§1313. Tabulation and counting of absentee by mail and early voting ballots
A. The parish board of election supervisors may conduct the tabulation and counting
of absentee by mail and early voting ballots in accordance with this Section. The parish
board shall notify the secretary of state in writing no later than five days prior to a primary
or general election that the tabulation and counting of absentee by mail and early voting
ballots will be conducted pursuant to this Section or pursuant to R.S. 18:1313.1.
B.(1) The parish board of election supervisors shall be responsible for the
preparation, verification, counting, and tabulation of all absentee by mail and early voting
ballots in the parish. The board may utilize parish board commissioners to count the
absentee by mail and early voting ballots in the parish. If the board determines that parish
board commissioners are necessary to prepare, verify, count, and tabulate the absentee by
mail and early voting ballots, it shall select parish board commissioners in accordance with
the provisions of R.S. 18:1314.
(2) If an insufficient number of parish board commissioners was selected pursuant
to R.S. 18:1314 to count the absentee by mail and early voting ballots, the board, through the
registrar of voters, shall request approval from the commissioner of elections to select a
sufficient number of parish board commissioners on election day to assist in the counting of
the ballots.
C.(1) Absentee by mail and early voting ballots shall be counted at a public facility
within the parish designated by the registrar of voters at a time fixed by the parish board of
election supervisors, which time shall be on election day no later than 8:00 p.m.
(2) Prior to the counting of absentee by mail and early voting ballots on election day,
any person authorized by the secretary of state may assist the registrar of voters in the
challenge removal process on the early voting machines, in the reading of the early voting
machine results cartridges on the secretary of state's equipment, and in producing the early
voting machine results report. All early voting machine results reports shall be placed in the
special, secure absentee by mail and early voting container.
D.(1) If the preparation, verification, counting, and tabulation of absentee by mail
and early voting ballots begins prior to the closing of the polls, such preparation, verification,
counting, and tabulation shall be conducted in a location and manner to prevent disclosure
of the results prior to the closing of the polls. Each person except a person providing security
to the parish board of election supervisors; a representative of the attorney general, with
written approval of the secretary of state; the clerk of court; the registrar of voters; or a
person providing technical assistance pursuant to Paragraph (2) of this Subsection who enters
the location in which the absentee by mail and early voting ballots are being prepared,
verified, counted, and tabulated shall remain in that location and shall not be allowed to leave
except temporarily, and then only when accompanied by a law enforcement officer, and shall
not communicate with any person outside until the polls are closed. The parish board of
election supervisors may take any action necessary to ensure that no information with respect
to the preparation, verification, counting, and tabulation of absentee by mail and early voting
ballots is transmitted from the location where the absentee by mail and early voting ballots
are being counted and tabulated prior to the close of the polls on election day.
(2) Any person authorized by the secretary of state may provide security or technical
assistance including advice, analysis, diagnosis, or repair for voting machines at the location
where absentee by mail and early voting votes are being prepared, verified, counted, and
tabulated. Such security or technical assistance shall be provided only upon the request of
the parish board of election supervisors or a team of parish board commissioners, and may
be made in person at the location where absentee by mail and early voting votes are being
prepared, verified, counted, and tabulated, or by telephone, or both. Any authorized person
providing such security or technical assistance may enter and leave the location where
absentee by mail and early voting votes are being prepared, verified, counted, and tabulated
before the closing of the polls and during the process of counting and tabulation. No such
person shall disclose any information with respect to the preparation, verification, counting,
and tabulation of absentee by mail and early voting ballots prior to the close of the polls on
election day.
E.(1) Candidates, their representatives, and qualified electors may be present during
the preparation, verification, counting, and tabulation of absentee by mail and early voting
ballots. If the counting and tabulation of absentee by mail and early voting ballots begin
prior to the closing of the polls, the board shall give notice reasonably calculated to inform
any person who wants to be present during the preparation, verification, counting, and
tabulation that no person will be allowed to leave or to communicate with any other person
outside, until such time as the polls are closed, nor shall any person who is present during
the preparation, verification, counting, and tabulation of absentee by mail and early voting
ballots possess a cellular telephone or electronic communication or recording device.
