EXECUTIVE ORDER MJF 02-39

RESCHEDULING IN TEN PARISHES THE OCTOBER 5, 2002, PRIMARY ELECTION FOR OCTOBER 12, 2002, AND THE PERIODS FOR ABSENTEE VOTING IN PERSON AND ACCEPTING REQUESTS FOR ABSENTEE VOTING BY MAIL BALLOTS


WHEREAS,   "in order to ensure maximum citizen participation in the electoral process and provide a safe and orderly procedure for persons seeking to qualify or exercise their right to vote, to minimize to whatever degree possible a person's exposure to danger during declared states of emergency, and to protect the integrity of the electoral process," the Louisiana Legislature enacted R.S. 18:401.1 to provide "a procedure for the emergency suspension or delay and rescheduling of qualifying, absentee voting in person, and elections";

WHEREAS,   Executive Order No. MJF 2002-34 was issued on October 4, 2002, pursuant to the provisions of R.S. 18:401.1(B), based on the certification of the secretary of state, in conjunction with the commissioner of elections and registration, delaying the October 5, 2002, primary election in the parishes of Acadia, Evangeline, Iberia, Jefferson Davis, Lafayette, St. Landry, St. Martin, St. Mary, Terrebonne, and Vermilion until such time as may be rescheduled; and

WHEREAS,   on October 7, 2002, the secretary of state, in conjunction with the commissioner of elections and registration, certified their written recommendation to the governor that, in the parishes of Acadia, Evangeline, Iberia, Jefferson Davis, Lafayette, St. Landry, St. Martin, St. Mary, Terrebonne, and Vermilion, the October 5, 2002, primary election be rescheduled for Saturday, October 12, 2002, absentee voting in person be reopened for two (2) days, and the period for accepting requests for absentee voting by mail ballots be extended;

NOW THEREFORE, I, M.J. "MIKE" FOSTER, JR., Governor of the state of Louisiana, by virtue of the authority vested by the Constitution and laws of the state of Louisiana, do hereby order and direct as follows:

SECTION 1:   In accordance with the procedures set forth in R.S. 18:401.1 and/or R.S. 29:724, and on the written recommendation of the secretary of state, in conjunction with the commissioner of elections and registration, the October 5, 2002, primary election in the parishes of Acadia, Evangeline, Iberia, Jefferson Davis, Lafayette, St. Landry, St. Martin, St. Mary, Terrebonne, and Vermilion delayed by Executive Order No. MJF 2002-34, issued on October 4, 2002, is rescheduled for Saturday, October 12, 2002, opening at 6:00 a.m. and closing at 8:00 p.m. Notice of the rescheduling of the October 5, 2002, primary election shall be given in accordance with R.S. 18:401.1(C).

SECTION 2:   Pursuant to the written recommendation of the secretary of state, in conjunction with the commissioner of elections and registration, notwithstanding any other provision of law, absentee voting in person in the parishes of Acadia, Evangeline, Iberia, Jefferson Davis, Lafayette, St. Landry, St. Martin, St. Mary, Terrebonne, and Vermilion for the October 5, 2002, primary election rescheduled for Saturday, October 12, 2002, shall be reopened on Tuesday, October 8, 2002, at 8:30 a.m. until 4:30 p.m. and Wednesday, October 9, 2002, at 8:30 a.m. until 4:30 p.m., concluding on Wednesday, October 9, 2002, at 4:30 p.m. R.S. 29:724. Notice of the reopening of absentee voting in person shall be advertised, published and/or broadcast by all reasonably available means of communication. R.S. 29:724.

SECTION 3:   Pursuant to the written recommendation of the secretary of state, in conjunction with the commissioner of elections and registration, notwithstanding any other provision of law, the period for accepting requests for absentee voting by mail ballots in the parishes of Acadia, Evangeline, Iberia, Jefferson Davis, Lafayette, St. Landry, St. Martin, St. Mary, Terrebonne, and Vermilion for the October 5, 2002, primary election rescheduled for Saturday, October 12, 2002, shall be reopened and/or extended until 8:00 p.m. on Tuesday, October 8, 2002. R.S. 29:724. Notice of the reopening and/or extension of the period for accepting requests for absentee voting by mail ballots shall be advertised, published and/or broadcast by all reasonably available means of communication. R.S. 29:724.

SECTION 4:   Notwithstanding any other provision of law, if any polling places in the parishes of Acadia, Evangeline, Iberia, Jefferson Davis, Lafayette, St. Landry, St. Martin, St. Mary, Terrebonne, and Vermilion are destroyed and/or become unavailable for the October 5, 2002, primary election rescheduled for Saturday, October 12, 2002, as soon as practicable, the parish clerk of court in conjunction with the local parish governing authority shall designate alternate emergency polling places. R.S. 29:724. Notice of the location of the alternate emergency polling places shall be advertised, published and/or broadcast by all reasonably available means of communication. R.S. 29:724.

SECTION 5:   This Order is effective upon signature.

IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of the state of Louisiana, at the Capitol, in the city of Baton Rouge, on this 7th day of October, 2002.

M.J. "Mike" Foster, Jr.
Governor

ATTEST BY
THE GOVERNOR
Fox McKeithen
Secretary of State