§ 18:573 — Evidence of election results

Louisiana § 18:573

• Jurisdiction: Louisiana
• Title 18: Conservation

Text

§573. Evidence of election results
A. Opening the voting machines. (1) The voting machines used in a primary or
general election shall remain locked or otherwise secured and, if applicable, sealed until the
third day after the election unless the election is in judicial controversy and a court of
competent jurisdiction has ordered the machines opened at an earlier time. However, if the
third day falls on a Saturday, Sunday, or other legal holiday, the machines shall be opened
and, if applicable, the seals broken on the second day following the election.
(2) On the day immediately preceding the election, the clerk of court shall
prominently post in his office a notice of the time and place where the election day voting
machines will be opened after the election. If no order requiring an earlier opening has been
issued, then at the time and place designated in the notice, the clerk of court, assisted by at
least one member of the parish board of election supervisors, in the presence of the
candidates or their representatives who desire to be present, shall open the voting machines
and, if applicable, break the seals. Public and protective counter numbers shall be recorded.
Verification of the election results on each machine, as provided for in Subsection B and
subject to Subsection C of this Section, shall be completed before another machine is opened.
(3) Each election day voting machine shall be relocked or otherwise secured and, if
applicable, resealed after the candidates or their representatives have had a reasonable
opportunity to inspect the machine, which shall not be less than thirty minutes after the time
designated for opening the machines by the clerk of court in the notice posted in his office.
The clerk of court, in the presence of a majority of the parish board of election supervisors,
shall reopen any voting machine for reinspection by a candidate or his representative after
receipt of a written request for reinspection by the candidate. All reinspections shall be held
at a time set by the secretary of state, in conjunction with the registrar of voters and the clerk
of court, 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
reinspection shall be held at a time set by the secretary of state, in conjunction with the
registrar of voters and the clerk of court, on the next working day. Any written request for
reinspection of voting machines shall be filed with the clerk of court. The deadline for filing
a request for reinspection 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 voting machines will be reopened and the
name of the candidate requesting that the machines be reopened. The candidate requesting
the reinspection shall be responsible for all reasonable costs associated with such
reinspection, including technical support by the secretary of state's technicians, which shall
be payable to the clerk of court. The costs shall be estimated and paid at the time the written
request for reinspection of voting machines 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.
The parish board of election supervisors shall be entitled to reimbursement for attending the
reinspection at the rate established in R.S. 18:423(E); however, such reimbursement shall not
be counted toward the six-day limitation provided in R.S. 18:423(E). If it is necessary to
reopen a voting machine which has been relocked or otherwise secured and, if applicable,
resealed to conduct a reinspection thereof, the clerk of court shall relock or otherwise secure
and, if applicable, reseal the machine after the reinspection is completed.
(4) The vote totals shown on the machines shall be retained as provided in R.S.
18:1376.
B. Verification of election results. After the machines are opened, the clerk of court,
in the presence of the parish board of election supervisors or the members of the board
selected by the board as its representatives and the candidates or their representatives, shall
immediately verify the total votes cast for each candidate and the total votes cast for and
against each proposition as shown on the election day voting machines or voting machine
official election results reports and the total number of absentee by mail and early voting
votes cast for each candidate and the total number of absentee by mail and early voting votes
cast for and against each proposition as shown by the final absentee by mail and early voting
report filed with the clerk by the parish board of election supervisors. The machine votes
cast shall be shown separately by each precinct. The absentee by mail and early voting votes
cast for each candidate and the total number of absentee by mail and early voting votes cast
for and against each proposition as shown by the final absentee by mail and early voting
report filed with the clerk of court by the parish board of election supervisors on election
night shall be shown separately from the precinct totals as the final absentee vote report with
the total number of votes cast for each candidate and the total number of votes cast for and
against each proposition.
C. Use of employees. The clerk of court may utilize deputy clerks and other
employees of his office to assist him in opening the voting machines and verifying the
election results as required in Subsections A and B of this Section. Nothing in this Section
shall prohibit the clerk from utilizing more than one team of his deputies or employees to
perform the duties required of him. To facilitate the verification of election results, two or
more voting machines may be opened simultaneously and the results thereon verified.
D. Repealed by Acts 2019, No. 374, §3, eff. June 19, 2019.
E. Transmission and disposition of original challenges, duplicate voters' affidavits,
and address confirmation notices. (1) At the opening of the voting machines, the sealed
precinct registers shall be immediately returned to the registrar of voters. Upon receipt of
the sealed precinct registers, the registrar shall remove any attached original record of
challenges of voters made during the election, any precinct register correction affidavits, any
voter identification affidavits made pursuant to R.S. 18:562, any address confirmation
notices, any voter assistance forms, any certificates, any copies of disability documentation,
and any completed voter registration applications.
(2) The registrar shall utilize the procedures set forth in Part V of Chapter 4 of this
Code to determine the validity of the registration of each challenged voter who did not
submit an address confirmation notice. In any instance where an address confirmation notice
was received that stated an address different from the address on file in the registrar's office
for a registrant, the registrar shall change the registrant’s address to the address on the
address confirmation notice if the change of address is in the parish; transfer the registrant’s
registration to another parish if the address on the address confirmation notice is in another
parish; or cancel the registration if the address on the address confirmation notice is in
another state. If an address confirmation notice was received that affirmed the address on
file in the registrar's office, the registrar shall reinstate the registrant to the official list of
voters if the registrant appears on the inactive list of voters. If the address confirmation
notice was a result of a valid challenge, the registrar shall so inform the district attorney and
shall transmit to him the address confirmation notice of that person.
(3) The registrar also shall proceed to determine if each voter submitting a voter
identification affidavit made pursuant to R.S. 18:562 attesting that he is a qualified registered
voter is in fact a registered voter qualified to vote in the election by comparing the
information provided by the voter with the information on file in the registrar's office and by
reasonably comparing the signature on the affidavit with any signature on file for the voter
in the registrar's office. If the registrar determines that any person who has voted in the
election by virtue of his submission of such an affidavit was not a registered voter qualified
to vote in the election, the registrar shall so inform the elections compliance unit and shall
transmit to it the affidavit of that person.
(4) The registrar shall scan the address confirmation notice, voter identification
affidavit, voter assistance form, or voter registration application and add it to the voter's
record in the state voter registration computer system after processing.

