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Louisiana Statutes § 18:1315 Challenge of absentee by mail or early voting ballot

⤴ Up to Chapter 7: Absentee by Mail and Early Voting

Statute Text

Effective Until 7/1/2025

A.
(1) A candidate or his representative, a member of the board, or a qualified elector may challenge an absentee by mail or early voting ballot for the grounds specified in R.S. 18:565 (A) , by personally filing his written challenge with the registrar no later than the fourth day before the election for which the ballot is challenged. Such challenge shall be on a form provided by the secretary of state.
(2) The form shall include:
(a) The ground, specified in R.S. 18:565 (A) , on which the challenge is made.
(b) The election involved.
(c) The specific reason for which the challenge is made.
(d) The name, address, and telephone number, if any, of the person challenging the ballot, all of which shall be written by the person challenging the vote.
(3) The form shall also include information about the date and place where the board will determine the validity of the challenge, which information shall be included by the registrar. Within twenty-four hours after the challenge has been filed, the registrar shall mail a copy of the challenge to the voter whose absentee by mail or early voting ballot is being challenged at the address shown on the registrar's roll of electors. The registrar shall retain the original challenge form and shall transmit it to the place where the absentee by mail or early voting ballot will be counted and tabulated for the use of the board on election day.
B. During the preparation and verification process for the counting of absentee by mail and early voting ballots before the election, as applicable, or the counting of absentee by mail and early voting ballots on election day, any candidate or his representative, member of the board, or qualified elector may challenge an absentee by mail or early voting ballot for cause, other than those grounds specified in R.S. 18:565 (A) .
C. Notwithstanding the provisions of Subsections A and B of this Section, any absentee by mail ballot with an absentee by mail certificate missing information, which is required to be completed by the voter pursuant to R.S. 18:1310 , that was not cured by the voter in accordance with the provisions of LAC 31:I.301 et seq. shall be deemed challenged. However, an absentee by mail ballot shall not be deemed challenged solely because the voter indicates on the absentee by mail certificate that he does not know his mother's maiden name.
D.
(1) During the counting of absentee by mail and early voting ballots, at least a majority of the members of the board shall hear and determine the validity of any ballot challenged in accordance with the provisions of Subsection A or B of this Section.
(2) If a challenge in accordance with the provisions of Subsection A of this Section is sustained, the vote shall not be counted; the ballot or early voting confirmation sheet shall be placed in the special, secure absentee by mail and early voting ballot container; and the board shall notify the voter in writing of the challenge and the cause therefor. This notification shall be on a form provided by the secretary of state and shall be signed by at least a majority of the members of the board. The notice of the challenge and the cause therefor shall be given within four business days by mail, addressed to the voter at his place of residence. The board shall retain a copy of the notification. However, if the challenge is based upon a change of residence within the parish or is based upon a change of residence outside of the parish that has occurred within the last three months, the ballot shall be counted, provided that the voter confirmed his current address as shown by the affidavit of the absentee by mail ballot certificate or early voting confirmation sheet or, if the voter is on the inactive list of voters, as shown by the information provided on an address confirmation notice.
(3)
(a) If a challenge in accordance with the provisions of Subsection B of this Section is sustained, the vote shall not be counted and the board shall write "rejected" and the cause therefor across the ballot envelope or early voting confirmation sheet, and shall place the ballots and early voting confirmation sheets so rejected in the special, secure absentee by mail and early voting ballot container. The board shall notify the voter in writing of the challenge and the cause therefor. The notification shall be on a form provided by the secretary of state and shall be signed by at least a majority of the members of the board. The notice of the challenge and the cause therefor shall be given within four business days by mail addressed to the voter at his place of residence. The board shall retain a copy of the notification.
(b) If a ballot is rejected pursuant to the provisions of R.S. 18:1316 , the vote shall not be counted and the board shall write "rejected" and the cause therefor on a separate slip of paper and attach it to the ballot, and shall place the ballots so rejected in the special, secure absentee by mail and early voting ballot container.
(4) If a challenge in accordance with the provisions of Subsection C of this Section is sustained, the vote shall not be counted, the board shall write "rejected" and the reason therefor across the ballot envelope, and shall place the rejected ballot in the special absentee by mail ballot envelope or container. The board shall notify the voter in writing of the challenge and the reason therefor. The notification shall be on a form provided by the secretary of state and shall be signed by at least a majority of the members of the board. The notice of the challenge and the reason therefor shall be given within four business days by mail addressed to the voter at his place of residence. The board shall retain a copy of the notification.
E. The secretary of state shall provide for the following:
(1) The preprinting of information on the absentee by mail certificate of an absentee ballot by mail in a form prescribed by the secretary of state, including but not limited to the date of the election and the ward and precinct of the voter.
(2) A uniform, standard challenge process and procedure with regards to the items missing on the absentee by mail certificate of an absentee by mail ballot and determinations made by the board.

