Louisiana Revised Statutes 18:1315 – Challenge of absentee by mail or early voting ballot
Terms Used In Louisiana Revised Statutes 18:1315
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Ballot: means a paper ballot or electronic ballot, where applicable. See Louisiana Revised Statutes 18:1302
- Board: means the parish board of election supervisors of each parish. See Louisiana Revised Statutes 18:1302
- Early voting: means the period of time prior to any scheduled election when any person who is qualified to vote may vote in person at a place designated by the registrar as provided in Louisiana Revised Statutes 18:1302
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Registrar: means the registrar of voters of each parish. See Louisiana Revised Statutes 18:1302
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 La. Rev. Stat. 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 La. Rev. Stat. 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 La. Rev. Stat. 18:565(A).
C.(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 La. Rev. Stat. 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.
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.