CHAPTER 8. VOTING, VOTING MACHINES, AND

ABSENTEE BY MAIL AND EARLY VOTING COUNTING EQUIPMENT

PART I. GENERAL PROVISIONS

§1351. Definitions

            As used in this Chapter, unless otherwise specified, the following terms shall have the meanings herein ascribed to each:

            (1) "Absentee by mail and early voting counting equipment" means a device capable of counting and producing results of votes cast on paper absentee by mail and early voting ballots.

            (2) "Cast ballot" means a ballot in which the voter has taken final action after reviewing his selections and irrevocably confirmed his intent to vote, either by activating the cast vote mechanism or by scanning the voter-verified paper record into a vote capture device.

            (3) "Election" means and includes all elections held in Louisiana, whether primary, general, or special.

            (4) "Official ballot" means the list of candidates, offices, amendments, questions, or propositions on the voting machine or paper ballot as certified by the secretary of state.

            (5) "Parish custodian" refers to the parish custodian of voting machines and means the persons designated as such by R.S. 18:1354.

            (6) "Protective counter" means a counter, tabulator, or protective device that will register each time the machine is voted during the life of the machine.

            (7) "Public counter" means a counter, tabulator, or protective device that shall incrementally record and indicate each time votes have been cast on a machine during an election.

            (8) "Question" means an amendment, proposition, or like matter to be voted on in an election.

            (9) "Vote-capture device" means a component of the voting system, including hardware which may include a voter-facing scanner, software, and firmware, that captures and counts voter ballot selections.

            (10) "Vote indicator" means the device on a voting machine with which votes upon a candidate or question are indicated.

            (11) "Voter-facing scanner" means a vote-capture device used for in-person voting that captures a voter's selections on a secure paper ballot one sheet at a time, whether hand-marked or produced by a ballot-marking device.

            (12) "Voter-verified paper record" means a paper document or a secure hand-marked paper ballot produced by a voting system that the voter can review and verify before officially casting his ballot. The voter-verified paper record shall be printed on individual sheets of paper for each voter and shall not be printed on a continuous paper roll. The voter-verified paper record shall be independent of any software or electronic device and temporarily available to the voter for verification prior to casting his ballot upon the vote capture device.

            (13) "Voting machine" means the enclosure occupied by the voter when voting, as formed by the voter-facing vote-capture device, including its screen and privacy shield. Tabulation of the vote may occur on the voting machine or on another component of the voting system.

            (14) "Voting system" means the total combination of equipment, hardware, firmware, software, materials, and documentation used to cast and count votes or to perform any of the support functions to enable the casting or counting of votes.

            Acts 1976, No. 697, §1, eff. Jan. 1, 1978; Acts 2001, No. 1181, §1, eff. Jan. 1, 2002; Acts 2002, 1st Ex. Sess., No. 130, §1, eff. April 23, 2002; Acts 2005, No. 220, §4, eff. Jan. 1, 2006; Acts 2006, No. 403, §2, eff. Jan. 1, 2007; Acts 2007, No. 240, §1; Acts 2019, No. 374, §§1, 3, eff. June 19, 2019; Acts 2021, No. 480, §1, eff. July 1, 2021.

            NOTE: See Acts 2021, No. 481, §3, regarding repeal of §1351(5).