§1353. Secretary of state; powers and duties; voting systems and system components; voter registration

            A. The secretary of state shall administer the laws relating to the custody of voting machines and relating to voter registration.

            B.(1) The secretary of state shall promulgate uniform rules and regulations with respect to matters pertaining to the certification standards and requirements, the procurement, the preparation, and use of voting systems in the conduct of elections and the duties of each category of persons charged with responsibility for any matter relating to the voting systems in accordance with the Administrative Procedure Act and subject to the oversight of the House Committee on House and Governmental Affairs and the Senate Committee on Senate and Governmental Affairs. Prior to final promulgation, the proposed rules and regulations shall be approved by the attorney general for uniformity and compliance with the provisions of this Title. The final rules and regulations shall be distributed by the secretary of state to the election officials having responsibilities relating to elections and applied uniformly throughout the state.

            (2) The rules and regulations for voting systems promulgated pursuant to Paragraph (1) of this Subsection shall at a minimum provide for each of the voting system requirements set forth in R.S. 18:1366 and the following:

            (a) Standards and procedures for usability, accessibility, durability, accuracy, efficiency, and capacity.

            (b) Standards and procedures for the control and auditability of voter-verified paper records.

            C. In addition to any other duties and functions provided by law, the secretary of state shall:

            (1) Determine general policy and supervise the administration and execution of the laws relating to voting systems.

            (2) Be responsible for coordinating with the office of state procurement with regard to all procurement, sales, and transfers of voting systems and system components and for all matters pertaining to the issuance of competitive bids or requests for proposals.

            (3)(a) Maintain, repair, and store, as provided by law, all voting machines and have custody of them, except when, in accordance with law, the machines are placed in the direct charge and supervision of the parish custodian or of the election commissioners, except as otherwise provided in Subparagraph (b) of this Paragraph.

            (b) Maintain and repair all voting machines used for early voting and absentee by mail and early voting counting equipment and designate the registrar of voters in each parish to store all such voting machines and absentee by mail and early voting counting equipment, except when, in accordance with law, such voting machines and absentee by mail and early voting counting equipment are placed in the direct charge and supervision of the parish custodian.

            (4) Prepare all machines necessary for each election and deliver the machines and other election supplies, in addition to those supplies he is required to supply to the parish custodian under R.S. 18:552, to the custody of the parish custodian in complete readiness for use at the polls.

            (5) Adopt and implement uniform policies and procedures for the conduct of a post-election tabulation audit of paper ballots and records related thereto.

            D. The secretary of state shall appoint or employ mechanics, experts, and other assistants when necessary in order to assume the maintenance, upkeep, and proper functioning and operation of the machines, or when necessary in order to explain and demonstrate to the election officials or to the public the proper method of operation of the machines.

            E. On the day of each election the secretary of state shall have mechanics and experts available at suitable and convenient places for the purpose of repairing or adjusting any machine which needs repair or adjustment during election day. During this time each of them shall be under the supervision and control of the parish custodian of voting machines.

            Acts 1976, No. 697, §1, eff. Jan. 1, 1978. Acts 1983, No. 519, §1, eff. July 8, 1983; Acts 1995, No. 300, §1, eff. June 15, 1995; Acts 1997, No. 873, §1; Acts 2001, No. 451, §1, eff. Jan. 12, 2004; Acts 2001, No. 1181, §1, eff. Jan. 1, 2002; Acts 2002, 1st Ex. Sess., No. 130, §1, eff. April 23, 2002, and §2, eff. Jan. 12, 2004; Acts 2005, No. 220, §§1, 4, eff. Jan. 1, 2006; Acts 2006, No. 403, §§2, 3, eff. Jan. 1, 2007; Acts 2014, No. 60, §1, eff. May 16, 2014; Acts 2019, No. 374, §1, eff. June 19, 2019; Acts 2021, No. 480, §1, eff. July 1, 2021; Acts 2022, No. 741, §1, eff. Jan. 1, 2023.

            NOTE: See Acts 2022, No. 741, §2, regarding delayed implementation of R.S. 18:1353(C)(5).