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Regular Session, 2014
HOUSE BILL NO. 296
BY REPRESENTATIVE CONNICK
ELECTIONS: Provides for an automatic recount in elections when the number of absentee
by mail and early voting ballots could make a difference in the outcome of the
election
AN ACT1
To amend and reenact R.S. 18:1313(J)(2)(a), (b), and (d), relative to elections; to provide2
relative to recounts of absentee by mail and early voting ballots; to provide for a3
recount in proposition elections under certain circumstances; to provide for4
procedures; to provide relative to the duties of certain election officials relative to5
such recount; to provide relative to the payment of costs; and to provide for related6
matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 18:1313(J)(2)(a, (b), and (d) are hereby amended and reenacted to9
read as follows:10
§1313. Tabulation and counting of absentee by mail and early voting ballots11
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J.13
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(2)(a)(i) Notwithstanding the provisions of Paragraph (1) of this Subsection,15
if the number of absentee by mail and early voting ballots cast for all candidates for16
an office could make a difference in the outcome of the election for such office, upon17
the written request of a candidate for such office, the board shall recount the absentee18
by mail ballots by hand or scanning equipment and early voting ballots19 HLS 14RS-515 REENGROSSED
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electronically, unless paper ballots were used for early voting and in such case, the1
ballots shall be recounted by hand for such office.2
(ii) Notwithstanding the provisions of Paragraph (1) of this Subsection, if the3
number of absentee by mail and early voting ballots cast for and against a4
proposition could make a difference in the outcome of the election, upon the written5
request of a person who voted in the proposition election, the board shall recount the6
absentee by mail ballots by hand or scanning equipment and early voting ballots7
electronically, unless paper ballots were used for early voting and in such case, the8
ballots shall be recounted by hand for such election.9
(b) All recounts of absentee by mail and early voting ballots shall be held at10
10:00 a.m. or following the reinspection of voting machines on the fifth day after the11
election and at any time ordered by a court of competent jurisdiction. If the fifth day12
after the election falls on a holiday or weekend, such recount shall be held on the13
next working day at 10:00 a.m. or following the reinspection of voting machines.14
Any written request for recount of absentee by mail and early voting ballots shall be15
filed with the clerk of court. The deadline for filing a request for recount of absentee16
by mail and early voting ballots shall be the last working day prior to the date of the17
recount. Immediately upon receiving any request, the clerk of court shall18
prominently post in his office a notice of the time and place where the absentee by19
mail and early voting ballots will be recounted and the name of the candidate or the20
voter in the proposition election requesting the recount.21
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(d)(i) The candidate or the voter in the proposition election requesting the23
recount shall be responsible for all reasonable costs associated with such recount24
which shall be payable to the clerk of court. The costs shall be paid at the time the25
written request for the recount is filed with the clerk of court and shall be paid in26
cash or by certified or cashier's check on a state or national bank or credit union,27
United States postal money order, or money order issued by a state or national bank28
or credit union.29 HLS 14RS-515 REENGROSSED
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(ii) If the recount changes the outcome of the election, the costs paid by the1
candidate or voter in the proposition election shall be refunded by the clerk of court,2
and the costs of the recount shall be a reimbursable election expense as provided in3
Chapter 8-A of this Title.4
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Connick HB No. 296
Abstract: Provides for a recount in proposition elections upon the request of a person who
voted in the proposition election when the number of absentee by mail and early
voting ballots could make a difference in the outcome of the election, and provides
for a refund of costs paid by the requestor in a candidate or proposition election
when the recount changes the outcome of the election.
Present law (R.S. 18:1313) provides relative to the tabulation and counting of absentee by
mail and early voting ballots. Provides that 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 such office, the parish board of election supervisors shall recount the
absentee by mail ballots.
Present law requires that a written request by a candidate be filed with the clerk of court for
a recount to be conducted. Provides deadlines for making the request. Provides that the
candidate requesting the recount shall be responsible for all reasonable costs associated with
such recount which shall be payable to the clerk of court. Provides for the method of
payment.
Proposed law retains present law. Applies present law to proposition elections in addition
to candidate elections; provides that a person who voted in the proposition election may
request the recount. Additionally provides that if the recount changes the outcome of an
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 present law (Chapter 8-A of Title 18–R.S. 18:1400.1-1400.8).
(Amends R.S. 18:1313(J)(2)(a), (b), and (d))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original bill.
1. Removes provisions of proposed law that would have repealed the requirement
that a written request be made by a candidate by a certain deadline for a recount
to be conducted in a candidate election.
2. Removes provisions of proposed law that would have repealed the requirement
that the candidate pay the costs of the recount. HLS 14RS-515 REENGROSSED
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3. Adds provisions authorizing a person who voted in a proposition election to
make a written request according to the same procedures and deadlines as for
candidate elections in order for a recount to be conducted in a proposition
election and requiring the person to pay the costs of the recount.
4. Adds provisions that require the costs paid by the candidate or person who voted
in the proposition election to be refunded if the recount changes the outcome of
the election.
House Floor Amendments to the engrossed bill.
1. Provides that if the costs of the recount are refunded, the costs shall be a
reimbursable election expense as provided in present law.