medical services.

C. PARISH BOARD OF ELECTION SUPERVISORS
means the individual parish board responsible for the preparation and conduct of all elections in a parish. A parish board of election supervisors' membership comprises the following:

1. PARISH REGISTRAR OF VOTERS OR DESIGNEE

2. PARISH CLERK OF COURT OR DESIGNEE

3. CHAIRMAN OF BOTH THE DEMOCRATIC AND REPUBLICAN PARISH EXECUTIVE COMMITTEES OR DESIGNEE

4. MEMBER APPOINTED BY THE GOVERNOR, AND

5. CIVIL SHERIFF (ORLEANS PARISH ONLY)

6. REGISTRAR
means the parish registrar of voters.

II. ABSENTEE VOTING 

A. ANY REGISTERED VOTER 
approved for participation under the special program for the physically disabled, will vote absentee either by mail or in person if in a nursing home. However, a voter may be removed from participation in the program if the parish board of election supervisors, after a hearing on the matter, determines that a voter has failed to vote on at least two occasions despite assistance

B. PHYSICALLY DISABLED REGISTERED VOTERS NOT CONFINED TO
NURSING HOMES VOTING ABSENTEE BY MAIL

1. ELIGIBILITY
to vote absentee by mail, the approved registrant must be

a. UNABLE TO VOTE ABSENTEE IN PERSON
at the registrar's office, and

b. UNABLE TO VOTE IN PERSON
at any of the polls or alternate polls on election day.

2. PROCEDURE

a. THE REGISTERED VOTER
files a written request with the registrar. Any qualified voter who is unable to write because of his physical disability may make a request by telephone and the registrar shall document his request for him. The request must include

(1) A STATEMENT
that by reason of physical disability, he is unable to vote absentee in person at the registrar's office or at any of the polls on election day; and

(2) A BRIEF DESCRIPTION
of the physical disability and its probable duration.

b. THE REGISTRAR
mails the following documents to the voter at the return address shown on the request:

(1) A WITNESS FORM
for the names and addresses of two or more persons residing in the voter's precinct. The two persons must swear, if required, that the voter is unable to appear in person at the registrar's office or at any of the polls on election day.

(2) A PHYSICIAN'S CERTIFICATE FORM
executed by the voter's physician. This form must contain

(a) THE DIAGNOSIS
of the voter's condition (specific description in layman's term),

(b) THE PROGNOSIS
of the voter's condition and its probable duration,

(c) THE PHYSICIAN'S STATEMENT
that, in the physician's opinion, the voter is unable to appear in person before the registrar to vote absentee in person at the registrar's office or at any of the polling places on election day; and

(d) A NOTICE
that false statements by a physician constitute an election offense, punishable by a fine or imprisonment, or both.

c. THE VOTER
upon receipt of the documents from the registrar, must

(1)  COMPLETE
and sign the witness form unless he is unable to write because of his physical handicap, then he may receive assistance in completing the form and sign with his mark in the presence of two witnesses, who shall sign as witness to his mark, and

(2)  SUBMIT THE PHYSICIAN'S CERTIFICATE FORM
to the physician and obtain the executed certificate, and

(3)  RETURN
both documents to the registrar at least 30 days prior to an election for the voter, if approved for the program, to be eligible to vote in that election.

d. THE REGISTRAR
upon receipt of all completed documents from the voter, reviews for proper execution. If not satisfied or determines other evidence is necessary, he may

(1) CONTACT THE WITNESSES
and establish from a letter, oath or other manner, that the voter meets the requirements as to physical disability;

(2) CONTACT THE PHYSICIAN
to ascertain the correctness of information and signature contained on the physician's certificate form;

(3) INTERVIEW THE VOTER
to establish that the voter is eligible for participation under the special program

(a) AT THE ADDRESS
shown on the voter's request, and

(b) ON THE DATE
agreed upon by the registrar and the voter; and

(4) RECOMMEND THE VOTER
to the parish board of election supervisors for participation in the special program if the registrar establishes to his satisfaction that the voter is eligible.

e. THE PARISH BOARD OF ELECTION SUPERVISORS
determines the eligibility of the voter to participate in the special program to vote absentee

(1) BY EXAMINING
all, or any part of evidence on file in the registrar's office, and

(2) DIRECTS THE REGISTRAR
to place the voter in the special program, if approved.

f. THE REGISTRAR
notifies the voter in writing of

(1) APPROVAL
and places the approved voter in the special program, or

(2) NON-APPROVAL
and does not place the voter in the special program.

3. VOTING ABSENTEE BY MAIL BALLOT

a. THE VOTER
when approved for the special program, follows the procedures established in Chapter 7 of the Louisiana Election Code for requesting an absentee ballot, which provides that the voter makes application to the registrar.