Legislative History

Acts 1976, No. 697, §1, eff. Jan. 1, 1978, Amended by Acts 1977, No. 523, §1, eff. Jan. 1, 1978; Acts 1978, No. 292, §1, eff. July 6, 1978; Acts 1980, No. 506, §1, eff. Jan. 1, 1981; Acts 1981, No. 77, §1, eff. June 26, 1981; Acts 1983, No. 519, §1, eff. July 8, 1983; Acts 1984, No. 712, §1, eff. July 13, 1984; Acts 1988, No. 909, §1, eff. Jan. 1, 1989; Acts 1989, No. 179, §1, eff. Jan. 1, 1990; Acts 1993, No. 418, §1, eff. Jan. 1, 1994; Acts 1994, 3rd Ex. Sess., No. 10, §1, eff. Jan. 1, 1995; Acts 1995, No. 300, §1, eff. June 15, 1995; Acts 1997, No. 1420, §1, eff. Jan. 1, 1998; Acts 1999, No. 254, §1, eff. Jan. 1, 2000; Acts 2002, 1st Ex. Sess., No. 130, §1, eff. April 23, 2002; Acts 2005, No. 220, §4, eff. Jan. 1, 2006; Acts 2005, No. 431, §1, eff. Jan. 1, 2006; Acts 2006, No. 403, §2, eff. Jan. 1, 2007; Acts 2013, No. 383, §1, eff. June 18, 2013; Acts 2014, No. 60, §1, eff. May 16, 2014; Acts 2018, No. 584, §3, eff. Jan. 1, 2019; Acts 2019, No. 374, §§1, 3, eff. June 19, 2019; Acts 2020, No. 28, §1, eff. June 4, 2020; Acts 2020, No. 360, §1, eff. June 12, 2020; Acts 2021, No. 381, §1, eff. June 17, 2021; Acts 2023, No. 91, §1, eff. June 6, 2023; Acts 2025, No. 386, §1.