(2) The preparation, verification, counting, and tabulation of absentee by mail and
early voting ballots shall not be video, audio, or tape recorded, filmed, or broadcast live.
F. The board shall count the absentee by mail and early voting ballots and post the
results after the closing of the polls as the total number of absentee by mail and early voting
votes cast in the election for each candidate and the total number cast for and against each
proposition.
G. The procedure for the preparation, verification, counting, and tabulation of
absentee by mail ballots shall be as follows:
(1) A member of the board shall remove all certificates, envelopes, and ballots from
the special, secure absentee by mail and early voting ballot container.
(2) The board shall announce the name of each absentee by mail voter and the ward
and precinct where he is registered to vote and shall compare the name on the certificate with
the names on the absentee by mail voter report.
(3) The board shall determine the validity of challenges filed in accordance with R.S.
18:1315.
(4) If the board determines that an absentee by mail ballot is valid, a member of the
board shall make a check mark on the absentee by mail voter report beside the name of the
voter as it appears on the report and write his initials on each page of the report. If applicable,
a member of the board shall remove the certificate and leave the envelope sealed.
(5) If a majority of the members of the board determine that an absentee by mail
ballot is invalid, the members shall not remove the certificate, leave the envelope sealed, and
a member of the board shall write the word "rejected", together with the reasons for rejecting
the ballot, across the envelope containing the ballot or across the certificate. The member
shall also write the word "rejected" and his initials on the absentee by mail voter report
beside the name of the voter as it appears in the report. The rejected absentee by mail ballots
and certificates shall be replaced in the special, secure absentee by mail and early voting
ballot container. No rejected absentee by mail ballot shall be counted.
(6) After the validity of all absentee by mail ballots has been determined, the
members of the board shall place the valid certificates in the container provided for that
purpose and seal the container. Two of the members shall execute the certificate on the
container.
(7) The members shall open the envelopes containing the valid absentee by mail
ballots and remove the ballots.
(8) The board shall, in accordance with the requirements of R.S. 18:1316, reject any
ballot which contains a distinguishing mark or feature making the ballot susceptible of
identification. However, a ballot shall not be rejected as containing a distinguishing mark
if the ballot was transmitted electronically to a member of the United States Service, as
defined in R.S. 18:1302, or a person residing outside the United States.
(9) If a ballot is physically damaged or cannot properly be counted by the counting
equipment and the vote cast by the voter is clearly discernible from a physical inspection of
the defective ballot, the ballot may be counted by hand or a true duplicate may be made of
the defective ballot in the presence of witnesses and substituted for the ballot. Any duplicate
ballot shall be clearly labeled "duplicate", bear a ballot number which shall be recorded on
the defective ballot, and be counted in lieu of the defective ballot. After a ballot has been
duplicated, the defective ballot shall be placed in the special, secure absentee by mail and
early voting ballot container, and the duplicate ballot shall be counted with the other valid
ballots.
(10) The special absentee ballots cast by members of the United States Service or
persons who reside outside of the United States shall be counted either by hand or as a true
duplicate.
H. The procedure for counting early voting machine ballots and paper ballots voted
during early voting shall be as follows:
(1) A member of the board shall remove the early voting verification forms, early
voting machine public counter logs, early voting confirmation sheets, paper ballots voted
during early voting, early voter report, and all early voting machine results reports from the
special, secure absentee by mail and early voting ballot container.
(2) The board shall review the early voting verification forms and early voting
machine public counter logs and, if found to be acceptable to the board, sign each early
voting verification form. If the board does not find an early voting verification form to be
acceptable, it may review any early voting confirmation sheet and shall document its
correction to the early voting verification form and then sign it.