Source

Acts 1985, No. 755, §§1 and 2; Acts 1994, 3rd Ex. Sess., No. 10, §1, eff. Jan. 1, 1995; Acts 2001, No. 451, §6, 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; Acts 2005, No. 220, §1, eff. Jan. 1, 2006; Acts 2009, No. 369, §2, eff. Jan. 1, 2010; Acts 2013 , No. 395 , § 1 , eff. June 18, 2013; Acts 2020 , No. 354 , § 1 , eff. June 12, 2020; Acts 2020, 2nd Ex. Sess., No. 9, §1, eff. Oct. 23, 2020; Acts 2021 , No. 381 , § 1 , eff. June 17, 2021; Acts 2021 , No. 423 , § 1 ; Acts 2023 , No. 91 , § 1 , eff. June 6, 2023.

History

Amended by Acts 2024 , No. 321 , s. 1 , eff. 8/1/2024 .

Amended by Acts 2023 , No. 91 , s. 1 , eff. 6/6/2023 .

Amended by Acts 2021 , No. 423 , s. 1 , eff. 8/1/2021 .

Amended by Acts 2021 , No. 381 , s. 1 , eff. 6/17/2021 .

Amended by Acts 2020EX2 , No. 9 , s. 1 , eff. 10/23/2020 .

Amended by Acts 2020 , No. 354 , s. 1 , eff. 6/12/2020 .

Amended by Acts 2013 , No. 395 , s. 1 , eff. 6/18/2013 .

Acts 1985, No. 755, §§1 and 2; Acts 1994, 3rd Ex. Sess., No. 10, §1, eff. 1/1/1995 ; Acts 2001, No. 451, §6, eff. 1/12/2004 ; Acts 2001, No. 1181, §1, eff. 1/1/2002 ; Acts 2002, 1st Ex. Sess., No. 130, §1, eff. 4/23/2002 ; Acts 2005, No. 220, §1, eff. 1/1/2006 ; Acts 2009, No. 369, §2, eff. 1/1/2010 .

