Could a Louisiana registrar use a self-prepared mail absentee-ballot request form?

Plain-English summary

Caddo Parish's registrar supplied a proposed form for voters to request absentee ballots by mail and asked whether it could be used. The Attorney General said R.S. 18:18 allowed the Commissioner of Elections to prescribe uniform forms, subject to AG approval and uniform use by registrars. That route could accommodate a form like the registrar's proposal.

The opinion did not itself approve the supplied form for immediate use. It suggested that the registrar contact the Commissioner's office for further action.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did the AG approve the registrar's form for immediate use?
No. He said the Commissioner's statutory uniform-form process could be followed and suggested that the registrar contact that office.

Who had form-setting authority under the 2000 law?
The Commissioner of Elections could prescribe uniform forms, with Attorney General approval, for consistent use by registrars.

Was the question about requesting a ballot by mail?
Yes. The proposed form let a voter fill in information, sign, and return it to the registrar to request an absentee ballot by mail.

Background and statutory framework

The request came from the Caddo Parish registrar before upcoming elections. The AG applied R.S. 18:18's statewide form authority to the proposed mail request form and stopped short of independently authorizing it.

Citations and references

• R.S. 18:18: Commissioner of Elections' uniform forms and AG approval authority.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0109

Original opinion text

May 3, 2000
OPINION NUMBER 2000-109

23 Elections – Ballots-Absentee Votes - Military Ernie Roberson
Registrar of Voters
R.S. 18:18
Caddo Parish
Mail absentee ballot request forms can be prescribed by the
525 Marshall St., Suite 103 Commissioner of Elections, with the Attorney General’s approval,
Shreveport, La. 71101
for uniform application by the registrars of voters.

Dear Mr. Roberson:

We are in receipt of your request for an opinion regarding absentee ballot requests for voting absentee by mail. You have provided our office with an absentee ballot request form, which I assume you have produced, which allows a voter to fill in the blanks, sign and return to the registrar of voters in order to request an absentee ballot by mail. You question whether this form can be used in upcoming elections?

R.S. 18:18 provides for the powers and duties of the Commissioner of Elections, one of which is to “[p]rescribe uniform rules, regulations, forms, and instructions, which shall be approved by the attorney general and thereafter shall be applied uniformly by each registrar of voters in the state.” (Emphasis added). It is our opinion that this provision of the law can be followed to provide for an absentee ballot request form such as the one you are suggesting. Therefore, we suggest you contact the Commissioner’s office for further action herein.

If we can be of further assistance, please advise.

Yours very truly,

RICHARD P. IEYOUB
ATTORNEY GENERAL

ANGIE ROGERS LAPLACE
Assistant Attorney General

RPI/ARL;cwr

Cc: Hon. Suzanne H. Terrell

Page 2

OPINION 00-109
23 Elections – Ballots-Absentee Votes - Military

R.S. 18:18

Mail absentee ballot request forms can be prescribed by the Commissioner of Elections, with the Attorney General’s approval, for uniform application by the registrars of voters.

Ernie Roberson
Registrar of Voters
Caddo Parish
525 Marshall St., Suite 103
Shreveport, La. 71101

DATE RECEIVED:

DATE RELEASED: May 3, 2000

Angie Rogers LaPlace
Assistant Attorney General