(3) The board shall post the results from each early voting machine results report for
the early voting ballots, unless an early voting ballot has been challenged pursuant to R.S.
18:1309(E)(6) or 1315.
(4) For each paper ballot voted during early voting, the board shall announce the
name of the person who voted by paper ballot during early voting and the ward and precinct
where the person is registered to vote and shall compare the name on the certificate with the
names on the early voter report.
(5) The board shall determine the validity of challenges made in accordance with
R.S. 18:1315.
(6) If the board determines that a paper ballot voted during early voting is valid, a
member of the board shall write the words "voted early" and his initials on the early voter
report beside the name of the voter as it appears on the report. A member of the board shall
remove the certificate and leave the envelope sealed.
(7) If a majority of the members of the board determine that a paper ballot voted
during early voting is invalid, the members shall not remove the certificate, leave the
envelope sealed, and a member of the board shall write the word "rejected" together with the
reasons for rejecting the ballot across the envelope containing the ballot. The member shall
also write the word "rejected" and his initials on the early voter report beside the name of the
voter as it appears on the report. The rejected ballot shall be placed in the special, secure
absentee by mail and early voting ballot container. No rejected paper ballot voted during
early voting shall be counted.
(8) After the validity of all paper ballots voted during early voting has been
determined, the members of the board shall place the valid early voting confirmation sheets
and certificates in the container provided for that purpose and seal the container. Two of the
members shall execute the certificate on the container.
(9) The members shall open the envelopes containing the valid paper ballots voted
during early voting and remove the ballots.
(10) The board shall, in accordance with the requirements of R.S. 18:1316, reject any
ballot which contains a distinguishing mark or feature making the ballot susceptible of
identification.
(11) If a ballot is physically damaged or cannot properly be counted by the counting
equipment and the vote cast by the voter is clearly discernible from a physical inspection of
the defective ballot, the ballot may be counted by hand or a true duplicate may be made of
the defective ballot in the presence of witnesses and substituted for the ballot. Any duplicate
ballot shall be clearly labeled "duplicate", bear a ballot number which shall be recorded on
the defective ballot, and be counted in lieu of the defective ballot. After a ballot has been
duplicated, the defective ballot shall be placed in the special, secure absentee by mail and
early voting ballot container, and the duplicate ballot shall be counted with the other valid
ballots.
(12)(a) Prior to utilizing any absentee by mail and early voting counting equipment,
the parish board of election supervisors shall generate a zero tally to ensure that the
equipment's candidate and question counters are set at zero and that no votes have been cast
for any candidate or for or against any proposition.
(b) The board shall sign and certify to the correctness of each zero proof sheet and
place all zero proof sheets in the special, secure absentee by mail and early voting container.
(13) The absentee by mail and early voting votes cast for a candidate and those cast
for and against a proposition shall be counted and the total number of absentee by mail and
early voting votes cast for a candidate and those cast for and against a proposition shall be
entered by the members of the board as the total number of votes on the final absentee by
mail and early voting vote report, and the members of the board shall certify the results. A
copy of the final absentee by mail and early voting vote report shall be posted by a member
of the board after the polls close at the location where the tabulation and counting was
conducted and the office of the registrar of voters.
I. The final absentee by mail and early voting vote report prepared by the parish
board of election supervisors shall be transmitted to the clerk of court immediately upon
completion of the tabulation of the absentee by mail and early voting ballots on election
night. A copy of the record shall be transmitted immediately to the secretary of state, and a
copy of the record shall be placed in the special, secure absentee by mail and early voting
container.
J. When the absentee by mail and early voter reports have been returned to the
registrar of voters, the registrar, based on the information contained in the reports, shall
confirm that the words "voted by mail" or "voted early" are written in the proper space on the
precinct register for each voter who voted early or absentee by mail.
