Louisiana Recount Laws

This information was initially released on October 21, 2010.

Voting System Used: 

DREs without VVPAT For more details, visit Verified Voting.

Counting Method: 

Mix of recount and retabulation No statutory guidance provided for counting method The Louisiana Revised Statutes' laws regarding recounts pertain only to absentee by mail and early voting ballots. See Title 18, Section 1451, “Recount of absentee by mail and early voting ballots”: http://www.legis.state.la.us/lss/lss.asp?doc=81426. See also Section 1313, “Tabulation and counting of absentee by mail and early voting ballots,” Subsection (I): http://www.legis.state.la.us/lss/lss.asp?doc=81353. There is no statutory guidance on whether these ballots are to be recounted by hand or retabulated by machine. Procedures for recounts are described in Sections 1313 and 1453, “Recount procedure,” but no description of counting method is provided: http://www.legis.state.la.us/lss/lss.asp?doc=81428. There are no recount laws for any other votes. Even if legislators were to pass new statutes allowing for these votes to be recounted, as Louisiana currently uses only direct-recording electronic machines (DREs) without a voter-verified paper audit trail (VVPAT), at most an electronic review of other votes could be conducted.

Initiating Mechanism: 

Candidate-initiated

Candidate-Initiated Options: 

Contested election Specific ballot category (absentee ballots) Candidates may file a written request for a recount of absentee by mail and early voting ballots 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. See Section 1313. Candidates may also petition for a recount if they are already part of an election contest in the courts. Again, this is only for a recount of absentee and early voting ballots. See Section 1451, “Recount of absentee by mail and early voting ballots”: http://www.legis.state.la.us/lss/lss.asp?doc=81426. No restrictions are listed regarding the type of election that may be contested, or limiting the eligibility of certain offices for a contest or recount. For other rules regarding who may bring an election contest, see Section 44, “Contesting election; referral for prosecution”: http://www.legis.state.la.us/lss/lss.asp?doc=81574, as well as Section 1401, “Objections to candidacy and contests of elections”: http://www.legis.state.la.us/lss/lss.asp?doc=81406. Timing: Requests for a recount must be in writing and filed with the clerk of court on the last working day prior to the date of the recount or ordered by a court of competent jurisdiction. See Section 1313. For recounts during an election contest, the recount request must take place as an ex parte motion before the trial begins in an election contest. The trial judge has full authority in deciding the time the recount is to take place. No statutory guidance is otherwise provided regarding the length or timing of the recount. See Section 1453, “Recount procedure”: http://www.legis.state.la.us/lss/lss.asp?doc=81428.

Cost for Candidate-Initiated Recounts: 

Paid entirely by initiator (varies) Payer of costs depends on outcome of recount (varies) For those requests made when the absentee and early voting ballots may alter the outcome of the election, “The candidate requesting the recount shall be responsible for all reasonable costs associated with such recount.” See Section 1313, Subsection (I)(2)(d). For recounts during an election contest, if the recount alters the initial outcome of the election, the cost of the recount “shall not be assessed against any party.” If it does not, the initiator of the recount shall bear the cost. See Section 1452, “Costs of recount”: http://www.legis.state.la.us/lss/lss.asp?doc=81427.

Challengers and Observers: 

Party/candidate or initiator has statutory authority to appoint observers No statutory guidance for recount challengers No mention is made in the above statutes pertaining to recounts about the presence of challengers and observers during a recount. However, there are provisions for observers during the counting of absentee by mail and early voting ballots. Section 1313, Subsection (D), states that “Candidates, their representatives, and qualified electors may be present during the counting and tabulation of absentee by mail and early voting ballots.” As these are the only ballots counted in Louisiana recounts, this statute could be interpreted to apply as well to the counting of these ballots during a recount. While we found no statute requiring that the recount be conducted publicly, we have been informed by Louisiana State Department staff that the general practice in Louisiana is to allow recounts to be public. If you know of relevant laws or rules for Louisiana on this issue, please email info@ceimn.org.

Rules for Determining Voter Intent: 

No statutory guidance provided We were not able to locate specific statutes providing instructions for interpreting voter intent for this state. If you know of laws or rules for this state related to determining voter intent, please email info@ceimn.org.

Audit Laws: 

State does not have audit laws As of our most recent update (September 2010), Louisiana does not have audit laws.