(1) THE LETTER OF APPLICATION
must contain the following information:

(a) THE ELECTION OR ELECTIONS
for which he requests an absentee ballot;

(b) THE VOTER'S REASON
for requesting an absentee ballot, attaching any supporting documents required by law;

(c) THE ADDRESS
to which the absentee ballot(s) shall be sent;

(d) THE WARD AND PRECINCT
in which the person is qualified to vote, if known;

(e) THE VOTER'S SIGNATURE

(2) THE VOTER'S LETTER OF APPLICATION

(a) MAY CONTAIN A STATEMENT

by the voter that he will be eligible to vote absentee in the general election if he wishes to request a ballot for the general election when requesting a ballot for the primary election.

(b) MUST BE RECEIVED
by the registrar not earlier than 60 days or later than ninety-six hours before the close of the polls for the election for which the absentee ballot is requested.

b. THE REGISTRAR
mails necessary absentee ballot(s) and other absentee paraphernalia to voter if letter of application is received timely and in order.

C. PHYSICALLY DISABLED REGISTERED VOTERS CONFINED TO NURSING HOMES VOTING ABSENTEE

1. ELIGIBILITY
to vote absentee, the registered voter who is confined to a nursing home must be

a. UNABLE TO VOTE ABSENTEE IN PERSON
at the registrar's office, and

b. UNABLE TO VOTE IN PERSON
at any of the polls or alternate polls on election day.

2. PROCEDURE
the qualifying procedure for voting absentee for persons confined to a nursing home is the same procedure as provided in this outline for persons not confined to a nursing home.

3. VOTING BY ABSENTEE BALLOT IN NURSING HOME

a. THE VOTER
makes application to vote by absentee ballot with the registrar.

(1) THE LETTER OF APPLICATION
must contain the following information:

(a) THE ELECTION
or elections for which he requests an absentee ballot,

(b) THE REASON
for the voter's request,

(c) THE NAME AND ADDRESS
of the nursing home wherein the voter is confined,

(d) THE WARD AND PRECINCT
in which the voter is registered, if known, and

(e) THE VOTER'S SIGNATURE

(2) THE VOTER'S LETTER OF APPLICATION

(a) MAY CONTAIN A STATEMENT
by the voter that he will be eligible to vote absentee in the general election if he wishes to request a ballot for the general election when requesting a ballot for the primary election.

(b) MUST BE RECEIVED
by the registrar at least 30 days prior to the election.

b. THE REGISTRAR
upon receipt of the application, shall

(1) ENTER THE DATE AND TIME
of receipt of the application on the application;

(2) DETERMINE
if the application is timely received; and

(a) IF NOT TIMELY RECEIVED
and the voter requested only a primary ballot, the registrar returns the application to the voter with a brief statement citing the reason for the return, or

(b) IF NOT TIMELY RECEIVED
and the voter requested both a primary election ballot and a general election ballot, the registrar notifies the voter that his request for the primary election ballot was not timely submitted and received, and determines, to his satisfaction, the accuracy of information contained in the application for the general election ballot.

(c) IF TIMELY RECEIVED
the registrar determines, to his satisfaction, the accuracy of the information contained in the application.

(3) ASSIGN A NUMBER TO THE VOTER, AND

(a) IF THE ABSENTEE BALLOTS HAVE BEEN RECEIVED BY THE REGISTRAR
he shall stamp or enter the assigned number in ink on the upper right side of the notification letter and on the flap of the absentee ballot envelope containing the absentee ballot(s) for the voter, or

(b) IF THE ABSENTEE BALLOTS HAVE NOT BEEN RECEIVED BY THE REGISTRAR
he shall stamp or enter the assigned number in ink on the upper right side of the notification letter and post the voter's name, address, ward and precinct, and assigned number on a special list until the ballots have been received. After receipt, registrar shall stamp or enter the assigned number in ink on the flap of the absentee ballot envelope containing the ballot(s) for the voter;

(4) NOTIFY THE VOTER BY LETTER
of the day for voting by absentee ballot, which must be a day during the period extending at least one week prior to the beginning day for absentee voting in person through the last for absentee voting in person; and the letter must

(a) CONTAIN VOTER'S ASSIGNED NUMBER

(b) BE MAILED
to the return nursing home address; and

(c) BE RETAINED
by the voter;

(5) LOCK A PORTABLE METAL BOX
equipped with an open slot in its top and retain the keys in his office; and

(6) PROVIDE
the necessary paraphernalia needed to allow absentee voting in the nursing home.

c. THE REGISTRAR
goes to the nursing home on the day designated by the registrar to allow absentee voting and takes the following paraphernalia:

(1) ABSENTEE BALLOT FLAP ENVELOPE
bearing the number corresponding to the number entered on the notification letter mailed to the voter and which contains the appropriate absentee ballot(s).

(2) INSTRUCTIONS, CERTIFICATES
and other materials and supplies needed to permit voting.