K.(1) Upon completion of the tabulation and counting of the absentee by mail and
early voting ballots, the parish board of election supervisors shall return the absentee by mail
and early voting ballots and electronic results report to the special, secure absentee by mail
and early voting ballot container; shall seal the container; and shall deliver the container to
the registrar of voters. The registrar shall preserve the container and its contents inviolate
and, except upon order of a court of competent jurisdiction or at the direction of the secretary
of state for the purpose of conducting post-election tabulation audits, shall not allow the
absentee by mail and early voting documents to be inspected by anyone until the delay for
filing an action contesting the election has lapsed. If an action contesting the election is
commenced timely, the registrar shall continue to preserve the container and its contents
inviolate, subject to the orders of the court, until the final judgment in the action has become
definitive.
(2)(a)(i) Notwithstanding the provisions of Paragraph (1) of this Subsection, if the
number of absentee by mail and early voting ballots cast for all candidates for an office could
make a difference in the outcome of the election for the office, upon the written request of
a candidate for the office, the board shall recount the absentee by mail ballots by hand or
scanning equipment and early voting ballots electronically, unless paper ballots were used
for early voting and in such case, the ballots shall be recounted by hand for the office. The
registrar shall preserve the container and its contents inviolate and, except upon the board
recounting the absentee by mail ballots, shall not allow the absentee by mail and early voting
ballots to be inspected by anyone until the recounting of the absentee by mail and early
voting ballots by the board.
(ii) Notwithstanding the provisions of Paragraph (1) of this Subsection, if the number
of absentee by mail and early voting ballots cast for and against a proposition could make a
difference in the outcome of the election, upon the written request of a person who voted in
the proposition election, the board shall recount the absentee by mail ballots by hand or
scanning equipment and early voting ballots electronically, unless paper ballots were used
for early voting and in such case, the ballots shall be recounted by hand for such election.
The registrar shall preserve the envelope or container and its contents inviolate and, except
upon the board recounting the absentee by mail ballots, shall not allow the absentee by mail
and early voting ballots to be inspected by anyone until the recounting of the absentee by
mail and early voting ballots by the board.
(b) All recounts of absentee by mail and early voting ballots shall be held on the fifth
day after the election at a time set by the secretary of state, in conjunction with the registrar
of voters and the clerk of court, or following the reinspection of voting machines on the fifth
day after the election and at any time ordered by a court of competent jurisdiction. If the fifth
day after the election falls on a holiday or weekend, such recount shall be held on the next
working day at a time set by the secretary of state, in conjunction with the registrar of voters
and the clerk of court, or following the reinspection of voting machines. Any written request
for recount of absentee by mail and early voting ballots shall be filed with the clerk of court.
The deadline for filing a request for recount of absentee by mail and early voting ballots shall
be 4:30 p.m. on the third calendar day after the election. Immediately upon receiving any
request, the clerk of court shall prominently post in his office a notice of the time and place
where the absentee by mail and early voting ballots will be recounted and the name of the
candidate or the voter in the proposition election requesting the recount.
(c) Upon completion of the recount of the absentee by mail and early voting ballots,
the board shall return the absentee by mail and early voting documents to the special, secure
absentee by mail and early voting ballot container; shall reseal the container; and shall
deliver the container and its contents to the registrar of voters who shall preserve the
container and its contents in the manner provided for in Paragraph (1) of this Subsection.
(d)(i) The candidate or the voter in the proposition election requesting the recount
shall be responsible for all reasonable costs associated with such recount which shall be
payable to the clerk of court. The costs shall be paid at the time the written request for the
recount is filed with the clerk of court and shall be paid in cash or by certified or cashier's
check on a state or national bank or credit union, United States postal money order, or money
order issued by a state or national bank or credit union.
(ii) If the recount changes the outcome of the election, the costs paid by the candidate
or voter in the proposition election shall be refunded by the clerk of court, and the costs of
the recount shall be a reimbursable election expense as provided in Chapter 8-A of this Title.