Effective Starting 7/1/2025

A.
(1) A candidate or his representative, a member of the board, or a qualified elector may challenge an absentee by mail or early voting ballot for the grounds specified in R.S. 18:565 (A) , by personally filing his written challenge with the registrar no later than the fourth day before the election for which the ballot is challenged. Such challenge shall be on a form provided by the secretary of state.
(2) The form shall include:
(a) The ground, specified in R.S. 18:565 (A) , on which the challenge is made.
(b) The election involved.
(c) The specific reason for which the challenge is made.
(d) The name, address, and telephone number, if any, of the person challenging the ballot, all of which shall be written by the person challenging the vote.
(3) The form shall also include information about the date and place where the board will determine the validity of the challenge, which information shall be included by the registrar. Within twenty-four hours after the challenge has been filed, the registrar shall mail a copy of the challenge to the voter whose absentee by mail or early voting ballot is being challenged at the address shown on the registrar's roll of electors. The registrar shall retain the original challenge form and shall transmit it to the place where the absentee by mail or early voting ballot will be counted and tabulated for the use of the board on election day.
B. During the preparation and verification process for the counting of absentee by mail and early voting ballots before the election, as applicable, or the counting of absentee by mail and early voting ballots on election day, any candidate or his representative, member of the board, or qualified elector may challenge an absentee by mail or early voting ballot for cause, other than those grounds specified in R.S. 18:565 (A) . Failure to include a witness's mailing address on an absentee ballot certificate shall not be grounds to challenge an absentee by mail ballot.
C. Notwithstanding the provisions of Subsections A and B of this Section, any absentee by mail ballot with an absentee by mail certificate missing information, which is required to be completed by the voter pursuant to R.S. 18:1310 , that was not cured by the voter in accordance with the provisions of LAC 31:I.301 et seq. shall be deemed challenged. However, an absentee by mail ballot shall not be deemed challenged solely because the voter indicates on the absentee by mail certificate that he does not know his mother's maiden name.
D.
(1) During the counting of absentee by mail and early voting ballots, at least a majority of the members of the board shall hear and determine the validity of any ballot challenged in accordance with the provisions of Subsection A or B of this Section.
(2) If a challenge in accordance with the provisions of Subsection A of this Section is sustained, the vote shall not be counted; the ballot or early voting confirmation sheet shall be placed in the special, secure absentee by mail and early voting ballot container; and the board shall notify the voter in writing of the challenge and the cause therefor. This notification shall be on a form provided by the secretary of state and shall be signed by at least a majority of the members of the board. The notice of the challenge and the cause therefor shall be given within four business days by mail, addressed to the voter at his place of residence. The board shall retain a copy of the notification. However, if the challenge is based upon a change of residence within the parish or is based upon a change of residence outside of the parish that has occurred within the last three months, the ballot shall be counted, provided that the voter confirmed his current address as shown by the affidavit of the absentee by mail ballot certificate or early voting confirmation sheet or, if the voter is on the inactive list of voters, as shown by the information provided on an address confirmation notice.
(3)
(a) If a challenge in accordance with the provisions of Subsection B of this Section is sustained, the vote shall not be counted and the board shall write "rejected" and the cause therefor across the ballot envelope or early voting confirmation sheet, and shall place the ballots and early voting confirmation sheets so rejected in the special, secure absentee by mail and early voting ballot container. The board shall notify the voter in writing of the challenge and the cause therefor. The notification shall be on a form provided by the secretary of state and shall be signed by at least a majority of the members of the board. The notice of the challenge and the cause therefor shall be given within four business days by mail addressed to the voter at his place of residence. The board shall retain a copy of the notification. The registrar shall record the reason for the rejection in the state voter registration computer system.
(b) If a ballot is rejected pursuant to the provisions of R.S. 18:1316 , the vote shall not be counted and the board shall write "rejected" and the cause therefor on a separate slip of paper and attach it to the ballot, and shall place the ballots so rejected in the special, secure absentee by mail and early voting ballot container.
(4) If a challenge in accordance with the provisions of Subsection C of this Section is sustained, the vote shall not be counted, the board shall write "rejected" and the reason therefor across the ballot envelope, and shall place the rejected ballot in the special absentee by mail ballot envelope or container. The board shall notify the voter in writing of the challenge and the reason therefor. The notification shall be on a form provided by the secretary of state and shall be signed by at least a majority of the members of the board. The notice of the challenge and the reason therefor shall be given within four business days by mail addressed to the voter at his place of residence. The board shall retain a copy of the notification.
E. The secretary of state shall provide for the following:
(1) The preprinting of information on the absentee by mail certificate of an absentee ballot by mail in a form prescribed by the secretary of state, including but not limited to the date of the election and the ward and precinct of the voter.
(2) A uniform, standard challenge process and procedure with regards to the items missing on the absentee by mail certificate of an absentee by mail ballot and determinations made by the board.

Source

Acts 1985, No. 755, §§1 and 2; Acts 1994, 3rd Ex. Sess., No. 10, §1, eff. Jan. 1, 1995; Acts 2001, No. 451, §6, 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; Acts 2005, No. 220, §1, eff. Jan. 1, 2006; Acts 2009, No. 369, §2, eff. Jan. 1, 2010; Acts 2013 , No. 395 , § 1 , eff. June 18, 2013; Acts 2020 , No. 354 , § 1 , eff. June 12, 2020; Acts 2020, 2nd Ex. Sess., No. 9, §1, eff. Oct. 23, 2020; Acts 2021 , No. 381 , § 1 , eff. June 17, 2021; Acts 2021 , No. 423 , § 1 ; Acts 2023 , No. 91 , § 1 , eff. June 6, 2023.

History

Amended by Acts 2024 , No. 712 , s. 1 , eff. 7/1/2025 .

Amended by Acts 2024 , No. 521 , s. 1 , eff. 7/1/2025 .

Amended by Acts 2023 , No. 91 , s. 1 , eff. 6/6/2023 .

Amended by Acts 2021 , No. 423 , s. 1 , eff. 8/1/2021 .

Amended by Acts 2021 , No. 381 , s. 1 , eff. 6/17/2021 .

Amended by Acts 2020EX2 , No. 9 , s. 1 , eff. 10/23/2020 .

Amended by Acts 2020 , No. 354 , s. 1 , eff. 6/12/2020 .

Amended by Acts 2013 , No. 395 , s. 1 , eff. 6/18/2013 .

Acts 1985, No. 755, §§1 and 2; Acts 1994, 3rd Ex. Sess., No. 10, §1, eff. 1/1/1995 ; Acts 2001, No. 451, §6, eff. 1/12/2004 ; Acts 2001, No. 1181, §1, eff. 1/1/2002 ; Acts 2002, 1st Ex. Sess., No. 130, §1, eff. 4/23/2002 ; Acts 2005, No. 220, §1, eff. 1/1/2006 ; Acts 2009, No. 369, §2, eff. 1/1/2010 .

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Prior Versions of This Statute