(3) ACKNOWLEDGMENT FORM
for any voter needing assistance, and

(4) LOCKED, PORTABLE METAL BOX

(5) ADDRESS CONFIRMATION CARD, IF APPLICABLE

d. THE VOTER
presents his notification letter containing his assigned number to the registrar.

e. THE REGISTRAR
compares the numbers on the letter and flap of the absentee ballot envelope, and

(1) IF THE NUMBERS ARE NOT IDENTICAL
he does not permit voting of the ballot(s), or

(2) IF THE NUMBERS ARE IDENTICAL
he hands the voter the necessary absentee voting paraphernalia unless the voter is on the inactive list of voters, then the voter must first complete an address confirmation card before receiving the paraphernalia. Thereafter, he retires from the presence of the voter, unless the voter requests his assistance in voting.

f. THE VOTER
receives the absentee voting paraphernalia, and

(1) IF NO ASSISTANCE IS NEEDED
the voter executes the certificate on the ballot flap, signs it, marks the ballot, places his ballot(s) in the ballot envelope, seals the envelope and notifies the registrar that he has completed the voting, or

(2) IF ASSISTANCE IS NEEDED
the voter selects someone to assist him in voting; however,

(a) THE VOTER CANNOT
select a candidate in the election, and

(b) THE VOTER CANNOT
select the owner, the operator, or the administrator of the nursing home or any employee of any of those persons.

g. THE PERSON SELECTED TO ASSIST THE VOTER SHALL

(1) EXPLAIN TO THE VOTER
that a signature or mark made for the voter on the absentee ballot envelope 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;

(2) MARK THE BALLOT(S) AND ENVELOPE FOR THE VOTER,
place the ballot(s) in the ballot envelope and seal the envelope;

(3) PLACE THE SEALED ENVELOPE
in the metal box for the voter, if necessary; and

(4) COMPLETE THE ACKNOWLEDGMENT FORM
that verifies that he has marked the ballot in the manner dictated by the voter.

h. NO PERSON EXCEPT A SPOUSE, BLOOD RELATIVE OR REGISTRAR
may assist more than one voter in voting absentee at the nursing home,

i. THE REGISTRAR SHALL

(1) USE THE SAME PROCEDURE
for each voter in the nursing home who has qualified to vote under the special program, and

(2) RETURN THE LOCKED METAL BOX
and other paraphernalia to his office upon completion of the voting.

(3) UNLOCK THE METAL BOX
and remove the sealed absentee ballot envelopes; and

(4) FOLLOW THE PROCEDURES FOR POSTING
the name, ward and precinct of the voters, and any other necessary procedures required by law.

4. PROHIBITIONS AT NURSING HOME

a. THE PROHIBITION TIME PERIOD FOR THE FOLLOWING
ACTIVITIES
begins 30 days prior to the time absentee voting in person begins for an election and ends when the absentee voting in person closes;

(1) SOLICITING IN ANY MANNER
or by any means, whatsoever, any person confined to a nursing home to vote for or against any candidate or proposition being voted on in the election; and

(2) HANDING OUT, PLACING OR DISPLAYING
campaign cards, pictures or other campaign literature of any kind or description in the nursing home.

b. THOSE INDIVIDUALS WHO MUST OBSERVE
the prohibitions at the nursing homes are

(1) THE OWNER, OPERATOR, EMPLOYEE OR AGENT
of such owner, or employee of the nursing home;

(2) ANY STOCKHOLDER
of any nursing home; and

(3) ANY CANDIDATE
or any employee, agent or worker for any candidate.

c. LAW ENFORCEMENT OFFICERS
assisting at a nursing home shall

(1) ENFORCE PROHIBITIONS
when requested to do so by any person and

(2) SEIZE AND REMOVE
any prohibited political cards, signs, pictures or other literature used or displayed in the nursing home.

d. THE PENALTIES ASSESSED
for violations of the above prohibitions are as follows:

(1) FOR A FIRST OFFENSE
a fine of not more than $500.00 or imprisonment for not more than six months, or both; and

(2) FOR A SECOND, OR ANY SUCCEEDING OFFENSE
a fine of not more than $1,000.00 or imprisonment for not more than one year, or both.

III. MISCELLANEOUS PROVISIONS 

A. THE COMMISSIONER OF ELECTION
may adopt such rules and regulation as are necessary to effectuate the special program for physically handicapped voters.

B. THE EFFECTIVE DATE FOR THIS SPECIAL PROGRAM
for physically handicapped voters is January 1, 1984.

C. PROVISIONS OF THE SPECIAL PROGRAM FOR PHYSICALLY HANDICAPPED VOTERS
are to be construed liberally, with a view toward giving the fullest possible implementation to the programs.

IV. SAMPLE FORMS 
The following five forms are to be utilized when necessary for participation in the Special Programs for Physically Handicapped Voters.

A. REQUEST FORM

B. AUTHORIZATION FORM

C. PHYSICIAN'S CERTIFICATE

D. WITNESS FORM

E. ACKNOWLEDGMENT FORM

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