(3) A candidate or his representative, in the presence of a majority of the parish
board of election supervisors, shall be allowed to inspect the certificates removed from the
valid absentee by mail ballots and the certificates removed from the valid early voting ballots
when paper ballots are used for early voting. All such inspections shall be held at a time set
by the secretary of state, in conjunction with the registrar of voters and the clerk of court, or
following the recount of absentee by mail and early voting ballots on the fifth day after the
election and at any time ordered by a court of competent jurisdiction. If the fifth day after
the election falls on a holiday or weekend, the inspection shall be held on the next working
day at a time set by the secretary of state, in conjunction with the registrar of voters and the
clerk of court, or following the recount of absentee by mail and early voting ballots. Any
written request for inspection shall be filed with the clerk of court. The deadline for filing
a request for inspection shall be 4:30 p.m. on the third calendar day after the election.
Immediately upon receiving any request, the clerk of court shall prominently post in his
office a notice of the time and place where the inspection will occur and the name of the
candidate requesting the inspection. The candidate requesting the inspection shall be
responsible for all reasonable costs associated with the inspection, which shall be payable
to the clerk of court. The costs shall be paid at the time the written request for the inspection
is filed with the clerk of court and shall be paid in cash, by certified or cashier's check on a
state or national bank or credit union, United States postal money order, or money order
issued by a state or national bank or credit union.
(4) The parish board of election supervisors shall be entitled to reimbursement at the
rate established in R.S. 18:423(E) for attending the recount of absentee by mail and early
voting ballots and inspection, but not both if they are conducted on the same day. However,
such reimbursement shall not be counted toward the limitation on compensation provided
in R.S. 18:423(E) or (J). No member of the parish board of election supervisors shall be
reimbursed for attending a recount of absentee by mail and early voting ballots or inspection
if such member received reimbursement for attending the reinspection of voting machines
which was conducted on the same day as the recount of the absentee by mail and early voting
ballots or inspection.
L. Any absentee by mail or early voting ballot cast by a voter who dies prior to
election day shall be tabulated and counted in accordance with the provisions of this Section.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978; Acts 1980, No. 506, §1, eff. Jan. 1, 1981;
Acts 1982, No. 166, §1, eff. July 14, 1982; Acts 1983, No. 519, §1, eff. July 8, 1983; Acts
1984, No. 672, §1; Acts 1985, No. 755, §1; Acts 1986, No. 669, §1; Acts 1989, No. 179, §1,
eff. Jan. 1, 1990; Acts 1997, No. 1420, §1, eff. Jan. 1, 1998; Acts 1999, No. 254, §1, eff. Jan.
1, 2000; 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 2004, No. 526, §2, eff.
June 25, 2004; Acts 2005, No. 220, §§1, 4, eff. Jan. 1, 2006; Acts 2006, No. 403, §1, eff.
June 15, 2006; Acts 2007, No. 240, §1; Acts 2008, No. 136, §1, eff. June 6, 2008; Acts 2010,
No. 624, §1, eff. June 25, 2010; Acts 2012, No. 138, §1, eff. May 14, 2012; Acts 2013, No.
383, §1, eff. June 18, 2013; Acts 2013, No. 395, §§1, 2, eff. June 18, 2013; Acts 2014, No.
615, §1; Acts 2016, No. 281, §1, eff. May 31, 2016, §2, eff. Jan. 1, 2017; Acts 2017, No.
176, §§1, 5, eff. June 14, 2017; Acts 2019, No. 374, §1, eff. June 19, 2019; Acts 2020, No.
354, §1, eff. June 12, 2020; Acts 2020, No. 360, §1, eff. June 12, 2020; Acts 2022, No. 274,
§1, eff. June 3, 2022; Acts 2023, No. 91, §1, eff. June 6, 2023; Acts 2024, No. 325, §1; Acts
2024, No. 754, §1; Acts 2025, No. 386, §1.